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Full-Text Articles in Internet Law

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn Jun 2018

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn

Science and Technology Law Review

No abstract provided.


Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick Jun 2018

Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick

Science and Technology Law Review

No abstract provided.


Front Matter Jun 2018

Front Matter

Science and Technology Law Review

No abstract provided.


Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman Jun 2018

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact ...


Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle Jun 2018

Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle

Brooklyn Law Review

Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the ...


The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay May 2018

The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay

Boston College Law Review

The distribution of revenge porn is a cyber-bullying phenomenon that has proliferated on the Internet. The nonconsensual sharing of sexually explicit photographs and videos causes irreparable harm to revenge porn victims. The current state of the law, however, does little to redress the damage. Tort claims are often unsuccessful because many victims do not have the resources necessary to initiate a lawsuit. Furthermore, federal law grants operators of revenge porn websites immunity from state tort claims. In an effort to fill this gap in the law, many states have made changes or additions to their criminal statutes. To date, thirty-eight ...


Digital Expungement, Eldar Haber May 2018

Digital Expungement, Eldar Haber

Maryland Law Review

No abstract provided.


Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks May 2018

Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks

Texas A&M Law Review

In a world full of new technology, the risk of fraud is constantly increasing. In the securities industry, this risk existed long before the use of technology. Congress enacted the Securities Act of 1933 to combat the risk of fraud and misrepresentation in the sale of securities. By requiring full disclosure, investors have the opportunity to make informed decisions prior to investing. However, Distributed Autonomous Organizations (“DAOs”), through the use of blockchains and smart-contracts, engage in the sale of securities without fully disclosing the risks or complying with the registration requirements of the Securities Act of 1933. Compliance with the ...


The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders May 2018

The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders

Utah Law Review

In a sense, war has not changed. The end results will always remain the same: death and destruction; even if that destruction is not fully tangible. The results may be instantaneous, or they may be delayed. It is only the means implemented to achieve these destructive ends that evolve. Cyberwarfare is a product of that evolution. Most importantly, we must always remain abreast of evolution and the changes in warfare in order to effectively and efficiently respond to new attacks, and to prevent them as well.

This Note sheds light on recent evolution in warfare. It enlightens the reader of ...


The Face-Off Between Data Privacy And Discovery: Why U.S. Courts Should Respect Eu Data Privacy Law When Considering The Production Of Protected Information, Samantha Cutler Apr 2018

The Face-Off Between Data Privacy And Discovery: Why U.S. Courts Should Respect Eu Data Privacy Law When Considering The Production Of Protected Information, Samantha Cutler

Boston College Law Review

When foreign parties involved in U.S. litigation are ordered to produce information that is protected by EU data privacy law, they are caught in an unfortunate “Catch-22.” Historically, U.S. courts have pointed to the unlikelihood of sanctions for data privacy law violations to justify these orders. EU data privacy law, however, has recently undergone several shifts in favor of tougher rules and significantly increased sanctions. Additionally, EU regulators are now more vigilant and active in enforcing these laws. These developments, combined with the benefits of international judicial respect and the intrinsic value of privacy, mean that U.S ...


Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod Apr 2018

Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod

University of Miami Law Review

Cyber breaches continue at an alarming pace with new vulnerability warnings an almost daily occurrence. Discovery of the industrial virus Stuxnet during 2010 introduced a global threat of malware focused toward disruption of industrial control devices. By the year 2020, it is estimated that over 30 billion Internet of Things (IoT) devices will exist. The IoT global market spend is estimated to grow from $591.7 billion in 2014 to $1.3 trillion in 2019 with a compound annual growth rate of 17%. The installed base of IoT endpoints will grow from 9.7 billion in 2014 to more than ...


The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano Apr 2018

The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano

University of Miami Law Review

Today’s world runs on data. The creation and improvement of technological products and services depend on the exchange of data between people and companies. As people’s lives become more digitized, companies can collect, store, and analyze more data, and in turn, create better technology. But, because consumer data can be very sensitive (think Social Security numbers, GPS location, fingerprint recognition, etc.) this cyclical exchange comes with serious privacy risks; especially in light of more frequent and sophisticated cyberattacks. This creates a face-off between technological growth and privacy rights. While it makes sense that people should be willing to ...


The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon Apr 2018

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States ...


The Google Dilemma, James Grimmelmann Apr 2018

The Google Dilemma, James Grimmelmann

James Grimmelmann

No abstract provided.


Pii In Context: Video Privacy And A Factor-Based Test For Assessing Personal Information, Daniel L. Macioce Jr. Mar 2018

Pii In Context: Video Privacy And A Factor-Based Test For Assessing Personal Information, Daniel L. Macioce Jr.

Pepperdine Law Review

As a central concept in American information privacy law, personally identifiable information (PII) plays a critical role in determining whether a privacy violation has occurred. Under the Video Privacy Protection Act of 1988 (VPPA), PII “includes information which identifies a person as having requested or obtained specific video materials or services.” Despite the clarity that these words may have when the Statute was enacted, the line separating PII from non-PII in the context of streaming video is not easily drawn, in part due to the prevalence of behavior tracking technologies and the emergence of “big data” analytics. The First Circuit ...


Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla Mar 2018

Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra Mar 2018

The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra

The Journal of Business, Entrepreneurship & the Law

The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.


These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich Mar 2018

These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich

Duke Law & Technology Review

Privacy law in the United States has not kept pace with the realities of technological development, nor the growing reliance on the Internet of Things (IoT). As of now, the law has not adequately secured the “smart” home from intrusion by the state, and the Supreme Court further eroded digital privacy by conflating the common law concepts of trespass and exclusion in United States v. Jones. This article argues that the Court must correct this misstep by explicitly recognizing the method by which the Founding Fathers sought to “secure” houses and effects under the Fourth Amendment. Namely, the Court must ...


Technological Opacity & Procedural Injustice, Seth Katsuya Endo Mar 2018

Technological Opacity & Procedural Injustice, Seth Katsuya Endo

Boston College Law Review

From Google’s auto-correction of spelling errors to Netflix’s movie suggestions, machine-learning systems are a part of our everyday life. Both private and state actors increasingly employ such systems to make decisions that implicate individuals’ substantive rights, such as with credit scoring, government-benefit eligibility decisions, national security screening, and criminal sentencing. In turn, the rising use of machine-learning systems has led to questioning about whether they are sufficiently accurate, fair, and transparent. This Article builds on that work, focusing on how opaque technologies can subtly erode the due process norm of participation. To illuminate this issue, this Article examines ...


Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger Mar 2018

Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger

Boston College Law Review

A growing number of private lawsuits allege that businesses are violating Title III of the Americans with Disabilities Act because their websites are inaccessible to disabled individuals. Courts remain divided, however, on the extent to which commercial websites are covered under Title III. Additionally, the Department of Justice has not promulgated commercial web accessibility regulations—adding further uncertainty to the private enforcement regime. This Note argues that Title III broadly covers commercial websites, but that private enforcement is not positioned to spur lasting, broad-based Title III compliance. It proposes that large-scale litigation, state attorney general action, and state laws should ...


The Song Remains The Same: What Cyberlaw Might Teach The Next Internet Economy, Kevin Werbach Mar 2018

The Song Remains The Same: What Cyberlaw Might Teach The Next Internet Economy, Kevin Werbach

Florida Law Review

The next stage of the digital economy will involve trillions of networked devices across every industry and sphere of human activity: The Internet of the World. Early manifestations of this evolution through on-demand services such as Uber and Airbnb raise a host of serious legal questions. The stage seems set for a decisive battle between regulation and innovation. Yet this perception is mistaken. In the end, the emerging businesses will welcome government engagement, and regulatory actors will accept creative solutions to achieve their goals. Why expect such a resolution? Because the same story played out twenty years ago, in the ...


Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer Mar 2018

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership ...


Minimum Virtual Contacts: A Framework For Specific Jurisdiction In Cyberspace, Adam R. Kleven Mar 2018

Minimum Virtual Contacts: A Framework For Specific Jurisdiction In Cyberspace, Adam R. Kleven

Michigan Law Review

As the ubiquity and importance of the internet continue to grow, courts will address more cases involving online activity. In doing so, courts will confront the threshold issue of whether a defendant can be subject to specific personal jurisdiction. The Supreme Court, however, has yet to speak to this internet-jurisdiction issue. Current precedent, when strictly applied to the internet, yields fundamentally unfair results when addressing specific jurisdiction. To better achieve the fairness aim of due process, this must change. This Note argues that, in internet tort cases, the “express aiming” requirement should be discarded from the jurisdictional analysis and that ...


Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle Keats Citron Mar 2018

Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle Keats Citron

Notre Dame Law Review

Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, the dominant tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere. These changes are less the result ...


Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy Feb 2018

Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy

Boston College Law Review

Internet of Things (“IoT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates, and calories burned. This Article explores the connection between the types of data generated by the IoT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric ...


Fair Use And Social Media, John Dettinger Feb 2018

Fair Use And Social Media, John Dettinger

Musselman Library Staff Publications

This poster was created in a collaborative effort by Musselman Library’s Copyright Committee as part of a display for Fair Use Week 2018. The poster was intended to get viewers to think about the 4 factors of fair use in the context of two art projects that used social media photos: Yolocaust by Shahak Shapira and New Portraits by Richard Prince. It was also intended to get viewers thinking about the ways their social media content might get used beyond the original intention.


By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson Feb 2018

By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson

Brian Larson

By June of 2017, Facebook had two billion (that’s billion, with a ‘b’) users accessing it per month (Balakrishnan 2017). Facebook believes that each of those consumer end-users is bound by its end-user license agreement (EULA), which Facebook calls a “Statement of Rights and Responsibilities,” available to end-users from a small link in light gray text called “Terms” on every Facebook page. EULAs like this, associated with websites, mobile apps, and consumer goods with embedded software, and styled “terms of service,” “terms of use,” etc., may purport to impose a wide variety of contractual obligations on consumers, for example ...


Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams Feb 2018

Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams

Georgia State University Law Review

Refrigerators can now tweet. Today, almost sixty years after the states widely adopted the Uniform Commercial Code (UCC), the line between goods and services is more blurred than ever. When the UCC was drafted, a good was the simple opposite of a service. A good was something “movable” and tangible, and a service was not. Article 2 of the UCC, which governs sales, limits its scope to goods.

However, because Article 2 was drafted long before the proliferation of so-called “smart goods,” courts continuously struggle to determine when a smart good falls within Article 2’s scope. Courts have developed ...


Tax Compliance In A Decentralizing Economy, Manoj Viswanathan Feb 2018

Tax Compliance In A Decentralizing Economy, Manoj Viswanathan

Georgia State University Law Review

Tax compliance in the United States has long relied on information from centralized intermediaries—the financial institutions,employers, and brokers that help ensure income is reported and taxes are paid. Yet while the IRS remains tied to these centralized entities,consumers and businesses are not. New technologies, such as sharing economy platforms (companies such as Airbnb, Uber, and Instacart)and the blockchain (the platform on which various cryptocurrencies are based) are providing new, decentralized options for exchanging goods and services.

Without legislative and agency intervention, these technologies pose a critical threat to the reporting system underlying domestic and international tax ...


Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner Feb 2018

Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner

Akron Law Review

This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses ...