Computer Law Commons^™

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court ...

Information Privacy And Data Control In Cloud Computing: Consumers, Privacy Preferences, And Market Efficiency, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Washington and Lee Law Review

So many of our daily activities now take place “in the cloud,” where we use our devices to tap into massive networks that span the globe. Virtually every time that we plug into a new service, the service requires us to click the seemingly ubiquitous box indicating that we have read and agreed to the provider’s terms of service (TOS) and privacy policy. If a user does not click on this box, he is denied access to the service, but agreeing to these terms without reading them can negatively impact the user’s legal rights. As part of this ...

Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover

Journal of Business & Technology Law

No abstract provided.

Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean

Journal of Business & Technology Law

No abstract provided.

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.

A Commission On A Cyber Mission, Adrian Wilairat

Journal of Business & Technology Law

No abstract provided.

Best Mode Trade Secrets, Brian J. Love, Christopher B. Seaman

Yale Journal of Law and Technology

Trade secrecy and patent rights traditionally have been considered mutually exclusive. Trade secret rights are premised on secrecy. Without it, they evaporate. Patent rights, on the other hand, require public disclosure. Absent a sufficiently detailed description of the invention, patents are invalid. However, with the passage of the Leahy-Smith America Invents Act (“AIA”) last fall, this once black-and-white distinction may melt into something a little more gray. Buried amidst myriad tweaks to the Patent Act is one that has the potential to substantially change the boundary between patent and trade secret protection. For the first time since at least 1952 ...

Reverse Engineering Informational Privacy Law, Michael Birnhack

Yale Journal of Law and Technology

Is technology-neutral legislation possible? Technological neutrality in legislation is often praised for its flexibility and ability to apply to future technologies. Yet, time and again we realize that even if the law did not name any technology, it was nevertheless based on an image of a particular technology. When new technologies appear, they expose the underlying technological mindset of the existing law. This article suggests that we read technology-related laws to uncover their hidden technological mindset so that we can better understand the law and prepare for the future. Reverse engineering the law is an interpretive mode, tailored to uncover ...

Anonymity, Disclosure And First Amendment Balancing In The Internet Era: Developments In Libel, Copyright, And Election Speech, Jason M. Shepard, Genelle Belmas

Yale Journal of Law and Technology

The Supreme Court has long protected anonymity for speakers and writers under the First Amendment. The Internet enables anonymity for individuals who post writings, download music, and participate in political discussion. However, this poses a challenge for plaintiffs who want to sue anonymous speakers for libel, copyright infringement, or election speech. This Article evaluates current legal developments in these areas and makes recommendations about how the law should deal with these different but related issues of anonymous speech.

Moving From Nixon To Nasa: Privacy's Second Strand--A Right To Informational Privacy, Christina P. Moniodis

Yale Journal of Law and Technology

The Supreme Court’s data privacy jurisprudence consists of only two cases, yet these cases have fueled a circuit split on data privacy rights. The Court’s hesitance to foray into data privacy law may be because the nonrival, invisible, and recombinant nature of information causes plaintiffs’ harms to elude courts. Such harms threaten the democratic relationship between citizen and state. However, the Court renewed its attention to data privacy in NASA v Nelson, in which the Court may have recognized a tension in its jurisprudence and rejected one of its precedents to better account for the harms and interests ...

In Search Of The Right Balance: Patco Lays The Foundation For Analyzing The Commercial Reasonableness Of Security Procedures Under Ucc Article 4a, Melissa Waite

Boston College Law Review

On July 3, 2012, in Patco Construction Co. v. People’s United Bank, the First Circuit held that security procedures used to verify electronic funds transfers initiated through online banking were commercially unreasonable. In reaching its decision, the court laid a strong foundation for analyzing commercial reasonableness in future cases. This Comment argues that future courts should build on this analysis by considering recent merger activity when determining the standard against which commercial reasonableness should be measured.

Australia’S 2012 Privacy Act Revisions: Weaker Principles, More Powers, Nigel Waters, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

The Australian Government’s Privacy Amendment (Enhancing Privacy Protection) Act 2012 was enacted on 29 November 2012 but will not commence until March 2014. It contains the first significant amendments to the Privacy Act 1988 since 2001. The whole process took nearly seven years since the Australian Law Reform Commission (ALRC) started work on its privacy reform reference. This article focusses on those aspects of the law which have been changed, for better or worse. We have previously analysed the deficiencies of the Bill in articles and submissions , and the Bill was enacted with none of those deficiencies removed.

The ...

China’S Npc Standing Committee Privacy Decision: A Small Step, Not A Great Leap Forward, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

The Decision of the Standing Committee of the National People’s Congress (NPC Standing Committee) of December 28, 2012 concerning data privacy and the internet (‘2012 Decision’) is the highest level law yet enacted in China to deal specifically with data protection issues. This article analyses that Decision, comparing its content with the MIIT Regulation directed at the same IISPs, and covering much of the same ground (see G Greenleaf ‘China's Internet Data Privacy Regulations 2012: 80 Percent of a Great Leap Forward?’ available at ).

The conclusion is reached that, other than that this Decision comes from the high ...

Singapore’S New Data Protection Authority: Strong Enforcement Powers And Business Risks, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

Singapore’s Ministry of Communications and Information (MCI) has quickly brought into effect on 2 January 2013 the Personal Data Protection Act (PDPA) enacted in October 2012. This article analyses the enforcement aspects of the Act. The data protection principles in the Act are analysed in <http://ssrn.com/abstract=2212608>.

The structure and functions of the Personal Data Protection Commission are explained, and why it is not as an independent statutory authority. The artice examined the various methods of dispute resolution at its disposal; avenues of appeal; the extent of transparency of the complaint and appeals processes and the ...

Drowning In Codes Of Conduct: An Analysis Of Codes Of Conduct Applying To Online Activity In Australia, Chris Connolly, David Vaile

University of New South Wales Faculty of Law Research Series 2013

With auDA Foundation support, this was the first comprehensive comparison and analysis of the sixteen main Australian Internet Codes of Conduct, using a set of criteria based on best practice in consumer protection.

Initially 10 Codes were considered, growing to a final number of 16 (13 plus three of uncertain status). Researchers conducted interviews and surveys using Best Practice Guidelines for code operation to derive detailed questions, and sought to verify this with feedback and consultation with the operators. An extensive table of results takes up most of the 70 pages, and the introduction sets out some of the issues ...

"The Marvels Of Modern Technology": Constitutional Rights, Technology, And Statutory Interpretation Collide In United States V. Chiaradio, Wilber A. Barillas

Boston College Journal of Law & Social Justice

On July 11, 2012, in United States v. Chiaradio, the U.S. Court of Appeals for the First Circuit held that a defendant possessing child pornography on two networked computers had committed two separate crimes of possession and distribution of child pornography under 18 U.S.C. § 2252(a)(4)(B). The court, however, should have shown restraint in its analysis to avoid creating dangerous precedent. In her concurring opinion, Chief Judge Lynch argued for a narrow holding, emphasizing the statute’s ambiguity as applied to more complex, modern scenarios. The First Circuit’s decision highlights how courts struggle to ...

Searching For "Something More": Viacom Interprets The Control Provision Of The Dmca § 512(C) Safe Harbor, Brett M. Jackson

Boston College Law Review

On April 5, 2012, in Viacom International, Inc. v. YouTube, Inc., the U.S. Court of Appeals for the Second Circuit held that 17 U.S.C. § 512(c)(1)(B) requires a service provider to exert “substantial influence” over user activity to show the requisite control necessary to remove it from safe harbor protection. In doing so, the Second Circuit created a circuit split with the U.S. Court of Appeals for the Ninth Circuit regarding the proper interpretation of the § 512(c)(1)(B) control provision. This Comment argues that, unlike the Ninth Circuit, the Second Circuit rendered ...

Beyond Notice And Choice: Privacy, Norms, And Consent (Forthcoming), Richard Warner, Robert Sloan

Richard Warner

Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission ...

Net Neutrality: Preparing For The Future, Jennifer Wong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.