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Forum Selling And Domain-Name Disputes, Daniel M. Klerman 2016 USC Law School

Forum Selling And Domain-Name Disputes, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

The system for resolving domain-name disputes is unique in that it gives the complainant, a trademark owner who claims that a domain name violates its mark, the unilateral ability to choose the arbitration provider. As a result, providers, whether motivated by profit or prestige, have incentives to favor the complainant. Empirical analysis confirms that complainants choose providers who are more likely to decide cases for the trademark owner, rather than based on speed. The domain name-dispute resolution system should be modified to allow both complainant trademark owner and respondent domain-name registrant to strike an equal number of arbitration providers. This ...


From The Editor-In-Chief, Ibrahim A. Baggili 2016 JDFSL

From The Editor-In-Chief, Ibrahim A. Baggili

Journal of Digital Forensics, Security and Law

We are proud to share with you this special edition issue of the JDFSL. This year, JDFSL partnered with both the 6th International Conference on Digital Forensics and Cyber Crime (ICDF2C) and Systematic Approaches to Digital Forensic Engineering (SADFE)–two prominent conferences in our field that were co-hosted. Fifty-three papers were submitted, and the Technical Program Committee accepted only 17 after a rigorous review process.


Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge 2016 Yale Law School

Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge

Jason Rantanen

This Article provides the first major analysis of the very recent en banc decision of the United States Court of Appeals for the Federal Circuit in the now famous Therasense v. Becton Dickinson. The doctrinal issue central to the case is inequitable conduct, a judicially created doctrine developed to punish patent applicants who behave inappropriately during patent prosecution, the ex parte process of patent creation. The core thesis of this Article is that Therasense could have a much more significant, complex, and nuanced impact on the legal infrastructure of American innovation than the opinion for the court appears to appreciate ...


Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge 2016 Yale Law School

Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge

Jason Rantanen

This Article provides the first major analysis of the very recent en banc decision of the United States Court of Appeals for the Federal Circuit in the now famous Therasense v. Becton Dickinson. The doctrinal issue central to the case is inequitable conduct, a judicially created doctrine developed to punish patent applicants who behave inappropriately during patent prosecution, the ex parte process of patent creation. The core thesis of this Article is that Therasense could have a much more significant, complex, and nuanced impact on the legal infrastructure of American innovation than the opinion for the court appears to appreciate ...


Money Laundering Detection Framework To Link The Disparate And Evolving Schemes, Murad Mehmet, Duminda Wijesekera, Miguel F. Buchholtz 2016 George Mason University

Money Laundering Detection Framework To Link The Disparate And Evolving Schemes, Murad Mehmet, Duminda Wijesekera, Miguel F. Buchholtz

Journal of Digital Forensics, Security and Law

Money launderers hide traces of their transactions with the involvement of entities that participate in sophisticated schemes. Money laundering detection requires unraveling concealed connections among multiple but seemingly unrelated human money laundering networks, ties among actors of those schemes, and amounts of funds transferred among those entities. The link among small networks, either financial or social, is the primary factor that facilitates money laundering. Hence, the analysis of relations among money laundering networks is required to present the full structure of complex schemes. We propose a framework that uses sequence matching, case-based analysis, social network analysis, and complex event processing ...


It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow 2016 University of Minnesota Law School

It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow

Minnesota Journal of Law, Science & Technology

No abstract provided.


Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt 2016 Indiana University

Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt

Minnesota Journal of Law, Science & Technology

No abstract provided.


3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel 2016 University of Minnesota Law School

3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton 2016 Cloudigy Law PLLC

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal 2016 George Mason University Law School

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.


Rats, Traps, And Trade Secrets, Elizabeth A. Rowe 2016 University of Florida Levin School of Law

Rats, Traps, And Trade Secrets, Elizabeth A. Rowe

Elizabeth A Rowe

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores ...


Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal 2016 Fordham University School of Law

Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal

Fordham Law Review

Data security breaches, which compromise private consumer information, seem to be an ever-increasing threat. To stem this tide, the Federal Trade Commission (FTC) has relied upon its authority to enforce the prohibition against unfair business practices under section 5 of the Federal Trade Commission Act (“section 5”) to hold companies accountable when they fail to employ data security measures that could prevent breaches. Specifically, the FTC brings enforcement actions when it finds that companies have failed to implement “reasonable” data security measures. However, companies and scholars argue that the FTC has not provided adequate notice of which data security practices ...


Personal Data For Decisional Purposes In The Age Of Analytics: From An Individual To A Collective Dimension Of Data Protection, Alessandro Mantelero 2016 Polytechnic University of Turin

Personal Data For Decisional Purposes In The Age Of Analytics: From An Individual To A Collective Dimension Of Data Protection, Alessandro Mantelero

Alessandro Mantelero

In the big data era, new technologies and powerful analytics make it possible to collect and analyse large amounts of data in order to identify patterns in the behaviour of groups, communities and even entire countries.
Existing case law and regulations are inadequate to address the potential risks and issues related to this change of paradigm in social investigation. This is due to the fact that both the right to privacy and the more recent right to data protection are protected as individual rights. The social dimension of these rights has been taken into account by courts and policymakers in ...


Transfer Pricing Challenges In The Cloud, Orly Mazur 2016 Southern Methodist University Dedman School of Law

Transfer Pricing Challenges In The Cloud, Orly Mazur

Boston College Law Review

Cloud computing has fundamentally changed how companies operate. Companies have quickly adapted by moving their businesses to the cloud, but international tax standards have failed to follow suit. As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment. One particular area that raises perplexing tax issues is the transfer pricing rules. The transfer pricing rules set forth the intercompany price a cloud service provider must charge an affiliate using its cloud services, which ultimately affects the determination of the jurisdiction in which the company’s profits are taxed. This Article ...


Rats, Traps, And Trade Secrets, Elizabeth A. Rowe 2016 University of Florida Levin School of Law

Rats, Traps, And Trade Secrets, Elizabeth A. Rowe

Boston College Law Review

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores ...


Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus 2016 University of Georgia School of Law

Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus

Journal of Intellectual Property Law

No abstract provided.


Book Review: Digital Crime And Forensic Science In Cyberspace (By P. Kanellis, E. Kiountouzis, N. Kolokotronis, And D. Martakos), Gary Kessler 2016 Embry-Riddle Aeronautical University - Daytona Beach

Book Review: Digital Crime And Forensic Science In Cyberspace (By P. Kanellis, E. Kiountouzis, N. Kolokotronis, And D. Martakos), Gary Kessler

Gary C. Kessler

"This book, according to the preface, 'is intended for those who are interested in a critical overview of what forensic science is, care about privacy issues, and wish to know what constitutes evidence for computer crime.' It goes on to say that the specific audiences for which it was written are students in academia and professionals in the industry.

If used carefully, this book does a good job at providing a snapshot of some of the current issues in digital forensics, although perhaps best aimed at information security professionals. It is a collection of 15 chapters written by authors from ...


Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt 2016 Seattle University School of Law

Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt

Seattle University Law Review

This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can ...


Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu 2016 Boston College Law School

Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu

Joseph P. Liu

This casebook emphasizes the essential cases and materials at the heart of copyright law. The result is a streamlined and well-organized casebook of manageable length that keeps the central themes of copyright front and center. It also provides access to a companion Web site containing an extensive library of additional modules, topics, edited cases, notes, problems, and audio-visual materials. Together these materials, along with a companion teacher's manual, allow teachers to easily customize the copyright law course to suit their specific goals. The authors have written extensively about copyright, the arts, and the impact of new technology.


Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce 2016 College of William & Mary Law School

Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce

William & Mary Law Review

No abstract provided.


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