Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arrest; Aut Dedere Aut Judicare; Call Center; Caller ID; Con Artist; Concurrent Jurisdiction; Conviction; COVID-19; Cryptocurrency; Customary International Law; Cybercrime; Employment; Extradition; Extraterritoriality; Financial Crime; Fraud; Government Imposter; Immigration; International Covenant on Civil and Political Rights; Internet; INTERPOL; Investment Scam; Jurisdiction; Law Enforcement; Lottery Scam; Mutual Legal Assistance Treaty; Passive Personality Principle; Phone Call; Prosecution; Robocalls; Scam; Scarcity Principle; Sovereignty; Tax Fraud Scam; Technical Support; Technical Support; Scam; Telephone Calls; Territoriality Principle; Utilitarianism; Victim; Voice Over Internet Protocol (1)
- Civil liberties (1)
- Clarifying Lawful Overseas Use of Data Act; CLOUD Act; CLOUD Act agreements; data privacy; data protection; technology; cloud; direct access; data sharing; data protection; lawful data use; production orders; overseas production orders; international production orders; stored communications; SCA; overseas data; privacy; digital privacy; digital privacy rights; European Convention on Human Rights; international cooperation; international law; ECHR; law enforcement; international law enforcement; constitutional law; privacy; Fourth Amendment; Article 8; Article 1; criminal investigation; mutual legal assistance; mutual legal assistance treaties; mla; mlat; third country persons; us uk agreements; service provider; Verdugo-Urquidez; Microsoft Ireland; Al-Skeini; extraterritorial; extraterritoriality; territorial; territoriality; cross-border; law enforcement cooperation; comparative law; transnational law (1)
- Cyber warfare; kinetic warfare; chaos theory; Iran; Aegs; United States; keystroke; Tallinn Manual; Morris worm; autonomous; DDoS attack; Russia; Stuxnet; Kaspersky Red October; hackers; back hacking; Shamoon; National Security Agency; WannaCry; malware; Windows; cybersecurity; ransomware; NotPetya; artificial intellegence; international law; Caroline doctrine; UN Charter; NATO; butterfly effect; Edward Lorenz (1)
- Cybersecurity (1)
-
- Cybersecurity Act (1)
- Data breach; data protection; small businesses; breach notification framework; cybersecurity; MyBizHomepage; cyberattack; Code Spaces; Software as a Service; SaaS; cybercriminals; data security; Great Depression; World War II; Small Business Act of 1953; SBA; Small Business Administration; Privacy Rights Clearinghouse; ChoicePoint; Personally Identifiable Information; PII; consumer credit reporting information; Protected Health Information; PHI; Gramm-Leach-Bliley Act; GLBA; Bank Holding Company Act of 1956; Health Insurance Portability and Accountability Act of 1996; HIPAA; Federal Trade Commission; FTC; Fair Credit Reporting Act; civil penalties; Commonwealth v. Haney; Massachusetts Security Breaches Law; In re Yahoo! Inc. Customer Data Security Breach Litigation; California Customer Records Act; attorney general; Community Bank of Trenton v. Schnuck Markets; In re Target Corp. Customer Data Security Breach Litigation; Personal Data Privacy and Security Act; Personal Data Privacy and Security Act; Department of Homeland Security; National Institute of Standards and Technology (NIST) Small Business Cybersecurity Act; Cybersecurity Enhancement Act of 2014; Small Business Reauthorization Act of 1997; Historically Underutilized Business Zones; HUBZone; European Union; General Data Protection Regulation; GDPR; Privacy by Design; California Consumer Privacy Act; CCPA; liability insurance; burden-shifting (1)
- Deepfake; Artificial Intelligence; Media Manipulation; Convention on Cybercrime; Budapest Convention; Synthetic Media; Data Protection; General Data Protection Regulation; National Defense Authorization Act; Misinformation; Disinformation; Machine Learning; Generative Adversarial Network; International Covenant on Civil and Political Rights; Universal Declaration of Human Rights; First Amendment; Human Rights Law; Intellectual Property Law; International Law; Internet Law; Legislation; National Security Law; Privacy Law (1)
- Governance (1)
- Interactive computer service; Communications Decency Act; terrorism; Anti-Terrorism Act; incitement; liability shield; internet service provider; First Amendment; Brandenburg v. Ohio; social media; Facebook; Google; Twitter; ISIS; terrorist propaganda; home grown terrorist; terrorist attacks (1)
- Internet (1)
- Invisible handshake (1)
- NSA (1)
- National security (1)
- PRISM (1)
- Public-private partnership (1)
- Snowden (1)
- Snowden revelations (1)
- Surveillance (1)
- Technology; cyber-surveillance; warfare; internet; authoritarian governments; authoritarianism; cyber warfare; cyber-surveillance warfare; human rights; non-state actors; International Code of Conduct for Private Security Service Providers; International Code of Conduct Association; ICoC; ICoCA; multinational enterprises; MNEs; mass surveillance; globalization; cyber torts; United Nations Guiding Principles of Business and Human Rights; Private Security Service Providers (1)
- Upstream collection (1)
Articles 1 - 10 of 10
Full-Text Articles in Internet Law
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Brooklyn Journal of International Law
Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Brooklyn Journal of International Law
The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law
Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …
A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova
A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova
Brooklyn Journal of International Law
Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example …
The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan
Brooklyn Journal of International Law
Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Brooklyn Law Review
In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting social media companies …
Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber
Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber
Brooklyn Law Review
No abstract provided.
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …