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Articles 1 - 23 of 23
Full-Text Articles in Computer Law
Employee Electronic Communications In A Boundaryless World, Robert Sprague
Employee Electronic Communications In A Boundaryless World, Robert Sprague
Robert Sprague
Internet Governance Is Our Shared Responsibility, Vinton Cerf, Patrick Ryan, Max Senges
Internet Governance Is Our Shared Responsibility, Vinton Cerf, Patrick Ryan, Max Senges
Patrick T. Ryan
This essay looks at the the different roles that institutions play in the Internet governance ecosystem. We propose a model for thinking of Internet governance within the context of the layered model of the Internet. We use the example of the negotiations in Dubai in 2102 at the World Conference on International Telecommunications to show why it is important for different institutions within the governance system to focus on their areas of expertise (e.g., the ITU, ICANN, and IGF). Several areas of conflict are reviewed, such as the desire to promote more broadband infrastructure (a topic that is in the …
The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Richard Warner, Robert H. Sloan
The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Richard Warner, Robert H. Sloan
Richard Warner
We focus on privacy in public. The notion dates back over a century, at least to the work of the German sociologist, Georg Simmel. Simmel observed that people voluntarily limit their knowledge of each other as they interact in a wide variety of social and commercial roles, thereby making certain information private relative to the interaction even if it is otherwise publicly available. Current governmental surveillance in the US (and elsewhere) reduces privacy in public. But to what extent?
The question matters because adequate self-realization requires adequate privacy in public. That in turn depends on informational norms, social norms that …
Net Neutrality - Computer Law, Matthew Charles Quattrochi
Net Neutrality - Computer Law, Matthew Charles Quattrochi
Matthew Charles Quattrochi
The overall purpose of this work is to discuss the current state of net neutrality. Given Federal Communication Commission (“FCC”) Chairman Tom Wheeler’s most recent proposal to pass net neutrality into law, net neutrality is ripe for discussion.The court ruling striking down the infrastructure of the Open Internet Order in Verizon v. F.C.C., and the devaluation of Title I regulatory authority exhibited in the decision made in Comcast Corp. v. F.C.C. bring about an appropriate point to stop and reflect concerning the options the FCC has to instill net neutrality regulation.Part II of this work will be dedicated to explaining …
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, …
Drones, Henry H. Perritt Jr., Eliot O. Sprague
Drones, Henry H. Perritt Jr., Eliot O. Sprague
Henry H. Perritt, Jr.
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
A. Michael Froomkin
US law has remarkably little to say about mass surveillance in public, a failure which has allowed the surveillance to grow at an alarming rate – a rate that is only set to increase. This article proposes ‘Privacy Impact Notices’ (PINs) — modeled on Environmental Impact Statements — as an initial solution to this problem. Data collection in public (and in the home via public spaces) resembles an externality imposed on the person whose privacy is reduced involuntarily; it can also be seen as a market failure caused by an information asymmetry. Current doctrinal legal tools available to respond to …
No Surfing Allowed: A Review And Analysis Of Legislation Prohibiting Employers From Demanding Access To Employees’ And Job Applicants’ Social Media Accounts, Robert Sprague
Robert Sprague
This article examines recent state legislation prohibiting employers from requesting username and password information from employees and job applicants in order to access restricted portions of those employees’ and job applicants’ personal social media accounts. This article raises the issue of whether this legislation is even needed, from both practical and legal perspectives, focusing on: (a) how prevalent the practice is of requesting employees’ and job applicants’ social media access information; (b) whether alternative laws already exist which prohibit employers from requesting employees’ and job applicants’ social media access information; and (c) whether any benefits can be derived from this …
Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan
Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan
Richard Warner
Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.
Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
T. Noble Foster
This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …
A Comprehensive Approach To Bridging The Gap Between Cyberbullying Rules And Regulations And The Protections Offered By The First Amendment For Off-Campus Student Speech, Vahagn Amirian
Vahagn Amirian
No abstract provided.
Finding Privacy In A Sea Of Social Media And Other E-Discovery, Allyson Haynes Stuart
Finding Privacy In A Sea Of Social Media And Other E-Discovery, Allyson Haynes Stuart
Allyson Haynes Stuart
This article looks at the case law governing discovery of social media, and finds several problems. First, many courts are improperly requiring a threshold showing that relevant information exists in public portions of the user’s social media account before allowing such discovery. Second, they allow overbroad discovery, often requiring a litigant to turn over its username and password to the other party. At the same time, parties are seeking such information directly from social media sites, attempting an end-run around the relevancy requirement and increasing motion practice. The article argues that, instead, social media discovery should be treated like other …
Incentives Must Change: Addressing The Unpredictability Of Reasonable Royalty Damages, Daniel Mcmanus
Incentives Must Change: Addressing The Unpredictability Of Reasonable Royalty Damages, Daniel Mcmanus
daniel mcmanus
ABSTRACT
INCENTIVES MUST CHANGE: ADDRESSING THE UNPREDICTABILITY OF REASONABLE ROYALTY DAMAGES
Current law encourages patentees and defendants in a patent infringement suit to make the most widely varying arguments for reasonable royalty damages. The parties have so much discretion in presenting calculations for reasonable royalty damages that it is not uncommon for the patentee to request damages 80-100 times greater than the infringer’s proposed damages. Permitting so much discretion makes it highly unlikely that the resulting damages will be reasonable, and thus fails to achieve the goal of determining a reasonable royalty.
The problem is simple. Patents are difficult to …
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Jorge R Roig
The Virtual Construction Of Legality: 'Griefing' & Normative Order In Second Life, Eric M. Fink
The Virtual Construction Of Legality: 'Griefing' & Normative Order In Second Life, Eric M. Fink
Eric M Fink
This article examines the construction of legality in a virtual world, seeking to under-stand how informal social order emerges as residents construct meaning around interpersonal conflicts and interact on the basis of such meaning. ‘Griefing’, a form of disruptive behavior common to virtual worlds, provides a lens through which to investigate emergent social norms and boundaries in the virtual world of Second Life. Identifying and distinguishing rhetorical frames in Second Life residents’ understandings of and responses to griefing, the study aims to elucidate the social meaning of griefing and its place in the construction and maintenance of social order.
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Michael Katz
The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately.
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
Mark F. Grady
One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …
¿Por Qué Blawgueamos? Breve Análisis Económico De Los Blogs Jurídicos (Blawgs) Y De La Blogósfera, Maximiliano Marzetti
¿Por Qué Blawgueamos? Breve Análisis Económico De Los Blogs Jurídicos (Blawgs) Y De La Blogósfera, Maximiliano Marzetti
Maximiliano Marzetti
BREVE ANÁLISIS ECONÓMICO DE LOS BLOGS JURÍDICOS (BLAWGS) Y DE LA BLOGÓSFERA.
O Princípio Da Eficiência E O Software Livre, Ivo T. Gico
O Princípio Da Eficiência E O Software Livre, Ivo T. Gico
Ivo Teixeira Gico Jr.
O presente artigo visa a incitar o debate acerca da adoção do software livre pela Administração Pública em respeito ao princípio da efetividade, inscrito no art. 37 da Constituição Federal.
This article goal is to encourage discussion about the adoption of free software by the government regarding the principle of effectiveness included in Art. 37 of the Federal Constitution.
O Documento Eletrônico Como Meio De Prova No Brasil, Ivo T. Gico
O Documento Eletrônico Como Meio De Prova No Brasil, Ivo T. Gico
Ivo Teixeira Gico Jr.
Discute-se, no presente artigo, a validade do documento eletrônico como meio hábil de prova, a necessidade de inovação no ordenamento jurídico, bem como o livre convencimento do magistrado. It is discussed in this paper, the validity of the electronic document as valid evidence, analyzing, among other things, the issue of the necessity of a physical media for the document and the judge's liberty to decide.
O Arquivo Eletrônico Como Meio De Prova, Ivo T. Gico
O Arquivo Eletrônico Como Meio De Prova, Ivo T. Gico
Ivo Teixeira Gico Jr.
Discute-se, no presente artigo, a validade do documento eletrônico como meio hábil de prova, analisando-se, entre outros elementos, a questão do suporte físico para o documento, bem como o livre convencimento do magistrado.
It is discussed in this paper, the validity of the electronic document as valid evidence, analyzing, among other things, the issue of the necessity of a physical media for the document and the judge's liberty to decide.