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Exploring Lawful Hacking As A Possible Answer To The "Going Dark" Debate, Carlos Liguori 2020 Yale Law School

Exploring Lawful Hacking As A Possible Answer To The "Going Dark" Debate, Carlos Liguori

Michigan Technology Law Review

The debate on government access to encrypted data, popularly known as the “going dark” debate, has intensified over the years. On the one hand, law enforcement authorities have been pushing for mandatory exceptional access mechanisms on encryption systems in order to enable criminal investigations of both data in transit and at rest. On the other hand, both technical and industry experts argue that this solution compromises the security of encrypted systems and, thus, the privacy of their users. Some claim that other means of investigation could provide the information authorities seek without weakening encryption, with lawful hacking being one of ...


From Securities To Cybersecurity: The Sec Zeroes In On Cybersecurity, Rebecca Rabinowitz 2020 Boston College Law School

From Securities To Cybersecurity: The Sec Zeroes In On Cybersecurity, Rebecca Rabinowitz

Boston College Law Review

Cybersecurity is one of the gravest threats facing public companies, the markets, and the economy at large today. Because of this pressing threat, the SEC has increased its attention to cybersecurity. In 2018 interpretive guidance, consistent with the mandatory disclosure regime established by federal securities regulation, the SEC stipulated that public companies have a duty to disclose those cybersecurity risks and incidents that are material to investors. The 2018 guidance added little, however, and instead parroted earlier guidance from the SEC’s Division of Corporation Finance. Moreover, the SEC itself has been plagued by cybersecurity problems. This Note asserts that ...


The Common Law Of Cyber Trespass, Michael J. O'Connor 2020 Brooklyn Law School

The Common Law Of Cyber Trespass, Michael J. O'Connor

Brooklyn Law Review

Right now, if executives in California and Virginia each bribe a competitor’s disloyal employee to steal a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA), the Government can charge one executive but not the other. Courts decide these cases differently due to the widening circuit split over the CFAA term “without authorization.” Neither the Supreme Court nor Congress has shown interest in resolving the split over authorization. Even more concerning is the suggestion that they can’t resolve it; the statute addresses too many potential scenarios for a single definition to ...


Taxation Of Electronic Gaming, Bryan T. Camp 2020 Texas Tech University School of Law

Taxation Of Electronic Gaming, Bryan T. Camp

Washington and Lee Law Review

At a doctrinal level, the subject of this Article is timely. During this time of the coronavirus pandemic, casinos have been closed and large populations have been subject to stay-home orders from local and state authorities. One can reasonably expect a large increase in electronic gaming and thus an increased need for proper consideration of its taxation. This Article argues for a cash-out rule of taxation.

At a deeper level, the subject of this Article is timeless. Tax law is wickedly complex for a reason. This Article explores that complexity using the example of electronic gaming. It grapples with the ...


Payment In Virtual Currency, Benjamin Geva 2020 Osgoode Hall Law School of York University

Payment In Virtual Currency, Benjamin Geva

Articles & Book Chapters

By reference to an analysis of the operation of payment in traditional forms of money, this essay explores the meaning of ‘virtual currency’ and the mechanism for payment in it. Endeavoring to identify directions in which events will unfold, the essay sets the stage for a future detailed analysis of pertaining legal aspects.


Natural Cycles: When An Algorithm Digitally Mandates Your Sexual Health, Jacqueline Tran 2020 Southern Methodist University, Dedman School of Law

Natural Cycles: When An Algorithm Digitally Mandates Your Sexual Health, Jacqueline Tran

Science and Technology Law Review

No abstract provided.


Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison 2020 Southern Methodist University, Dedman School of Law

Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison

Science and Technology Law Review

No abstract provided.


Front Matter, 2020 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Measuring Baseball’S Heartbeat: The Hidden Harms Of Wearable Technology To Professional Ballplayers, John A. Balletta 2020 Duke Law

Measuring Baseball’S Heartbeat: The Hidden Harms Of Wearable Technology To Professional Ballplayers, John A. Balletta

Duke Law & Technology Review

No abstract provided.


Opting Out: Biometric Information Privacy And Standing, Michelle Jackson 2020 Duke Law School

Opting Out: Biometric Information Privacy And Standing, Michelle Jackson

Duke Law & Technology Review

No abstract provided.


A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba 2020 Duke Law School

A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba

Duke Law & Technology Review

No abstract provided.


Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell 2020 Duke Law School

Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell

Duke Law & Technology Review

No abstract provided.


Mischief With Government Information Policy, Renée M. Landers 2020 Suffolk University Law School

Mischief With Government Information Policy, Renée M. Landers

Chicago-Kent Law Review

No abstract provided.


Administrative Truth: Comments On Cortez's Information Mischief, David Thaw 2020 Univeristy of Pittsburg School of Law

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.


Teaching Data Carving Using The Real World Problem Of Text Message Extraction From Unstructured Mobile Device Data Dumps, Gary D. Cantrell, Joan Runs Through 2020 Southern Utah University

Teaching Data Carving Using The Real World Problem Of Text Message Extraction From Unstructured Mobile Device Data Dumps, Gary D. Cantrell, Joan Runs Through

Journal of Digital Forensics, Security and Law

Data carving is a technique used in data recovery to isolate and extract files based on file content without any file system guidance. It is an important part of data recovery and digital forensics, but it is also useful in teaching computer science students about file structure and binary encoding of information especially within a digital forensics program. This work demonstrates how the authors teach data carving using a real world problem they encounter in digital forensics evidence processing involving the extracting of text messages from unstructured small device binary extractions. The authors have used this problem for instruction in ...


Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak 2020 National Institute of Justice

Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak

Journal of Digital Forensics, Security and Law

Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed ...


Cyber-Security Risks Of Fedwire, Mark J. Bilger 2020 Norwich University

Cyber-Security Risks Of Fedwire, Mark J. Bilger

Journal of Digital Forensics, Security and Law

This paper will review the risks associated with the Federal Reserve's Fedwire network as a key resource necessary for the efficient function of the American financial system. It will examine the business model of the Fedwire system of real-time interbank transfers, the network characteristics of Fedwire, and the possibility of a successful attack on Fedwire and its potential impact on the U.S. financial system.


The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D. 2020 Barry University School of Law

The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.

Child and Family Law Journal

No abstract provided.


The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala 2020 Duke Law

The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala

Duke Law & Technology Review

No abstract provided.


Secret Conviction Programs, Meghan J. Ryan 2020 Southern Methodist University

Secret Conviction Programs, Meghan J. Ryan

Washington and Lee Law Review

Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.


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