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Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal 2016 Fordham University School of Law

Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal

Fordham Law Review

Data security breaches, which compromise private consumer information, seem to be an ever-increasing threat. To stem this tide, the Federal Trade Commission (FTC) has relied upon its authority to enforce the prohibition against unfair business practices under section 5 of the Federal Trade Commission Act (“section 5”) to hold companies accountable when they fail to employ data security measures that could prevent breaches. Specifically, the FTC brings enforcement actions when it finds that companies have failed to implement “reasonable” data security measures. However, companies and scholars argue that the FTC has not provided adequate notice of which data security practices ...


Transfer Pricing Challenges In The Cloud, Orly Mazur 2016 Southern Methodist University Dedman School of Law

Transfer Pricing Challenges In The Cloud, Orly Mazur

Boston College Law Review

Cloud computing has fundamentally changed how companies operate. Companies have quickly adapted by moving their businesses to the cloud, but international tax standards have failed to follow suit. As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment. One particular area that raises perplexing tax issues is the transfer pricing rules. The transfer pricing rules set forth the intercompany price a cloud service provider must charge an affiliate using its cloud services, which ultimately affects the determination of the jurisdiction in which the company’s profits are taxed. This Article ...


Rats, Traps, And Trade Secrets, Elizabeth A. Rowe 2016 University of Florida Levin School of Law

Rats, Traps, And Trade Secrets, Elizabeth A. Rowe

Boston College Law Review

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores ...


Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus 2016 University of Georgia School of Law

Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus

Journal of Intellectual Property Law

No abstract provided.


Book Review: Digital Crime And Forensic Science In Cyberspace (By P. Kanellis, E. Kiountouzis, N. Kolokotronis, And D. Martakos), Gary Kessler 2016 Embry-Riddle Aeronautical University - Daytona Beach

Book Review: Digital Crime And Forensic Science In Cyberspace (By P. Kanellis, E. Kiountouzis, N. Kolokotronis, And D. Martakos), Gary Kessler

Gary C. Kessler

"This book, according to the preface, 'is intended for those who are interested in a critical overview of what forensic science is, care about privacy issues, and wish to know what constitutes evidence for computer crime.' It goes on to say that the specific audiences for which it was written are students in academia and professionals in the industry.

If used carefully, this book does a good job at providing a snapshot of some of the current issues in digital forensics, although perhaps best aimed at information security professionals. It is a collection of 15 chapters written by authors from ...


Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt 2016 Seattle University School of Law

Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt

Seattle University Law Review

This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can ...


Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu 2016 Boston College Law School

Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu

Joseph P. Liu

This casebook emphasizes the essential cases and materials at the heart of copyright law. The result is a streamlined and well-organized casebook of manageable length that keeps the central themes of copyright front and center. It also provides access to a companion Web site containing an extensive library of additional modules, topics, edited cases, notes, problems, and audio-visual materials. Together these materials, along with a companion teacher's manual, allow teachers to easily customize the copyright law course to suit their specific goals. The authors have written extensively about copyright, the arts, and the impact of new technology.


Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce 2016 College of William & Mary Law School

Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce

William & Mary Law Review

No abstract provided.


Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies 2016 University of Georgia School of Law

Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies

Journal of Intellectual Property Law

No abstract provided.


I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph 2016 University of Georgia School of Law

I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph

Journal of Intellectual Property Law

No abstract provided.


Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency, Christina Chow 2016 University of Georgia School of Law

Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency, Christina Chow

Journal of Intellectual Property Law

No abstract provided.


Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu 2016 Selected Works

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Margaret Hu

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the ...


Contracting For The 'Internet Of Things'. Looking Into The Nest, Guido Noto La Diega, Ian Walden 2016 Queen Mary, University of London

Contracting For The 'Internet Of Things'. Looking Into The Nest, Guido Noto La Diega, Ian Walden

Guido Noto La Diega

The world of the ‘Internet of Things’ (‘IoT’) is just one manifestation of recent developments in information and communication technologies (‘ICTs’), closely tied to others, including ‘cloud computing’ and ‘big data’. For our purposes, the ‘Thing’ in the IoT is any physical entity capable of connectivity that directly interfaces the physical world, such as embedded devices, sensors and actuators. In considering IoT contracts, this paper adopts a case study approach, examining the complexity of IoT through the lens of a specific product: the Nest connected thermostat, part of the Nest Labs business and owned by Google. We focus on the ...


Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma 2016 John Marshall Law School

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

The John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place ...


Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott 2016 John Marshall Law School

Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott

The John Marshall Journal of Information Technology & Privacy Law

This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges ...


Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga 2016 John Marshall Law School

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

The John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the ...


Modularity Theory And Internet Policy, Christopher S. Yoo 2016 University of Pennsylvania Law School

Modularity Theory And Internet Policy, Christopher S. Yoo

Faculty Scholarship

Modularity is often cited as one of the foundations for the Internet’s success. Unfortunately, academic discussions about modularity appearing in the literature on Internet policy are undertheorized. The persistence of nonmodular architectures for some technologies underscores the need for some theoretical basis for determining when modularity is the preferred approach. Even when modularity is desirable, theory must provide some basis for making key design decisions, such as the number of modules, the location of the interfaces between the modules, and the information included in those interfaces.

The literature on innovation indicates that modules should be determined by the nature ...


Protecting Personal Information: Achieving A Balance Between User Privacy And Behavioral Targeting, Patrick Myers 2016 University of Michigan Law School

Protecting Personal Information: Achieving A Balance Between User Privacy And Behavioral Targeting, Patrick Myers

University of Michigan Journal of Law Reform

Websites and mobile applications provide immeasurable benefits to both users and companies. These services often collect vast amounts of personal information from the individuals that use them, including sensitive details such as Social Security numbers, credit card information, and physical location. Personal data collection and dissemination leave users vulnerable to various threats that arise from the invasion of their privacy, particularly because users are often ignorant of the existence or extent of these practices. Current privacy law does not provide users with adequate protection from the risks attendant to the collection and dissemination of their personal information. This Note advocates ...


A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir 2016 University of Illinois at Urbana-Champaign

A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Indiana Law Journal

Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.

Our survey is the first comprehensive examination of the intersection ...


Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen Henderson 2015 University of Oklahoma College of Law

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen Henderson

Stephen E Henderson

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those records not only store our past, but thanks to data mining and big data, in many circumstances they are eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully ...


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