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Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner 2015 Seattle University School of Law

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to ...


Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini 2015 Seattle University School of Law

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may ...


Toward A New Language Of Legal Drafting, Matthew Roach 2015 Stanford University

Toward A New Language Of Legal Drafting, Matthew Roach

Matthew Roach

Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.


Freedom In My Heart, Karen Sandler 2015 Software Freedom Conservancy

Freedom In My Heart, Karen Sandler

Events

No abstract provided.


Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold 2015 College of William & Mary Law School

Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold

William & Mary Law Review

No abstract provided.


Death By Bullying: A Comparative Culpability Proposal, Audrey Rogers 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, Diane Leenheer Zimmerman 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, James Grimmelmann 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, hussam m. alkanbashi 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, Rob Frieden 2015 Penn State University

Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden

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 ...


An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer 2015 NYU School of Law

An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations now have unprecedented capacity to spy on global communication, and yet they typically acknowledge no legal restrictions on their right to surveil non-citizens outside their borders. Moreover, incidental collection and inter-governmental cooperation give people little protection against surveillance by their own governments as well.

There is growing support for plugging these loopholes by a multilateral agreement that would establish internationally applicable safeguards. The present paper concludes that such an agreement, far from strengthening global privacy protection, would almost certainly weaken it. Even among Western democracies, the search for transnational common ground and the institutional priorities of the negotiators would ...


The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher McElwain, Dennis Fernandez 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

Christopher McElwain

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, Marsha L. Bayless, J Keaton Grubbs, Kyle Post 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, Dina I. Waked 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, Joel D. Hesch 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, Robert Sprague 2015 University of Wyoming

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

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, Andrew Leahey 2015 Rutgers University - Camden

Ninth Circuit Nine-Plus -- Settling The Law In Internet Keyword Advertising And Trademark Use, Andrew Leahey

Andrew Leahey

No abstract provided.


Information Technology And The Law - Copyright In Cyberspace, Ulf Maunsbach 2015 Lund University, Faculty of Law

Information Technology And The Law - Copyright In Cyberspace, Ulf Maunsbach

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, Nachshon Goltz Mr. 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 2015 SelectedWorks

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

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 ...


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