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A Hacker “May” Have Accessed Your Data: Can Victims Of Data Breaches Sue Before Alleging Misuse?, John Landzert 2022 Boston College Law School

A Hacker “May” Have Accessed Your Data: Can Victims Of Data Breaches Sue Before Alleging Misuse?, John Landzert

Boston College Law Review

On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, the United States Court of Appeals for the Eleventh Circuit held that the mere existence of a data breach is insufficient to grant plaintiffs standing to sue the company that exposed their personal information. By doing so, the Eleventh Circuit aligned itself with the Second, Third, Fourth, and Eighth Circuits. In contrast, the Sixth, Seventh, Ninth, and D.C. Circuits have granted standing in such cases. This Comment argues that the Eleventh Circuit properly applied Supreme Court jurisprudence at the time it decided Tsao and, in light of ...


Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson 2022 University of Cincinnati College of Law

Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices, Citra Yuda Nur Fatihah 2022 University of California, Berkeley

Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices, Citra Yuda Nur Fatihah

Indonesia Law Review

Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information ...


Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita 2022 University of Cincinnati College of Law

Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan 2022 University of Cincinnati College of Law

Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor 2022 University of Cincinnati College of Law

The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin 2022 DePaul University College of Law

Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp 2022 DePaul University College of Law

Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price 2022 DePaul University College of Law

Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu 2022 DePaul University College of Law

Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance, Anthony Volini, Farzana Ahmed 2022 DePaul University

Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance, Anthony Volini, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Government, Big Tech, And Individual Liberty, Romaine Miller, Johnny B. Davis 2022 Liberty University

Government, Big Tech, And Individual Liberty, Romaine Miller, Johnny B. Davis

Helm's School of Government Conference

The thesis is that the first principles of the Founding Fathers express in the Declaration give the proper guidance for dealing with the impact of high tech on individual liberty.


Beacons: A Viable Solution To The Ever-Evolving Problem Of Corporate Data Breaches, Lauren Fiotakis 2022 Northwestern Pritzker School of Law

Beacons: A Viable Solution To The Ever-Evolving Problem Of Corporate Data Breaches, Lauren Fiotakis

Northwestern Journal of Technology and Intellectual Property

In an increasingly virtual world, data breaches continuously plague large corporations. These companies have few options to keep their data out of the hands of persistent hackers, who often discover ways around any safeguards that may be in place. It seems as though any measures companies are currently able to employ merely delay the inevitable breach that will bring with it the potential loss of both customers’ data and their faith in the privacy and security of their information. These attacks can be debilitating to corporations; thus, it seems only fair to provide them the ability to take active measures ...


Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu 2022 Golden Gate University School of Law

Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu

Theses and Dissertations

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair ...


Proposed L-Shape Pattern On Ufs Acm For Risk Analysis, Abhishek Asthana, Padma Lochan Pradhan Dr 2022 Shri Rawatpura Sarkar University, Raipur, India

Proposed L-Shape Pattern On Ufs Acm For Risk Analysis, Abhishek Asthana, Padma Lochan Pradhan Dr

Journal of Digital Forensics, Security and Law

At this cloud age, there is tremendous growth in business, services, resources, and cloud technology. This growth comes with a risk of unsafe, unordered, and uncertainty due to unauthorized access and theft of confidential propriety data. Our objective is to model around Read, Write and Execute to resolve these unordered, unsafe, and uncertain issues. We will develop a L-Shape pattern model matching UFS ACM to minimize the accessibilities based on RIGHT & ROLE of the resources and maximize the quality of services for safety and high availability. The preventive, detective, corrective (PDC) services are the major roles for all levels of ...


The Hydraulics Of Intermediary Liability Regulation, Ben Horton 2022 Cleveland State University

The Hydraulics Of Intermediary Liability Regulation, Ben Horton

Cleveland State Law Review

The intermediary immunity created by Section 230 probably protects claims based on the non-legal harms of hate speech and misinformation as well as a European-style proportionality system of content moderation better than a more “legalized” intermediary liability regime would. Contrasting the existing non-copyright content moderation systems with empirical research on the effects of the Digital Millennium Copyright Act (DMCA) shows that a comprehensive regulation of content moderation would incentivize the moderation of defamation and negligence claims at the expense of these important non-legal claims and incentivize a homogenous, categorical approach to content moderation. Furthermore, empirical research on the effects of ...


The Increased Use And Permanency Of Technology: How Those Changes Impact Attorneys’ Professional Responsibility And Ethical Obligations To Clients And Recommendations For Improvement, Scott B. Piekarsky 2022 University of Miami Law School

The Increased Use And Permanency Of Technology: How Those Changes Impact Attorneys’ Professional Responsibility And Ethical Obligations To Clients And Recommendations For Improvement, Scott B. Piekarsky

University of Miami Business Law Review

No abstract provided.


A Critical Comparison Of Brave Browser And Google Chrome Forensic Artefacts, Stuart Berham, Sarah Morris 2022 Cranfield University

A Critical Comparison Of Brave Browser And Google Chrome Forensic Artefacts, Stuart Berham, Sarah Morris

Journal of Digital Forensics, Security and Law

Digital forensic practitioners are tasked with the identification, recovery and analysis of Internet browser artefacts which may have been used in the pursuit of committing a civil or criminal offence. This research paper critically compares the most downloaded browser, Google Chrome, against an increasingly popular Chromium browser known as Brave, said to offer privacy-by-default. With increasing forensic caseloads, data complexity, and requirements for method validation to satisfy ISO 17025 accreditation, recognising the similarities and differences between the browsers, developed on the same underlying technology is essential. The paper describes a series of conducted experiments and subsequent analysis to identify artefacts ...


The New Bailments, Danielle D’Onfro 2022 University of Washington School of Law

The New Bailments, Danielle D’Onfro

Washington Law Review

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of ...


Unfair Collection: Reclaiming Control Of Publicly Available Personal Information From Data Scrapers, Andrew M. Parks 2022 University of Michigan Law School

Unfair Collection: Reclaiming Control Of Publicly Available Personal Information From Data Scrapers, Andrew M. Parks

Michigan Law Review

Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large.

This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data ...


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