Internet Law Commons^™

Assessing The Right To Be Forgotten, Daniel Lyons

Daniel Lyons

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

International Criminal Law Documents Supplement, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Bassiouni

Jimmy Gurule

This Documents Supplement accompanies the casebook International Criminal Law, Fourth Edition(2013). It is the most thorough compilation of documents available for classroom use with respect to international criminal law and related aspects of more general international law and human rights law. It is the first documents supplement to contain the Arab Charter on Human Rights and the Amendment to the Rome Statute of the ICC with respect to the Crime of Aggression.

Internet Casinos: A Sure Bet For Money Laundering, Jon Mills

Jon L. Mills

Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …

Hello Barbie: First They Will Monitor You, Then They Will Discriminate Against You. Perfectly, David S. Olson, Irina D. Manta

David S. Olson

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.

Hate Crimes In Cyberspace, Danielle Citron

Danielle Keats Citron

Most Internet users are familiar with trolling—aggressive, foul-mouthed posts designed to elicit angry responses in a site’s comments. Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible …

Cable Merger Is Bigger Than Cable, Daniel Lyons

Daniel Lyons

No abstract provided.

Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank Pasquale

Frank A. Pasquale

Julie Cohen's Configuring the Networked Self is an extraordinarily insightful book. Cohen not only applies extant theory to law; she also distills it into her own distinctive social theory of the information age. Thus, even relatively short sections of chapters of her book often merit article-length close readings. I here offer a brief for the practical importance of Cohen’s theory, and ways it should influence intellectual property policy and scholarship.

Digital Culture Wars: Sopa And The Fight For Control Of Online Content, Frank Pasquale

Frank A. Pasquale

No abstract provided.

Internet Law: Cases And Problems 4.0, James Grimmelmann

James Grimmelmann

In this casebook author James Grimmelmann provides tightly edited cases, focused questions, and topical problems to direct students' attention to critical issues. Mini-essays provide students with the technical background they need to make sense of computer and Internet technologies. Where doctrine has historical roots, the casebook gives students the necessary context.The book covers essential topics but is still short enough that it can be taught in a 3-credit course. The casebook responds to the "law of the horse" critique by embracing the doctrinal diversity of Internet Law. It prepares students for complex, real-life practice by showing how actual Internet cases …

Network Accountability For The Domestic Intelligence Apparatus, Danielle Citron, Frank Pasquale

Frank A. Pasquale

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security. While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle Citron, David Gray

David C. Gray

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work, we therefore recommend that judges, legislators, and executives focus instead on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

Isp Liability Under U.S. Copyright Law, Joseph Liu

Joseph P. Liu

Internet Pricing: The Next Policy Frontier, Daniel Lyons

Daniel Lyons

In the past few years, broadband providers have begun shifting toward tiered service plans (sometimes known as usage-based pricing) that offer customers a fixed amount of data each month for a fee. On average, less than 2 percent of users exceed the most commonly-used tier of 300 GB; nearly 80 percent of consumers never exceed even 50 GB per month. Nevertheless, some critics such as Public Knowledge and the New America Foundation are concerned that this trend may bring higher prices and reduced service. Most recently, NAF analyst Benjamin Lennett asked whether tiered service plans are a plot by cable …

The Fight For The Future: How People Defeated Hollywood And Saved The Internet—For Now, Edward Lee

Edward Lee

No abstract provided.

Podcast, Usage-Based Pricing In Broadband, Daniel Lyons

Daniel Lyons

No abstract provided.

From Clay Tablets To Ajax: Replicating Writing And Documents In Internet Transactions, Eliza Mik

Eliza Mik

This article addresses the absence of paper and the challenges of transposing the traditional legal concepts of “writing” and “document” into an environment consisting of interactive and interconnected files. Both “writing” and “documents” are concepts that rely on tangible carriers, such as paper. [FN1] Accordingly, legal principles involving either concept presume not only a certain durability, but also the stability and confinement of the information conveyed. What happens when writing is no longer contained on paper? Can writing exist without documents? Is it correct to speak of a “document” if its contents are transient and its scope is difficult to …

Hate Crimes, Cyberbullying & The Rutgers Spy Cam Case, Danielle Citron

Danielle Keats Citron

Interview on Radio Times with Marty Moss-Coane, WYYY Radio.

The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Karolina Mik

Eliza Mik

The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons

Daniel Lyons

No abstract provided.

Podcast: Is Net Neutrality A Virtual Taking?, Daniel Lyons

Daniel Lyons

No abstract provided.

Civil Rights In The Information Age, Danielle Citron

Danielle Keats Citron

[This book focuses] "on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options." (copied from the book's description on the publisher's website)

Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …

Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons

Daniel Lyons

Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend …

Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald

Susan Freiwald

In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …

Digital Discrimination, Danielle Citron

Danielle Keats Citron

Social network sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women and minorities. The attacks include rape threats, privacy invasions, defamation, and technological attacks that silence victims. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Although social and legal norms have dampened offline discrimination, the internet’s Wild West culture and architecture invites bigots to move their hatred to cyberspace. The Internet facilitates anonymity, loosening social norms that constrain noxious behavior. It brings people together …

Saving Journalism From Itself? Hot News, Copyright Fair Use And News Aggregation, Joseph Liu

Joseph P. Liu