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Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton 2017 Fox Rothschild LLP

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


Yet Another French Exception: The Legal, Cultural, And Political Dimensions Of France’S Support For The Digital Right To Be Forgotten, Zarine Kharazian 2017 College of William and Mary

Yet Another French Exception: The Legal, Cultural, And Political Dimensions Of France’S Support For The Digital Right To Be Forgotten, Zarine Kharazian

Undergraduate Honors Theses

In 2015, the European Court of Justice established an online “right to be forgotten” in Europe. Under this right to be forgotten, individuals may request that search engines delist links that reference their personal information from search results. Search engines need not grant these requests, but they are now obligated to review them.

While the Court's decision to establish the right to be forgotten certainly ignited a debate among Western privacy scholars and policymakers hailing from both sides of the Atlantic, no country has participated in the debate with as much fervor as has France. This thesis addresses the ...


Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam 2017 Boston College Law School

Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam

Boston College International and Comparative Law Review

In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe Harbor Agreement and, on July 26, 2000, the European Commission formally recognized the agreement as compliant with the Data Protection Directive in its Safe Harbor Decision. In 2013, U.S. data protection standards were once again placed under the microscope when Edward Snowden leaked information ...


Internet Tv: (Hopefully) Coming To A Computer Screen Near You, Nicholas Pellegrino 2017 Seton Hall University School of Law

Internet Tv: (Hopefully) Coming To A Computer Screen Near You, Nicholas Pellegrino

Seton Hall Circuit Review

No abstract provided.


Tomorrow's Inheritance: The Frontiers Of Estate Planning Formalism, David Horton 2017 University of California, Davis, School of Law

Tomorrow's Inheritance: The Frontiers Of Estate Planning Formalism, David Horton

Boston College Law Review

The rules that govern the creation of an estate plan are in flux. Courts once demanded strict adherence to the Wills Act. Yet, this legacy of hyper-vigilance is waning, as the Uniform Probate Code, the Restatement (Third) of Property, and ten states have adopted the harmless error rule. Meanwhile, trusts, which need not comply with the Wills Act, have eclipsed wills as the dominant method of posthumous wealth transmission. This Article explores three budding topics that threaten to further complicate this area. First, there are anecdotal accounts of decedents trying to make electronic wills. In both strict compliance and harmless ...


A Prescription For Excessive Drug Pricing: Leveraging Government Patent Use For Health, Hannah Brennan, Amy Kapczynski, Christine H. Monahan, Zain Rizvi 2017 Law Clerk to the Honorable Theodore McKee, Chief Judge, Third Circuit

A Prescription For Excessive Drug Pricing: Leveraging Government Patent Use For Health, Hannah Brennan, Amy Kapczynski, Christine H. Monahan, Zain Rizvi

Yale Journal of Law and Technology

High drug prices are creating serious health and fiscal problems in the United States today. This reality is vividly illustrated by recently approved
medicines to treat Hepatitis C. These new medicines can cure nearly everyone with this potentially fatal infection and may even enable the elimination of this disease. But the drugs' sticker price- close to $100,000- has meant that very few patients who could benefit from them can access them. This Article describes an approach, available under existing law, to bring about transformative reductions in the prices of these medicines, at least for federal programs and possibly beyond ...


Opening Pandora's Box: Analyzing The Complexity Of U.S. Patent Litigation, Jonathan H. Ashtor 2017 Associate, Skadden, Arps, Slate, Meagher & Flom LLP;

Opening Pandora's Box: Analyzing The Complexity Of U.S. Patent Litigation, Jonathan H. Ashtor

Yale Journal of Law and Technology

Patent litigation is widely regarded as one of the most complex types of civil litigation, with costs often totaling millions of dollars and typical cases lasting years. Also, the burdens of patent case complexity land on both sides of the technological divide, as large producers face skyrocketing defense budgets and inventors and startups risk being ''priced out" from enforcing their rights. Yet, the complexity of patent cases is poorly understood as an empirical matter. Instead, patent litigation is generally accepted to be a ''Pandora's Box" of incalculable complexity, which, once opened, is only arduously and unpredictably concluded .


Credit Scoring In The Era Of Big Data, Mikella Hurley, Julius Adebayo 2017 Georgetown University Law Center

Credit Scoring In The Era Of Big Data, Mikella Hurley, Julius Adebayo

Yale Journal of Law and Technology

For most Americans, access to credit is an essential requirement for upward mobility and financial success. A favorable credit rating is necessary to purchase a home or car, to start a new business, to seek higher education, or to pursue other important goals. For many consumers, strong credit is also necessary to gain access to employment, rental housing, and essential services such as insurance. At present, however, individuals have very little control over how they are scored and have even less ability to contest inaccurate, biased, or unfair assessments of their credit. Traditional, automated credit-scoring tools raise longstanding concerns of ...


Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo 2017 Yale Law School

Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo

Yale Journal of Law and Technology

A revolution in payments technology is taking place, as entrepreneurs develop new and innovative ways to send, receive, and store money. However, payment startups are running headlong into a thicket of federal and state money transmitter regulations, which impose costly registration and reporting requirements to prevent money laundering and protect consumers. The regulatory burden is particularly heavy at the state level, since each state defines "money transmission" differently. Payments startups must deal with highly fragmented regulation across states early in their lives, resulting in large and often redundant compliance costs while offering comparatively less marginal benefit to consumers. However, this ...


When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi 2017 Professor, University of Tennessee College of Law

When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi

Yale Journal of Law and Technology

The European Commission's Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google's position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been dedicated to the dimension of quality - whether and how a search engine, faced with rivals, could degrade quality on the free side. We set out to address this fundamental question: with the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality? We begin our analysis ...


A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner 2017 Yale Law School

A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner

Yale Journal of Law and Technology

In 2013, a federal magistrate judge denied an FBI request for a remote access search warrant, concluding that, among other deficiencies, Rule 41 of the Federal Rules of Criminal Procedure prevented him from granting a warrant to hack a computer when the location of the device was not known. Just five months later, the DOJ proposed amendments to Rule 41 seeking to eliminate the territorial limits on search warrants in two cybercrime contexts: (1) when suspects conceal their online locations and identities; and (2) when malware af fects users in five or more districts. Despite approval from the necessary judicial ...


The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas 2017 Circuit Judge, U.S. Court of Appeals for the Federal Circuit; Adjunct Professor of Law, The George Washington University Law School

The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas

Yale Journal of Law and Technology

The U.S. military and others worldwide have undergone a rapid evolution in the numbers, sophistication and lethality of the robotic weaponry that they deploy to the battlefield. The rate of transformation in the field of robotics and weapons technology raises numerous questions about what legal considerations should be made as we approach the step beyond remotely controlled drone weaponry to fully autonomous fighting vehicles as human operated weapons evolve into self-directed warriors.


The Racist Algorithm?, Anupam Chander 2017 University of California, Davis School of Law

The Racist Algorithm?, Anupam Chander

Michigan Law Review

Review of The Black Box Society: The Secret Algorithms That Control Money and Information by Frank Pasquale.


Table Of Contents, 2017 Embry-Riddle Aeronautical University

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter, 2017 Embry-Riddle Aeronautical University

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead, 2017 Embry-Riddle Aeronautical University

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Special Issue Of Best Papers From The 11th International Conference On Systematic Approaches To Digital Forensic Engineering (Sadfe 2016), 2017 Embry-Riddle Aeronautical University

Special Issue Of Best Papers From The 11th International Conference On Systematic Approaches To Digital Forensic Engineering (Sadfe 2016)

Journal of Digital Forensics, Security and Law

The SADFE series feature the different editions of the International Conference on Systematic Approaches to Digital Forensics Engineering. Now in its eleventh edition, SADFE has established itself as the premier conference for researchers and practitioners working in Systematic Approaches to Digital Forensics Engineering.

SADFE 2016, the eleventh international conference on Systematic Approaches to Digital Forensic Engineering was held in Kyoto, Japan, September 20 - 22, 2016.

Digital forensics engineering and the curation of digital collections in cultural institutions face pressing and overlapping challenges related to provenance, chain of custody, authenticity, integrity, and identity. The generation, analysis and sustainability of digital evidence ...


A Forensic Email Analysis Tool Using Dynamic Visualization, Johannes Stadlinger, Andreas Dewald 2017 University of Erlangen-Nuremberg

A Forensic Email Analysis Tool Using Dynamic Visualization, Johannes Stadlinger, Andreas Dewald

Journal of Digital Forensics, Security and Law

Communication between people counts to the most important information of today’s business. As a result, in case of forensic investigations in big companies, analysis of communication data in general and especially email, as the still most widely used business communication platform with an immense and still growing volume, is a typical task in digital forensics. One of the challenges is to identify the relevant communication partners and structures in the suspects surrounding as quickly as possible in order to react appropriately and identify further targets of evaluation. Due to the amount of emails in typical inboxes, reading through all ...


Find Me If You Can: Mobile Gps Mapping Applications Forensic Analysis & Snavp The Open Source, Modular, Extensible Parser, Jason Moore, Ibrahim Baggili, Frank Breitinger 2017 University of New Haven

Find Me If You Can: Mobile Gps Mapping Applications Forensic Analysis & Snavp The Open Source, Modular, Extensible Parser, Jason Moore, Ibrahim Baggili, Frank Breitinger

Journal of Digital Forensics, Security and Law

The use of smartphones as navigation devices has become more prevalent. The ubiquity of hand-held navigation devices such as Garmins or Toms Toms has been falling whereas the ownership of smartphones and their adoption as GPS devices is growing. This work provides a comprehensive study of the most popular smartphone mapping applications, namely Google Maps, Apple Maps, Waze, MapQuest, Bing, and Scout, on both Android and iOS. It details what data was found, where it was found, and how it was acquired for each application. Based on the findings, the work allowed for the construction of a tool capable of ...


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