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Articles 31 - 57 of 57
Full-Text Articles in Science and Technology Law
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
UIC John Marshall Journal of Information Technology & Privacy Law
Colleges and universities are prime targets for cyberattacks. Authors Gregory L. Demers, Seth C. Harrington, Mark A. Cianci, and Nicholas R. Green explore emerging data security risks and litigation trends on college campuses, and offer ways to manage these risks through a comprehensive insurance plan. Given the increasing variety and complexity of plans available, it is incumbent upon universities to regularly reassess the coverage afforded by their existing policies.
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …
Reshaping Ability Grouping Through Big Data, Yoni H. Carmel, Tammy H. Ben-Shahar
Reshaping Ability Grouping Through Big Data, Yoni H. Carmel, Tammy H. Ben-Shahar
Vanderbilt Journal of Entertainment & Technology Law
This Article examines whether incorporating data mining technologies in education can promote equality. Following many other spheres in life, big data technologies that include creating, collecting, and analyzing vast amounts of data about individuals are increasingly being used in schools. This process has already elicited widespread interest among scholars, parents, and the public at large. However, this attention has largely focused on aspects of student privacy and data protection and has overlooked the profound effects data mining may have on educational equality. This Article analyzes the effects of data mining on education equality by focusing on one educational practice--ability grouping--that …
The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan
The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan
SMU Science and Technology Law Review
Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold …
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
Canadian Journal of Law and Technology
No abstract provided.
The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias
The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias
Canadian Journal of Law and Technology
The article considers the applicability of existing international rules on the use of force to cyber attacks and assesses their effectiveness. The author’s conclusion is that the current regime on the use of force fails to capture the particularities of cyber attacks and for this reason he makes some tentative proposals for enhancing security in this area.
Cyber Operations And The Humanization Of International Humanitarian Law: Problems And Prospects, Giacomo Biggio
Cyber Operations And The Humanization Of International Humanitarian Law: Problems And Prospects, Giacomo Biggio
Canadian Journal of Law and Technology
The aim of International Humanitarian Law (‘‘IHL”) is to regulate the conduct of hostilities while, at the same time, balancing the two overarching concepts of military necessity and humanity. While the principle of military necessity allows a party to a conflict to exercise any amount of armed violence which is necessary for the accomplishment of a military purpose, the principle of humanity aims at minimizing the amount of physical violence caused to combatants and the civilian population. From the late 19th century onwards the principle of humanity has progressively eroded the domain of military necessity, influencing the creation and interpretation …
Do They Want To Regulate Online Profiling?, Laura Garcia Vargas
Do They Want To Regulate Online Profiling?, Laura Garcia Vargas
Canadian Journal of Law and Technology
Online profiling or behavioural tracking is the process by which private companies track and gather data about users’ activities in online platforms. The data collected by all the companies is aggregated with the purpose of creating a comprehensive profile about users. Since at least 15 years ago, there have been several attempts to regulate online profiling in order to reduce its privacy implications. In general, these regulations have tried to limit the way the information is used, the type of data that is collected, and impose or suggest the security standards that the companies should take to protect it.
This …
The Dark Web: Some Thoughts For An Educated Debate, Vanessa Henri
The Dark Web: Some Thoughts For An Educated Debate, Vanessa Henri
Canadian Journal of Law and Technology
The ‘‘dark web” is a part of cyberspace that is only accessible through an anonymity software, such as The Onion Router. This encrypted network has prompted important legal challenges. As jurisprudence develops, many factors are at risk of inhibiting users’ right to privacy. Misunderstandings of the dark web’s functioning or myths regarding its veil of anonymity has justified invasive criminal investigations that has threatened users’ right to remain anonymous online. This article discusses these challenges while analyzing current legal developments in the United States and Canada.
Third-Party Services As Potential Sources For Law Enforcement Procurement Of Genomic Data, Katherine Kwong
Third-Party Services As Potential Sources For Law Enforcement Procurement Of Genomic Data, Katherine Kwong
Canadian Journal of Law and Technology
This paper examines two cases studies: Ancestry.com’s experience with law enforcement use of its genetic databases, and 23andMe’s responses to requests for users’ genomic data. Analyzing the responses to law enforcement requests by the two of the largest providers of third-party genomic services provides insight into the struggles third-party genomic services are likely to face and possible future directions for companies facing this type of law enforcement request.
Do Androids Dream Of Bad News?, Heidi Liu
Do Androids Dream Of Bad News?, Heidi Liu
Canadian Journal of Law and Technology
Breaking bad news is one of the toughest things to do in any field dealing with client care. As automation and technology increasingly interweave with human experience, there is growing concern about whether automated agents (‘‘AAs”) would be adequate to perform such a complex emotional act. In this paper, I draw from the literature in psychology and computer science to understand how individuals might react to automated agents (AAs) and address some of the strengths and limitations of AAs. I raise several legal and empirical issues that future designers and users of AAs must consider, including disclosure of and liability …
Can You Hear Me Now? Conceptions Of Privacy In Section 8, Chris Sewrattan
Can You Hear Me Now? Conceptions Of Privacy In Section 8, Chris Sewrattan
Canadian Journal of Law and Technology
This article will examine the different conceptions of privacy that are present in the jurisprudence of s. 8 of the Canadian Charter of Rights and Freedoms. Section 8 guarantees that everyone has the right against unreasonable search and seizure. As a constitutional right, the protection covers the privacy relationship between the state and the individual. It confers privacy over information for which there exists a reasonable expectation of privacy. The article will analyze a taxonomy of four privacy conceptions present in the literature and discuss their presence in s. 8 case law. It will then examine two criticisms that arise …
A Critical Assessment On The Extraterritorial Application Of Human Rights Treaties To Transnational Cyber Surveillance, Wanshu Cong
Canadian Journal of Law and Technology
In this essay, I question the appropriateness of applying the substantive requirements of lawful domestic surveillance developed from international human rights treaties and relevant case law to transnational cyber surveillance. And I argue in the negative. Therefore, for the purpose of this essay, I would not delve into the highly debatable issue of what counts as ‘‘control” in cyber surveillance and which standard of control triggers a state’s jurisdiction. Instead, this essay assumes that a control test was established. In the following section, I shall examine the substantive requirements for states restricting fundamental freedoms drawn on from current human rights …
A Whole New Meaning To Having Our Head In The Clouds: Voice Recognition Technology, The Transmission Of Our Oral Communications To The Cloud And The Ability Of Canadian Law To Protect Us From The Dangers It Presents, Sarit K. Mizrahi
Canadian Journal of Law and Technology
Voice recognition technology is now included in modern devices as a matter of course, being used in anything from our cellular telephones, to our televisions, and even the toys of our children. While we may voluntarily interact with some of our devices using this technology, such as conversing with Siri on our iPhones, many of us remain unaware as to the dangerous implications of using voice recognition technology.
Its ability to record some of our most personal conversations allows private companies to eavesdrop on us in an unprecedented manner and amass highly sensitive information about our lives that would have …
The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy
The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy
SMU Science and Technology Law Review
No abstract provided.
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
SMU Science and Technology Law Review
Current Issue
Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection
Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even …
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England
SMU Science and Technology Law Review
No abstract provided.
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn
SMU Science and Technology Law Review
No abstract provided.
You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol
You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol
SMU Science and Technology Law Review
No abstract provided.
A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn
A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn
SMU Science and Technology Law Review
No abstract provided.
Has The Era Of Privacy Come To An End?, Avner Levin
Has The Era Of Privacy Come To An End?, Avner Levin
Canadian Journal of Law and Technology
This keynote address to the 2016 McGill Law Graduate Conference provides a brief history of privacy before discussing contemporary challenges in the form of increasing technological ability to create, store and process personal information, and powerful advocacy against privacy from both government and the private sector. In order for privacy to survive, a new set of personal information protection principles is required and new ways of enforcing these principles must be developed, which will leverage the power of technology to develop hybrid regulatory/ technological solutions, such as Google’s content removal tool.
The Lawful Access Fallacy: Voluntary Warrantless Disclosures, Customer Privacy, And Government Requests For Subscriber Information, Matthew P. Ponsford
The Lawful Access Fallacy: Voluntary Warrantless Disclosures, Customer Privacy, And Government Requests For Subscriber Information, Matthew P. Ponsford
Canadian Journal of Law and Technology
This paper explores the recent legal, political, privacy, and communications developments surrounding warrantless government requests for basic subscriber information. I assert the current practice remains marred in secrecy and therefore poses a significant threat to Canadian civil liberties and privacy rights.
Privacy And Insurance In Canada, England, And France - How Does The Responsible Insurer Put Guidelines And Procedures In Place For Retaining And Destroying Personal Information, Christopher Whitehead
Privacy And Insurance In Canada, England, And France - How Does The Responsible Insurer Put Guidelines And Procedures In Place For Retaining And Destroying Personal Information, Christopher Whitehead
Canadian Journal of Law and Technology
In this article, I will be discussing records containing personal data or information, and how ‘‘guidelines and procedures” are ‘‘put . . . in place for retaining and destroying [such] information” by private-sector insurers carrying on business in Canada, England, and France. Where I discuss Canada, I use the examples of the law of Ontario — which belongs to the English legal tradition —and of Quebec — whose private law belongs to the French legal tradition. As it happens, these are the two traditions with which I have the most experience relating to personal information.
Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), Tyler Barbacovi
Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), Tyler Barbacovi
UIC Review of Intellectual Property Law
The prevalence of ad blocking software (software that prevents the loading of web based advertisements) is a growing problem for website owners and content creators who rely on advertising revenue to earn money. While the number of ad block users continues to increase, there has thus far been no significant legal challenge to ad blocking in the United States. This comment examines how a website owner, through a combination of technological improvements and the anti-circumvention provisions of the Digital Millennium Copyright Act, could successfully raise a legal challenge against the purveyors of ad blocking software.
Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja
UIC Review of Intellectual Property Law
This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled by contract …