Internet Law Commons^™

Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson

Ariana R. Levinson

We can see in 2001 that 77 percent of employers were engaged in monitoring. This may have increased slightly or decreased slightly, but whatever has happened, we know that this is a significant amount of employers--much greater than a majority--that are engaging in monitoring of their employees. We can also see the great rise in monitoring of computers and electronic files in a ten-year period between 1997 and 2007. Finally, we can see some of the newer technologies. In 2007, twelve percent of the reporting employers were monitoring the blogosphere, eight percent were monitoring GPS vehicle tracking, and ten percent …

Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross

John Cross

This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?

Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross

John Cross

Today a lot of private businesses have adopted the practice of driver's license swiping where proof of age or security issues arise. This practice has beneficial uses for both private entities, in identifying underage persons and those with fake identification, and law enforcement. However, the problem arise when the private sector, businesses are not using the information to merely identify underage customers or those with fake identification but store the information encoded on the barcode in a computer database. No federal laws and very few state laws regulate the collection and use of this information while the private sector is …

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin

David E. Sorkin

No abstract provided.

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Mary Margaret Meg Penrose

Meg Penrose

No abstract provided.

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

Brian Larson

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano

Tracy Mitrano

Chapter Four: Information Security, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter One: Free Speech, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter Two: Privacy, Tracy Mitrano

Tracy Mitrano

Chapter Three: Intellectual Property, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Conclusion, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Robert Bartlett

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …

Rats, Traps, And Trade Secrets, Elizabeth A. Rowe

Elizabeth A Rowe

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores …

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Margaret Hu

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

New Kids On The Blockchain: How Bitcoin's Technology Could Reinvent The Stock Market, Larissa Lee

Larissa Lee

Bitcoin is the first and most successful digital currency in the world. It is polarized in the news almost daily, with either glowing reviews of the many benefits of an alternative and international currency, or doomsday predictions of anarchy, deflation, and another tulip bubble.This Article focuses on the truly innovative aspect of Bitcoin—and that which has gone mostly unnoticed since its inception—the technological platform used to transfer Bitcoin from one party to another. This technology is called the Blockchain. The Blockchain eschews a bank or other middleman and allows parties to transfer funds directly to one another, using a peer-to-peer …

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Stephen E Henderson

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 …

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

Alberto Bernabe

No abstract provided.

Future Strategies For Improving Consent In Electronic Contracting, Ran Bi

Ran Bi

China's economy has been running deep into an exciting phrase called “Internet +”. In North America, most businesses have online presence and conduct numerous transactions online. Unprecedentedly, electronic contracts have been governing more Individuals and corporations’ legal relationships in a growing proportion of businesses and everyday life.

E-contracts, usually with no physical architecture, are easy to “sign”—people just click one or two icons on a computer / smartphone screen after “reading” (scroll down) the contents. However, e-contracts are standard form contracts which are provided by vendors . Users are easy to become victims of exploitative terms, because their consent has …

Future Strategies For Improving Consent In Electronic Contracting, Ran Bi

Ran Bi

China's economy has been running deep into an exciting phrase called “Internet +”. In North America, most businesses have online presence and conduct numerous transactions online. Unprecedentedly, electronic contracts have been governing more Individuals and corporations’ legal relationships in a growing proportion of businesses and everyday life.

E-contracts, usually with no physical architecture, are easy to “sign”—people just click one or two icons on a computer / smartphone screen after “reading” (scroll down) the contents. However, e-contracts are standard form contracts which are provided by vendors1. Users2 are easy to become victims of exploitative terms, because their consent has been …

"Globalization And Legal Culture. The Influence Of Law & Economics’ Blogs In Developing Countries,", Críspulo Marmolejo

Críspulo Marmolejo

This paper considers the relationship between blogs and Law and Economics from two perspectives: some aspects of the law and economics approach to blogging, and the influence of blogs in the diffusion of Law and Economics. The article explores how blogs are a modern way of low cost domestic journalism, in a context in which the increasingsize of the blogosphere is a current challenge in terms of free speech and quality of the information. At the same time, blogs such as “The Volokh Conspiracy” are playing an interesting role in the American legal academia as areal instrument to analyze the …

E-Commerce, Cyber, And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman

Lawrence J. Trautman Sr.

By now, almost without exception, every business has an internet presence, and is likely engaged in e-commerce. What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What potential risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise? This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials …

On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock

William B.T. Mock

The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …

The Shaky Ground Of The Right To Be Delisted, Miquel Peguera

Miquel Peguera

It has long been discussed whether individuals should have a “right to be forgotten” online to suppress old information that could seriously interfere with their privacy and data protection rights. In the landmark case of Google Spain v AEPD, the Court of Justice of the European Union addressed the particular question of whether, under EU Data Protection Law, individuals have a right to have links delisted from the list of search results, in searches made on the basis of their name. It found that they do have this right – which can be best described as a “right to be …

The Privacy Dilemma In Digital Arrestee Mug Shots Under The Foia 7(C) And State And Local Policy Recommendations, Ahad Syed

Ahad Syed

This Article examines the purpose and interpretation by courts of Freedom of Information Act’s 7(C) Exemption. Specifically, the Article sets out to unravel the current federal circuit court split over Exemption 7(C) by examining its application to the digital privacy dilemma as applied to arrestee photographs, commonly known as “mug shots.” Automated data-scraping programs continuously scour the internet, reaping, replicating, and reposting photographs of arrestees who may or may not have had charges dismissed in order to shame them into paying website owners for removal. While other commentators have argued for state law penalizing pay-to-remove mug shot websites only, this …

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii

David E. Sorkin

Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez

David E. Sorkin

No abstract provided.