Death By Bullying: A Comparative Culpability Proposal, 2015 Pace University School of Law
Death By Bullying: A Comparative Culpability Proposal, Audrey Rogers
Pace Law Review
This article explores the possibility and advisability of imposing homicide charges against bullies, a controversial approach because of the serious causation questions it poses. Nonetheless, there is precedent for holding a person criminally culpable for a victim’s suicide. A notorious case involved the head of the Ku Klux Klan who was convicted of murder after the woman he raped killed herself by swallowing poison, “distracted by pain and shame so inflicted upon her.” Some may see her shame as analogous to gay teens who commit suicide after being bullied about their sexual orientation. But perhaps the law should not ...
Copyright And Social Media: A Tale Of Legislative Abdication, 2015 New York University School of Law
Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman
Pace Law Review
The focus of this article will be on what I call DMCA 2.0. It will begin by discussing the Digital Millennium Copyright Act (DMCA) and why that statute, passed in 1998 to shore up the enforceability of copyright online by protecting content providers’ ability to engage in forms of technological self-help against online copyright infringers, has been problematic. Part II describes largely unsuccessful efforts in the form of statutes and trade agreements to shore up the DMCA. Part III turns to the latest salvo, the adoption of “voluntary agreements” whereby content owners and ISPs, in particular social media platforms ...
Anarchy, Status Updates, And Utopia, 2015 University of Maryland Francis King Carey School of Law
Anarchy, Status Updates, And Utopia, James Grimmelmann
Pace Law Review
Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; PayPal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.
Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power, there is also social power. Whenever people come ...
Cybercrime: A Saudi And American Perspective, 2015 University of Dayton
Cybercrime: A Saudi And American Perspective, Hussam M. Alkanbashi
hussam m alkanbashi
Cybercrime is one of the greatest threats facing the International community. Defined as criminal activity perpetrated using computers and the internet, cybercrime has developed into a trillion dollar a year industry, affecting millions of people around the world, as well as countless businesses and the governments of every nation. With nearly 431 million victims projected in 2015, cyber related crime is one of if not the most frequent, costly and pervasive crimes worldwide.
This article examines and assesses the effectiveness of Saudi and American Cyber Laws in deterring the growing global threats posed by cybercrime. The article studies cyber identity ...
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, 2015 Penn State University
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
This paper assesses whether and how ISPs can offer quality of service enhancements, at premium prices for full motion video, while still complying with the new rules and regulations established by the Federal Communications Commission (“FCC”) in March, 2015. The paper explains that having made the controversial decision to reclassify all forms of Internet access as a telecommunications service, the FCC increases regulatory uncertainty. In particular, the FCC has failed to identify instances where “retail ISPs,” serving residential broadband subscribers, can offer quality of service enhancements that serve real consumer wants without harming competition and the ability of most content ...
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, 2015 Monterey College of Law
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies ...
What Happens To Your Digital Assets When You Die? Law And Technology Collide In Gray Area, 2015 Nelson Rusche College of Business, Stephen F. Austin State University
What Happens To Your Digital Assets When You Die? Law And Technology Collide In Gray Area, Marsha L. Bayless, J Keaton Grubbs, Kyle Post
Bright Ideas Conference
No abstract provided.
Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, 2015 Seattle University School of Law
Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked
Seattle University Law Review
This Article outlines the different policy alternatives that could guide antitrust enforcement in developing countries. These include efficiency- based goals (allocative, productive, economic, and dynamic efficiency) and non-efficiency-based goals (protecting small businesses; achieving international competitiveness; eradicating poverty; and promoting fairness, equality, and justice). The actual antitrust goals selected by fifty developing countries are then presented. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. This normative take is geared towards realizing dynamic efficiencies or technological progress, coupled with redistribution through antitrust rules, as the accelerators of growth and development ...
It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, 2015 Seattle University School of Law
It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch
Seattle University Law Review
Each year, 10% of all federal government spending is lost due to fraud, which adds up to over $350 billion a year. Unfortunately, many well-meaning federal judges are inadvertently making it easier for wrongdoers to retain these ill-gotten gains by unnecessarily cutting short the investigative time for the government to evaluate fraud allegations brought by whistleblowers under the False Claims Act (FCA). The FCA is the federal government’s primary tool to recover funds obtained through the submission of false claims. Because the government is unable to detect most fraud cases absent the help of whistleblowers, Congress included qui tam ...
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, 2015 University of Wyoming
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing ...
Ninth Circuit Nine-Plus -- Settling The Law In Internet Keyword Advertising And Trademark Use, 2015 Rutgers University - Camden
Ninth Circuit Nine-Plus -- Settling The Law In Internet Keyword Advertising And Trademark Use, Andrew Leahey
No abstract provided.
Information Technology And The Law - Copyright In Cyberspace, 2015 Lund University, Faculty of Law
Information Technology And The Law - Copyright In Cyberspace, Ulf Maunsbach
No abstract provided.
Is There Anybody Out There? Analyzing The Regulation Of Children’S Privacy Online In The United States Of America And The European Union According To Eberlein Et Al. Tbgi Analytical Framework, 2015 PhD (Can.)
Is There Anybody Out There? Analyzing The Regulation Of Children’S Privacy Online In The United States Of America And The European Union According To Eberlein Et Al. Tbgi Analytical Framework, Nachshon Goltz Mr.
Nachshon Goltz Mr.
This article analyzes the regulation of children’s privacy online, especially in the context of personal information collection as a commodity, in the United States of America and the European Union according to Eberlein et. al. Transnational Business Governance Framework. The article reviews the regulatory structure of this field in these two jurisdictions including global organizations, according to Elberlein et al components and questions. In the analysis, a map of the regulatory interactions within this global realm will be presented and discussed. Finally, conclusions are drawn and suggestions are made.
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the ...
Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, 2015 Indiana University - Bloomington
Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, Danton L. Bryans
Indiana Law Journal
This Comment analyzes the regulations in place on 3D-printed firearms and proposes a new standard for regulating 3D-printed goods. Part I provides a brief primer on 3D printing and 3D-printed firearms. Part II turns to the events surrounding Defense Distributed’s creation of the world’s first 3D-printed firearm and the subsequent government censorship of the corresponding CAD files. Part III discusses the regulations affecting 3D-printed firearms and why these regulations are ill-suited for CAD files and 3D-printed goods. Part IV analyzes the implications of treating CAD files and 3D-printed goods as equivalents of traditional goods. Finally, Part V offers ...
Cybersecurity And National Defense: Building A Public-Private Partnership, 2015 University of Georgia School of Law
Cybersecurity And National Defense: Building A Public-Private Partnership, Rebecca H. White, C. Donald Johnson, Loch K. Johnson, Quentin E. Hodgson, Jamil Jaffer, Clete D. Johnson, Victoria Woodbine, Timothy L. Meyer, Adam Golodner, Barry Hensley, Andrea Matwyshyn, Jacob Olcott
Occasional Papers Series
Organized and sponsored by the Dean Rusk Center for International Law and Policy, Cybersecurity and National Defense: Building a Public-Private Partnership was a daylong conference exploring issues related to the national security dimensions of cyber attacks as well as the role of the private sector in addressing cybersecurity risks. The overarching theme was the scope of public-private collaboration in addressing cybersecurity risks and the potential for future cooperation between government and the private sector. Clete D. Johnson, Chief Counsel for Cybersecurity at the Federal Communications Commission gave a lunchtime address on the FCC’s approach to communications security in the ...
Children Of Internet Era: A Critical Analysis Of Vulnerability Of Children In The Darker Sides Of Social Media And Whatsapp, 2015 NLSIU, Bangalore, Karnataka, India
Children Of Internet Era: A Critical Analysis Of Vulnerability Of Children In The Darker Sides Of Social Media And Whatsapp, Debarati Halder Dr.
Information communication technology has been made an essential part of school curriculums in India today. As per the guidelines of the, National Policy on Information and Communication technology (ICT) in school education, children must be taught the positive usage of the internet, the computer technology and digital communication technology. But internet is a double edged weapon: if it is used positively, it may yield positive results, if it is used negatively, it can create large scale devastation. It has been seen that children are often misusing the information communication technology. In the present age, children are growing up seeing their ...
Aaron's Law: Reactionary Legislation In The Guise Of Justice, 2015 University of Massachusetts School of Law
Aaron's Law: Reactionary Legislation In The Guise Of Justice, Matthew Aaron Viana
University of Massachusetts Law Review
This Note argues that the proposed amendment to the Computer Fraud and Abuse Act dubbed “Aaron’s Law,” created in the wake of the prosecution and subsequent suicide of hacktivist Aaron Swartz, should not be enacted as it is overly reactionary legislation which would have unfortunate and unjust repercussions in the realm of civil litigation. This Note first describes the circumstances under which Mr. Swartz found himself prosecuted under the Computer Fraud and Abuse Act, namely his intrusion into, and downloading massive amounts of data from, large internet databases like PACER and JSTOR. This Note also explores the disputed interpretation ...
Information Technology And The Law - Trademarks In Cyberspace, Macerata 2015, 2015 Lund University, Faculty of Law
Information Technology And The Law - Trademarks In Cyberspace, Macerata 2015, Ulf Maunsbach
No abstract provided.
, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, 2015 Atlanta's John Marshall Law School
, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta
Jeffrey A. Van Detta
This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about "law schools of the future":
“Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.”
This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education ...