Computer Law Commons^™

Byte A Carrot For Change: Uprooting Problems In Data Privacy Regulations, Sarah Terry

BYU Law Review

There is a growing gap between technology advancement and a lagging regulatory system. This is particularly problematic in consumer data privacy regulating. Companies hold collected consumer data and determine its use largely without accountability. As a result, ethical questions that carry society-shaping impact are answered in-house, under the influence of groupthink, and are withheld from anyone else weighing in.

This Note poses a solution that would address multiple data privacy regulation issues. Namely, an incentive approach would help even out the information-imbalanced system. Incentives are used as tools throughout intellectual property law to foster commercial progress, discourage trade secrets, and …

“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 …

Cyber!, Andrea M. Matwyshyn

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …

Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal

Brigham Young University International Law & Management Review

No abstract provided.

Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight

BYU Law Review

No abstract provided.

Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft

BYU Law Review

No abstract provided.

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.

Independent Creation And Originality In The Age Of Imitated Reality: A Comparative Analysis Of Copyright And Database Protection For Digital Models Of Real People, Bryce Clayton Newell

Brigham Young University International Law & Management Review

No abstract provided.

Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist

Brigham Young University Journal of Public Law

No abstract provided.

The Software Licensing Dilemma, Nancy S. Kim

BYU Law Review

No abstract provided.

The Shrinkwrap Snafu: Untangling The "Extra Element" In Breach Of Contract Claims Based On Shrinkwrap Licenses, Nathan Smith

BYU Law Review

No abstract provided.

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen

Faculty Scholarship

Computer networks create tremendously increased capabilities but also represent equally increased vulnerabilities. These vulnerabilites are especially acute in relation to potential attacks on critical national infrasturucture. This Article proposes that international law must evolve to recognize that attacks against a nation's critical national infrastructure from any source constitute a use of force. Such attacks, therefore, give the victim state the right to proportional self-defense - including anticipatory self-defense - even if the computer network attack is not an armed attack under Article 51 of the United Nations Charter. Due to the instantaneous nature of computer network attacks, the right to …

Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling

BYU Law Review

No abstract provided.

One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono

BYU Law Review

No abstract provided.

Useful Arts In The Information Age, Alan L. Durham

BYU Law Review

No abstract provided.

Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz

BYU Law Review

No abstract provided.

Procd, Inc. V. Zeidenberg: The End Does Not Justify The Means In Federal Copyright Analysis, Brett L. Tolman

BYU Law Review

No abstract provided.

Software Taxation: A Critical Reevaluafion Of The Notion Of Intangibility , Robert D. Crockett

BYU Law Review

No abstract provided.

Emerging Computer-Assisted Legal Analysis Systems, Mark Morrise

BYU Law Review

No abstract provided.