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Articles 31 - 60 of 143
Full-Text Articles in Computer Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Journal of Digital Forensics, Security and Law
Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
BYU Law Review
Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.
Traditional privacy pillars such as the home and secrecy of communications do …
A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas
A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas
Journal of Digital Forensics, Security and Law
This paper proposes a two-stage model for identifying and contextualizing features from artefacts created as a result of social networking activity. This technique can be useful in digital investigations and is based on understanding and the deconstruction of the processes that take place prior to, during and after user activity; this includes corroborating artefacts. Digital Investigations are becoming more complex due to factors such as, the volume of data to be examined; different data formats; a wide range of sources for digital evidence; the volatility of data and the limitations of some of the standard digital forensic tools. This paper …
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
Open Educational Resources
Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.
Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin
Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin
Open Educational Resources
Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Georgetown Law Faculty Publications and Other Works
For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the United States. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the EU-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the United States via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, don’t transfer the data at all. I argue …
Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff
Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz
Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani
A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
What's Going On With Copyright Trolls?, Edward Grahovec
What's Going On With Copyright Trolls?, Edward Grahovec
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell
The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
Pepperdine Law Review
Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit generating purposes. …
Should Judges Have A Duty Of Tech Competence?, John G. Browning
Should Judges Have A Duty Of Tech Competence?, John G. Browning
St. Mary's Journal on Legal Malpractice & Ethics
In an era in which lawyers are increasingly held to a higher standard of “tech competence” in their representation of clients, shouldn’t we similarly require judges to be conversant in relevant technology? Using real world examples of judicial missteps with or refusal to use technology, and drawn from actual cases and judicial disciplinary proceedings, this Article argues that in today’s Digital Age, judicial technological competence is necessary. At a time when courts themselves have proven vulnerable to cyberattacks, and when courts routinely tackle technology related issues like data privacy and the admissibility of digital evidence, Luddite judges are relics that …
Networks Of Empathy, Thomas E. Kadri
Networks Of Empathy, Thomas E. Kadri
Utah Law Review
Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.
Although law can be a powerful tool to regulate digital abuse, legal responses are …
Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay
Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay
Research Collection Yong Pung How School Of Law
The Centre for AI and Data Governance (CAIDG) at Singapore Management University (SMU) has embarked over past months on a programme of research designed to confront concerns about the pandemic and its control. Our interest is primarily directed to the ways in which AI-assisted technologies and mass data sharing have become a feature of pandemic control strategies. We want to know what impact these developments are having on community confidence and health safety. In developing this work, we have come across many myths that need busting.
Artificial Financial Intelligence, William Magnuson
Artificial Financial Intelligence, William Magnuson
Faculty Scholarship
Recent advances in the field of artificial intelligence have revived long-standing debates about what happens when robots become smarter than humans. Will they destroy us? Will they put us all out of work? Will they lead to a world of techno-savvy haves and techno-ignorant have-nots? These debates have found particular resonance in finance, where computers already play a dominant role. High-frequency traders, quant hedge funds, and robo-advisors all represent, to a greater or lesser degree, real-world instantiations of the impact that artificial intelligence is having on the field. This Article will argue that the primary danger of artificial intelligence in …
The Abraham L. Pomerantz Lecture: Investor Protection In The Digital Age, Kara M. Stein
The Abraham L. Pomerantz Lecture: Investor Protection In The Digital Age, Kara M. Stein
Brooklyn Law Review
On September 24, 2019, Kara M. Stein delivered the following keynote address at the 17th annual Abraham L. Pomerantz Lecture at Brooklyn Law School. The Pomerantz Lecture is sponsored by the Brooklyn Law Review and the Center for the Study of Business Law and Regulation at Brooklyn Law School. Kara M. Stein served as Commissioner of the U.S. Securities and Exchange Commission (SEC) from August 9, 2013 until January 2, 2019. Commissioner Stein was appointed by President Barack Obama and confirmed unanimously by the U.S. Senate.
Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier
Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier
Brooklyn Law Review
In 2014, the Internal Revenue Service (IRS) issued Notice 2014-21 in an attempt to address issues with cryptocurrency taxation, essentially reaching the conclusion that cryptocurrency must be treated like property for purposes of taxation. In the time since the IRS pronouncement, several academics have called for an alternative treatment known as “currency treatment.” Each treatment inadequately addresses the comprehensive issues surrounding cryptocurrency because they offer wholesale treatment to nuanced issues with valid concerns from each side. To truly allow this emerging industry to flourish and gain societal acceptance, artful policymaking is required. This note provides an example of such policymaking. …
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
Brooklyn Journal of Corporate, Financial & Commercial Law
Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory …
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …
The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter Menell
The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter Menell
All Faculty Scholarship
Courts have long been skeptical about the use of expert witnesses in copyright cases. More than four decades ago, and before Congress extended copyright law to protect computer software, the Ninth Circuit in Krofft Television Prods., Inc. v. McDonald’s Corp., ruled that expert testimony was inadmissible to determine whether Mayor McCheese and the merry band of McDonaldland characters infringed copyright protection for Wilhelmina W. Witchiepoo and the other imaginative H.R. Pufnstuf costumed characters. Since the emergence of software copyright infringement cases in the 1980s, substantially all software copyright cases have permitted expert witnesses to aid juries in understanding software …
Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..
What’S In The Cloud? - An Examination Of The Impact Of Cloud Storage Usage On The Browser Cache., Graeme Horsman
What’S In The Cloud? - An Examination Of The Impact Of Cloud Storage Usage On The Browser Cache., Graeme Horsman
Journal of Digital Forensics, Security and Law
Cloud storage is now a well established and popular service adopted by many individuals, often at limited or no cost. It provides users with the ability to store content on a cloud service provider’s infrastructure offering the benefit of redundancy, reliability, security, flexibility of access and the potential assumed liability of the provider for data loss within the contexts of a licensing agreement. Consequently, this form of remote storage provides a regulatory challenge as content which once resided upon a seized digital exhibit, available for scrutiny during a digital forensic investigatory, may no longer be present where attempting to acquire …
An Evaluation Of Data Erasing Tools, Andrew Jones, Isaac Afrifa
An Evaluation Of Data Erasing Tools, Andrew Jones, Isaac Afrifa
Journal of Digital Forensics, Security and Law
The permanent removal of data from media is a major area of concern mainly because of the misconception that once a file is deleted or storage media is formatted, it cannot be recovered. There has been the development of both commercial and freeware data erasing tools, which all claim complete file or disk erasure. This report analyzes the efficiency of a number of these tools in performing erasures on an electromechanical drive. It focuses on a selection of popular and modern erasing tools; taking into consideration their usability, claimed erasing standards and whether they perform complete data erasure with the …
U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim
U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim
Washington Journal of Law, Technology & Arts
In March 2018, Congress passed the Clarifying Lawful Overseas Use of Data Act, also known as the CLOUD Act, in order to expedite the process of cross-border data transfers for the purposes of criminal investigations. The U.S. government entered into its first Executive Agreement, the main tool to achieve the goals of the statute, with the United Kingdom in October 2019. While the CLOUD Act requires the U.S. Attorney General to consider whether the foreign government counterpart has a certain level of robust data privacy laws, the relevant laws of the United Kingdom have generally been questioned numerous times for …
Developing Privacy Best Practices For Direct-To-Public Legal Apps: Observations And Lessons Learned, Teresa Scassa, Amy Salyzyn, Jena Mcgill, Suzanne Bouclin
Developing Privacy Best Practices For Direct-To-Public Legal Apps: Observations And Lessons Learned, Teresa Scassa, Amy Salyzyn, Jena Mcgill, Suzanne Bouclin
Canadian Journal of Law and Technology
Canada’s access to justice problem is undeniable. Too many people are unable to get the help they need when they experience legal issues. The reasons underlying this problem are multi-faceted and complex. One major barrier to effectively accessing justice is the cost of legal services; the fees associated with hiring a lawyer are often prohibitive. Increasingly, technology is advanced as a potential solution to the unaffordability of conventional legal services. Courts have tried to create efficiencies by, for example, allowing for e-filing and video- conferenced testimony, where appropriate. For lawyers, new technology products emerge almost daily to help streamline tasks …
Can Pipeda ‘Face’ The Challenge? An Analysis Of The Adequacy Of Canada’S Private Sector Privacy Legislation Against Facial Recognition Technology, Tunca Bolca
Canadian Journal of Law and Technology
Facial recognition technology is one of the most intrusive and privacy threatening technologies available today. The literature around this technology mainly focuses on its use by the public sector as a mass surveillance tool; however, the private sector uses of facial recognition technologies also raise significant privacy concerns. This paper aims to identify and examine the privacy implications of the private sector uses of facial recognition technologies and the adequacy of Canada’s federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), in addressing these privacy concerns. Facial templates produced and recorded by these technologies are …
Searches Of The Person: A New Approach To Electronic Device Searches At Canadian Customs, Justin Doll
Searches Of The Person: A New Approach To Electronic Device Searches At Canadian Customs, Justin Doll
Canadian Journal of Law and Technology
What goes through your mind at customs? As you wait in that folded line, edging closer to a row of enclosed booths manned by uniformed officers, surrounded by security cameras and warning signs? Perhaps you’re trying to act naturally, then wondering if it shows? Perhaps you’re mentally recalculating the amount you’ve scribbled onto your customs declaration? Or perhaps you’re exhausted from your flight, maybe nursing a bit of a hangover, not thinking about much at all? When you finally get to the front of the line, how do you expect your conversation with the customs officer to go?
According to …