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Articles 31 - 60 of 601
Full-Text Articles in Internet Law
Symmetry And (Network) Neutrality, Tejas N. Narechania
Symmetry And (Network) Neutrality, Tejas N. Narechania
Michigan Law Review Online
In this short Essay, I take the opportunity to highlight one further potential asymmetry that may yet emerge from the Supreme Court’s application of Chevron’s many doctrines. Drawing on then-Judge Kavanaugh’s disdissental from the D.C. Circuit’s decision affirming network neutrality rules, I suggest that there is at least one vote on the Supreme Court—and perhaps more—for an asymmetric approach to the major questions doctrine. Moreover, I demonstrate how asymmetry in this context is deeply irrational. As applied to network neutrality, the asymmetry has at least one of two effects. One, it might simply favor one large industry over another, …
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Dickinson Law Review (2017-Present)
In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …
The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski
The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski
Pace Intellectual Property, Sports & Entertainment Law Forum
Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."
Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.
Part III of this article will focus …
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
St. John's Law Review
(Excerpt)
In early July 2017, Michelle Levine booked her first and only appointment with gynecologist Dr. Joon Song for an annual exam. Ms. Levine had a dissatisfying experience with the office. She claims that Dr. Song’s office did not follow up with her for almost a month, and that when she called to ask about the results of a blood test, Dr. Song’s staff falsely informed her that she tested positive for herpes. To top it off, Ms. Levine alleges that the office overcharged her. Following this experience, Ms. Levine did what many others do when dissatisfied with a product …
Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula
Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula
Duke Law & Technology Review
No abstract provided.
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron
Michigan Law Review
Review of Nick Drnaso's Sabrina.
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Duke Law & Technology Review
No abstract provided.
Iran, Diane M. Zorri
Iran, Diane M. Zorri
Publications
Internet access in Iran is characterized by strong censorship, limited access, surveillance, and widespread state-sanctioned propaganda. The regime in Tehran views internet freedom as a critical threat to its national security (Henry, Pettyjohn, and York 2014). Using an index of variables such as obstacles to access, limits on content, and violations of user rights, the nongovernmental organization Freedom House rates Iran’s internet access as “not free” (Freedom House 2018). On a scale of zero to one hundred, where zero is “free” and one hundred is “not free,” Freedom House scores Iran at an eighty-five, making it the least free nation …
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
Touro Law Review
No abstract provided.
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
Seattle University Law Review
As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Danielle K. Citron, Mary Anne Franks
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Danielle K. Citron, Mary Anne Franks
Faculty Scholarship
A robust public debate is currently underway about the responsibility of online platforms. We have long called for this discussion, but only recently has it been seriously taken up by legislators and the public. The debate begins with a basic question: should platforms should be responsible for user-generated content? If so, under what circumstances? What exactly would such responsibility look like? Under consideration is Section 230 of the Communications Decency Act—a provision originally designed to encourage tech companies to clean up “offensive” online content. The public discourse around Section 230, however, is riddled with misconceptions. As an initial matter, many …
Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick
Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick
Timothy Zick
No abstract provided.
The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann
The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann
Laura A. Heymann
No abstract provided.
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
Duke Law & Technology Review
No abstract provided.
Revisiting Barlow's Misplaced Optimism, Benjamin Edelman
Revisiting Barlow's Misplaced Optimism, Benjamin Edelman
Duke Law & Technology Review
No abstract provided.
Is The Internet Over?! (Again?), James Boyle
Is The Internet Over?! (Again?), James Boyle
Duke Law & Technology Review
No abstract provided.
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
Duke Law & Technology Review
No abstract provided.
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Inventing The Future: Barlow And Beyond, Cindy Cohn
Inventing The Future: Barlow And Beyond, Cindy Cohn
Duke Law & Technology Review
No abstract provided.
Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen
Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow
The Past And Future Of The Internet: A Symposium For John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Barlow's Legacy, Cory Doctorow
John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain
John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain
Duke Law & Technology Review
No abstract provided.
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
Duke Law & Technology Review
No abstract provided.
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Journal of the National Association of Administrative Law Judiciary
This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces …
Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom
Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom
St. John's Law Review
(Excerpt)
This Note argues that current law is inadequate to protect consumers in light of the prevalence and severity of data breaches in recent years, and that a unifying federal legislation combining portions of state law and the DSBNA should be enacted. Part I of this Note analyzes the DSBNA for notification requirements when data breaches occur, the requirements for the implementation of security policies, regulatory mechanisms for monitoring compliance with these requirements, and criminal penalties for failing to comply. Part II summarizes the various state laws that exist for notification of data breaches. Part III proposes a model federal …
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Seattle University Law Review
The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …