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- Internet (11)
- Copyright infringement (4)
- Data (4)
- Privacy (4)
- A&M Records Inc. v. Napster Inc. (3)
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- Internet law (3)
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Articles 1 - 27 of 27
Full-Text Articles in Internet Law
Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger
Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger
Kentucky Law Journal
No abstract provided.
Against Data Exceptionalism, Andrew Keane Woods
Against Data Exceptionalism, Andrew Keane Woods
Law Faculty Scholarly Articles
One of the great regulatory challenges of the Internet era—indeed, one of today's most pressing privacy questions—is how to define the limits of government access to personal data stored in the cloud. This is particularly true today because the cloud has gone global, raising a number of questions about the proper reach of one state's authority over cloud-based data. The prevailing response to these questions by scholars, practitioners, and major Internet companies like Google and Facebook has been to argue that data is different. Data is “unterritorial,” they argue, and therefore incompatible with existing territorial notions of jurisdiction. This Article …
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Law Faculty Scholarly Articles
The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …
From Silicon Valley To The Kitchen Table: Innovative Online Agriculture & Food Start-Ups And The Law, Matthew A. Forcum
From Silicon Valley To The Kitchen Table: Innovative Online Agriculture & Food Start-Ups And The Law, Matthew A. Forcum
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry
Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry
Kentucky Law Journal
In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …
The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton
The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton
Kentucky Law Journal
In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyber law community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital "right to be forgotten." The search results in question related to a mortgage sale of property in a …
You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens
You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students’ online expression potentially violates campus conduct standards. This article provides a review of legal standards relevant to students’ online speech, including an examination of cases arising in an online context.
You Can Have It, But Can You Hold It?: Treating Domain Names As Tangible Property, Daniel Hancock
You Can Have It, But Can You Hold It?: Treating Domain Names As Tangible Property, Daniel Hancock
Kentucky Law Journal
No abstract provided.
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford
Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford
Kentucky Law Journal
No abstract provided.
Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger
Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger
Law Faculty Scholarly Articles
This Article provides a timely examination of the European Union's approach to information privacy on the internet, an approach that some legal scholars have held up as a model for law reform in the United States. Building on the author's recent piece discussing the U.S. approach to internet privacy, this Article applies to the EU's internet privacy regime a theoretical framework constructed from the writings of philosopher and social theorist Alasdair MacIntyre on the failures of Enlightenment and post-Enlightenment thought. The EU internet privacy regime is shown to reflect and reinforce three key elements of the "post-Enlightenment paradigm," i.e., the …
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, Mark F. Kightlinger
Law Faculty Scholarly Articles
The steady stream of news reports about violations of privacy on the Internet has spawned a growing body of literature discussing the legal protections available for personally identifiable information—i.e., information about identified or identifiable persons—collected via the Internet. This Article takes the discussion of Internet privacy protection in a new and very different direction by reexamining the U.S. Internet privacy regime from the perspective of a broader cultural/historical analysis and critique. The perspective adopted is that of Alasdair MacIntyre's account of the disarray in Enlightenment and post-Enlightenment discourse about morality and human nature and the accompanying disappearance of rational justifications …
Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts
Kentucky Law Journal
No abstract provided.
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Law Faculty Scholarly Articles
In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …
International Law And Regulation Of The Internet, Anthony D'Amato
International Law And Regulation Of The Internet, Anthony D'Amato
Kentucky Law Journal
No abstract provided.
From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg
From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
Pushing The Limits Of Copyright Law And Upping The Ante In The Digital World: The Strange Case Of A&M Records, Inc. V. Napster, Inc., Shawn D. Chapman
Pushing The Limits Of Copyright Law And Upping The Ante In The Digital World: The Strange Case Of A&M Records, Inc. V. Napster, Inc., Shawn D. Chapman
Kentucky Law Journal
No abstract provided.
Who Said Nothing In This World Is Free? A&M Records, Inc. V. Napster, Inc.: Problems Presented, Solutions Explored, And Answers Posed, Ryan C. Edwards
Who Said Nothing In This World Is Free? A&M Records, Inc. V. Napster, Inc.: Problems Presented, Solutions Explored, And Answers Posed, Ryan C. Edwards
Kentucky Law Journal
No abstract provided.
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Law Faculty Scholarly Articles
The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …
The Internet And Public International Law, John M. Rogers
The Internet And Public International Law, John M. Rogers
Kentucky Law Journal
No abstract provided.
Cyber-Nations, Ruth Wedgwood
The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.
The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.
Kentucky Law Journal
No abstract provided.
Law On A Boundless Frontier: The Internet And International Law, Heather Mcgregor
Law On A Boundless Frontier: The Internet And International Law, Heather Mcgregor
Kentucky Law Journal
No abstract provided.
Online Service Provider Copyright Liability: Is The Digital Millennium Copyright Act The Answer?, Justin Williamson
Online Service Provider Copyright Liability: Is The Digital Millennium Copyright Act The Answer?, Justin Williamson
Kentucky Law Journal
No abstract provided.
The Internet And Public International Law, John M. Rogers
The Internet And Public International Law, John M. Rogers
Law Faculty Scholarly Articles
It is perhaps commonplace to observe that recent developments in information technology are revolutionizing most aspects of our lives. Anything that affects our lives so profoundly will, of necessity, have a significant effect on the law. We can expect that the information revolution will have a comparably significant impact on the international system of binding obligations often called public international law. Just what that will be is of course extremely difficult to predict. Compounding that difficulty is the lack of consensus on just what actually amounts to the public international legal system. Scholars and lawyers still debate fundamental questions regarding …
Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman
Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman
Law Faculty Scholarly Articles
This Article discusses the potential use of electronic cash for money laundering and possible government responses to the problem. Parts I and II provide an overview of electronic cash. Part III explores the effects that electronic cash can have on money laundering. Part IV explains through a series of hypotheticals how "cyberlaundering" can occur. Part V analyzes the federal government's response to the threat of money laundering with electronic cash. Part VI concludes the Article with suggestions.
Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille
Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille
Kentucky Law Journal
No abstract provided.
Regulation Of The Internet: The Application Of Established Constitutional Law To Dangerous Electronic Communication, Adam R. Kegley
Regulation Of The Internet: The Application Of Established Constitutional Law To Dangerous Electronic Communication, Adam R. Kegley
Kentucky Law Journal
No abstract provided.