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Articles 1 - 30 of 77
Full-Text Articles in Internet Law
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
Coca-Cola Curses: Hate Speech In A Post-Colonial Context, Brittan Heller
Coca-Cola Curses: Hate Speech In A Post-Colonial Context, Brittan Heller
Michigan Technology Law Review
Hate speech is a contextual phenomenon. What offends or inflames in one context may differ from what incites violence in a different time, place, and cultural landscape. Theories of hate speech, especially Susan Benesch’s concept of “dangerous speech” (hateful speech that incites violence), have focused on the factors that cut across these paradigms. However, the existing scholarship is narrowly focused on situations of mass violence or societal unrest in America or Europe.
This paper discusses how online hate speech may operate differently in a postcolonial context. While hate speech impacts all societies, the global South—Africa in particular—has been sorely understudied. …
Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman
Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman
Catholic University Journal of Law and Technology
The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.
This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …
§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery
§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery
Catholic University Journal of Law and Technology
Famously imputed into First Amendment jurisprudence by Justice Oliver Wendell Holmes, the Marketplace of Ideas is a foundational paradigm in free speech theory. However, current trends in social discourse suggest the Marketplace has crashed. Conspiracy theories illustrate this crash as a story of unintended consequences and, paradoxically, a consequence of judicial and legislative efforts to prevent it. Acknowledging the popularity and widespread use of the internet and social media, I explore solutions to rejuvenate the Marketplace of Ideas and better align its prominence in First Amendment doctrine with the reality of the current speech landscape.
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine
Catholic University Journal of Law and Technology
No abstract provided.
The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao
Catholic University Journal of Law and Technology
The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.
This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …
À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando
À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando
Catholic University Journal of Law and Technology
Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.
This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …
A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan
A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan
Dickinson Law Review (2017-Present)
Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.
Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …
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.
Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall
Catholic University Journal of Law and Technology
No abstract provided.
Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller
Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller
William & Mary Bill of Rights Journal
On February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.
These recent events have resulted in new and burdensome pressures for schools …
Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content, Heather Wilson
Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content, Heather Wilson
Seattle Journal of Technology, Environmental & Innovation Law
For America’s children, the amount of screen time they consume has not changed much over the years. Children under eight have steadily spent about two hours a day in front of a screen, with those under age two averaging 42 minutes a day. Children from low-income families spend roughly an hour and forty minutes longer in front of a screen. According to the American Academy of Pediatrics, screen time should be limited to two hours a day for children ages two to five; whereas, for those youngest children—under two years—they recommend zero screen time.
While the average amount of screen …
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
SMU Data Science Review
The current legal and economic infrastructure facilitating data collection practices and data analysis has led to extreme over-collection of data and the overall loss of personal privacy. Data over-collection has led to a secondary market for consumer data that is invisible to the consumer and results in a person's data being distributed far beyond their knowledge or control. In this paper, we propose a Data Market framework and design for personal data management and privacy protection in which the individual controls and profits from the dissemination of their data. Our proposed Data Market uses a market-based approach utilizing blockchain distributed …
Do Prostitution Advertisements Reduce Violence Against Women? A Methodological Examination Of Cunningham, Deangelo, And Tripp Findings, Katie Feifer, Jody Raphael, Kezban Yagci Sokat
Do Prostitution Advertisements Reduce Violence Against Women? A Methodological Examination Of Cunningham, Deangelo, And Tripp Findings, Katie Feifer, Jody Raphael, Kezban Yagci Sokat
Dignity: A Journal of Analysis of Exploitation and Violence
A recent study by Cunningham, DeAngelo, and Tripp (unpublished 2017, 2019) found that advertising prostitution online led to a lower rate of homicide of women in the United States. These findings have circulated widely in the mainstream media as proof that advertising prostitution online increases the safety of prostituted women. The study’s findings were used to argue against the 2018 passage of a federal anti-trafficking bill: Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA), known collectively as FOSTA-SESTA. This new law holds websites that knowingly facilitate sex trafficking accountable for …
Legal And Technical Issues For Text And Data Mining In Greece, Maria Kanellopoulou - Botti, Marinos Papadopoulos, Christos Zampakolas, Paraskevi Ganatsiou
Legal And Technical Issues For Text And Data Mining In Greece, Maria Kanellopoulou - Botti, Marinos Papadopoulos, Christos Zampakolas, Paraskevi Ganatsiou
Computer Ethics - Philosophical Enquiry (CEPE) Proceedings
Web harvesting and archiving pertains to the processes of collecting from the web and archiving of works that reside on the Web. Web harvesting and archiving is one of the most attractive applications for libraries which plan ahead for their future operation. When works retrieved from the Web are turned into archived and documented material to be found in a library, the amount of works that can be found in said library can be far greater than the number of works harvested from the Web. The proposed participation in the 2019 CEPE Conference aims at presenting certain issues related to …
Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly
Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale
Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham
Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham
UIC Law Review
For any body of knowledge – an ark of power or a corpus of scholarship – to be studied and used by people, it needs to be accessible to those seeking information. Universities, through their libraries, now aim to make more of the scholarship produced available for free to all through institutional repositories. However, the goal of being truly open for an institutional repository is more than the traditional definition of open access. It also means openness in a more general sense. Creating a scholarship-based online space also needs to take into consideration potential barriers for people with disabilities. This …
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon
Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon
Penn State Journal of Law & International Affairs
No abstract provided.
Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael
Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
Catholic University Journal of Law and Technology
This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.
Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland
Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland
Catholic University Journal of Law and Technology
No abstract provided.
Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits
Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano
Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano
BYU Law Review
No abstract provided.
Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal
Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal
Brigham Young University International Law & Management Review
No abstract provided.
The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant
The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant
e-Research: A Journal of Undergraduate Work
The United States Congress is an institution that, especially in recent times, is continuously faced with more modern and complex problems. The political dilemma surrounding the issue of network neutrality is a perfect example of a highly complex and technical problem that members of Congress have been forced to think about and act on. Because use of the Internet has now been almost entirely integrated into American society, with nearly 80% of the U.S. population connected in one way or another, the Internet's priority as a subject of legislation has seen a meteoric rise in Congress (data.worldbank.org; opencongress.org). In fact, …
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.