Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (15)
- Internet Law (8)
- Science and Technology Law (6)
- Constitutional Law (4)
- Social and Behavioral Sciences (4)
-
- Computer Sciences (3)
- Physical Sciences and Mathematics (3)
- Antitrust and Trade Regulation (2)
- Computer Engineering (2)
- Engineering (2)
- Information Security (2)
- Intellectual Property Law (2)
- Privacy Law (2)
- Science and Technology Studies (2)
- Torts (2)
- Administrative Law (1)
- Agency (1)
- Asian Studies (1)
- Communication (1)
- Communication Technology and New Media (1)
- Computer and Systems Architecture (1)
- Criminal Law (1)
- Data Storage Systems (1)
- Digital Communications and Networking (1)
- Electrical and Computer Engineering (1)
- International Law (1)
- International and Area Studies (1)
- Juvenile Law (1)
- Institution
-
- University of Georgia School of Law (5)
- Selected Works (3)
- DePaul University (1)
- Northwestern Pritzker School of Law (1)
- Nova Southeastern University (1)
-
- Pace University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- SelectedWorks (1)
- Texas A&M University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of New Hampshire (1)
- University of San Diego (1)
- Publication Year
- Publication
-
- Popular Media (3)
- Tracy Mitrano (3)
- Faculty Scholarship (2)
- Scholarly Works (2)
- All Faculty Scholarship (1)
-
- DePaul Journal of Art, Technology & Intellectual Property Law (1)
- Dickinson Law Review (2017-Present) (1)
- Jesse D Lively (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Northwestern University Law Review (1)
- Pace Law Review (1)
- Publications (1)
- San Diego Law Review (1)
- The University of New Hampshire Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Publication Type
- File Type
Articles 1 - 21 of 21
Full-Text Articles in Computer Law
Texas’ War On Social Media: Censorship Or False Flag, Leni Morales
Texas’ War On Social Media: Censorship Or False Flag, Leni Morales
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Content Moderation As Surveillance, Hannah Bloch-Wehba
Content Moderation As Surveillance, Hannah Bloch-Wehba
Faculty Scholarship
Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
Speech, Innovation, And Competition, Greg Day
Speech, Innovation, And Competition, Greg Day
Scholarly Works
Critics contend that concentrated power in digital markets has generated threats to free speech. For a variety of reasons, market power is naturally thought to concentrate in digital markets. The consequence is that “big tech” is said to face little competition; Facebook controls 72 percent of the social media market while the parent of YouTube (72 percent of the video market) is Google (92 percent of the search market). This landscape has potentially vested private companies with unprecedented power over the flow of information. If Facebook, for example, decides to ban certain types of speech or ideas, it would potentially …
Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki
Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki
Pace Law Review
In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rules. In today’s information environment, social media platforms have become a platform press by providing hosting as well as navigation and delivery of public expression, much of which is done through machine learning algorithms. This article argues that there is a subset of algorithms that social media platforms use to filter public …
Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick
Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick
Scholarly Works
In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression—particularly the entangled concepts …
How Supreme A Court?, Thomas E. Kadri
How Supreme A Court?, Thomas E. Kadri
Popular Media
Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?
How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri
How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri
Popular Media
The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.
Speech V. Speakers, Thomas E. Kadri
Speech V. Speakers, Thomas E. Kadri
Popular Media
Twitter's new rules about extremist speech blur the lines between people and words.
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Publications
Moderator: Professor Gregory Silverman.
Book discussed: Ronald L. Collins & David M. Skover, Robotica: Speech Rights and Artificial Intelligence (Cambridge Univ. Press 2018).
Introduction, Tracy Mitrano
Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano
Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano
Tracy Mitrano
Chapter One: Free Speech, Tracy Mitrano
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Northwestern University Law Review
Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …
Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively
Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively
Jesse D Lively
This Comment argues that the Supreme Court of Virginia should first reverse the Virginia Court of Appeal’s decision when it hears the Yelp case later this year. Secondly, the court hold that the Virginia statute for identifying persons communicating anonymously over the Internet violates the First Amendment's required showing of merit on both law and facts before a subpoena duces tecum to identify an anonymous speaker can be enforced. Lastly, it should adopt a new “unveiling standard” similar to the standards used in either Dendrite or Cahill. Part II examines the jurisprudential history of identifying anonymous Internet speakers in defamation …
Net Neutrality: Preparing For The Future, Jennifer Wong
Net Neutrality: Preparing For The Future, Jennifer Wong
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio
Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio
Faculty Scholarship
No abstract provided.
Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker
Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker
The University of New Hampshire Law Review
[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.
Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …
Hate In Cyberspace: Regulating Hate Speech On The Internet, Alexander Tsesis
Hate In Cyberspace: Regulating Hate Speech On The Internet, Alexander Tsesis
San Diego Law Review
The speed at which information can be spread throughout the United States and other countries has been greatly enhanced by the Internet. This computer-driven, technological medium consists of various modes of transmission, including discussion groups, interactive pages, and mail services. A wide variety of pictorial, auditory, and written information is available on the Internet. Persons with disparate goals can access and affect large audiences through it. Both those seeking social improvement and those promoting racist violence can now increase the magnitude, diversity, and location of their audiences. Persons advancing
democratic ideals and those inclined to exclusionary elitism can use e- …
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
All Faculty Scholarship
This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.
What Is Computer Crime, And Why Should We Care, Michael C. Gemignami
What Is Computer Crime, And Why Should We Care, Michael C. Gemignami
University of Arkansas at Little Rock Law Review
No abstract provided.