Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, 2018 American University Washington College of Law
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, 2018 University of Florida
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert
Kentucky Law Journal
No abstract provided.
The Transparency Tax, 2018 Vanderbilt University Law School
The Transparency Tax, Andrew K. Woods
Vanderbilt Law Review
Transparency is critical to good governance, but it also imposes significant governance costs. Beyond a certain point, excess transparency acts as a kind of tax on the legal system. Others have noted the burdens of maximalist transparency policies on both budgets and regulatory efficiency, but they have largely ignored the deeper cost that transparency imposes: it constrains one’s ability to support the law while telling a self-serving story about what that support means. Transparency’s true tax on the law is the loss of expressive ambiguity.
In order to understand this tax, this Article develops a taxonomy of transparency types. Typically, …
Mobile Instant Messaging Evidence In Criminal Trials, 2018 The Catholic University of America, Columbus School of Law
Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi
Catholic University Journal of Law and Technology
Mobile instant messaging, such as text messages, are a pervasive aspect of everyday life. The characteristics of the modern mobile instant messaging application, especially in comparison with other forms of more traditional electronic communication platforms, such as e-mail, text messaging, or computer-based instant messaging program, present a variety of evidentiary issues in trial.
To be relevant, mobile instant messaging evidence must be connected to a genuine issue at trial and not too attenuated from it. Authentication is also very important in determining whether it may be considered a non-hearsay statement. Although often otherwise admissible, mobile instant messaging evidence may still …
Enforcing Constitutional Rights Through Computer Code, 2018 The Catholic University of America, Columbus School of Law
Enforcing Constitutional Rights Through Computer Code, Steve Young
Catholic University Journal of Law and Technology
Lawmaking and enforcement has advanced since Hammurabi first wrote out his legal code thousands of years ago. Today, the American legal system relies on legislatively-enacted federal, state, county, and municipal legal codes, agency-created regulations, the judge-made common law, and various law enforcement entities. This can be a confusing and complex system of rules and their explanations with varying degrees of enforcement. Blockchain technology is an automatic and efficient alternative to written codes that must be humanly-enforced. There has been limited scholarly interest in the implications of a legal application of blockchain technology to a political system but there have been …
Dating Dangerously: Risks Lurking Within Mobile Dating Apps, 2018 Catholic University of America (Student)
Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy
Catholic University Journal of Law and Technology
In modern society, cell phones have become a virtual extension of most Americans. Advances in cell phone technology have given rise to the popularity of mobile dating applications (“apps”), which are capable of allowing users to date and meet potential partners without leaving the comfort of their own homes. The convenience and allure of mobile dating apps has led to a staggering increase in the number of crimes orchestrated against other users of the apps. Such crimes often include solicitation, stalking, murder, and human trafficking. Unsuspecting and trusting users fall victim to these crimes due to the false sense of …
Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, 2018 Syracuse University College of Law
Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie
Catholic University Journal of Law and Technology
In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.
A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in turn makes an …
Smart Baby Monitors: The Modern Nanny Or A Home Invader, 2018 The Catholic University of America, Columbus School of Law
Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat
Catholic University Journal of Law and Technology
Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.
This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in the …
Table Of Contents, 2018 The Catholic University of America, Columbus School of Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Deepfake Videos: When Seeing Isn't Believing, 2018 Arkansas State University - Main Campus
Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall
Catholic University Journal of Law and Technology
Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …
Masthead, 2018 The Catholic University of America, Columbus School of Law
Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, 2018 The Catholic University of America, Columbus School of Law
Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, Andrew Jackson Coley
Catholic University Journal of Law and Technology
9-1-1 call networks form the foundation of emergency communications infrastructure. However, a lack of funding and taking such networks for granted has led to a gradual yet predictable outdating of this critical infrastructure. Fortunately, recent efforts have acknowledged as such, and dedicated public safety officials have worked to update 9-1-1 systems to Next Generation 9-1-1 (NG9-1-1).
NG9-1-1 is an IP-based network with 21stcentury technology capable of handling increased call volume, more resilient networks, and providing significantly more data to first responders, among litany of other advancements. With this much needed advancement comes the responsibilities of ensuring a secure …
Assessing Assisted Reproductive Technology, 2018 The Catholic University of America, Columbus School of Law
Assessing Assisted Reproductive Technology, Raymond C. O'Brien
Catholic University Journal of Law and Technology
Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …
Privacy Of Information And Dna Testing Kits, 2018 Catholic University of America (Student)
Privacy Of Information And Dna Testing Kits, Shanna Raye Mason
Catholic University Journal of Law and Technology
In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …
The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, 2018 The Catholic University of America, Columbus School of Law
The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, Matthew Humerick
Catholic University Journal of Law and Technology
Technological developments spur the development of big data on a global scale. The breadth of data companies collect, maintain, process, and transmit affects nearly every country and organization around the world. Inherent to big data are issues of data protection and transfers to third countries. While many jurisdictions emphasize the importance of protecting consumer data, such as the European Union, others, like the United States, do not. To circumvent this issue, the United States and European Union contracted around data privacy standard discrepancies through the Safe Harbor Agreement, which eased cross-border data transfers. However, the Court of Justice of the …
User-Generated Evidence, 2018 American University Washington College of Law
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Cell Phone Or Government Tracking Device?: Protecting Cell Site Location Information With Probable Cause, 2018 Duquesne University
Cell Phone Or Government Tracking Device?: Protecting Cell Site Location Information With Probable Cause, Samantha G. Zimmer
Duquesne Law Review
No abstract provided.
From Satirical To Satyrical: When Is A Joke Actionable?, 2018 UC Law SF
From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott
UC Law SF Communications and Entertainment Journal
This Article was selected from Volume 13, Number 2 of the Hastings Communications and Entertainment Law Journal. In light of President Donald Trump’s threats to change the current libel law, this Article was selected to address topics including Jerry Falwell’s unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation for name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputation by raising suspicions that statements are based on facts that are merely stretched.
Learned Hand's Seven Other Ideas About The Freedom Of Speech, 2018 Columbia Law School
Learned Hand's Seven Other Ideas About The Freedom Of Speech, Vincent A. Blasi
Faculty Scholarship
I say “other” because, regarding the freedom of speech, Learned Hand has suffered the not uncommon fate of having his best ideas either drowned out or credited exclusively to others due to the excessive attention that has been bestowed on one of his lesser ideas. Sitting as a district judge in the case of Masses Publishing Co. v. Patten, Hand wrote the earliest judicial opinion about the freedom of speech that has attained canonical status. He ruled that under the recently passed Espionage Act of 1917, writings critical of government cannot be grounds for imposing criminal punishment or the …
Consumer Protection In The Age Of Connected Everything, 2018 New York Law School
Consumer Protection In The Age Of Connected Everything, Terrell Mcsweeny
NYLS Law Review
No abstract provided.