Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, 2012 Faculty of Law, Schulich School of Law, Dalhousie University
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie
Canadian Journal of Law and Technology
The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …
Communications Disruption And Censorship Under International Law: History Lessons, 2012 Dalhousie University Schulich School of Law
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage, 2012 Stockholm University - Faculty of Law
Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage, Johan Axhamn, Lucie Guibault
Articles, Book Chapters, & Popular Press
The ever increasing use of the Internet and of digitisation technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitisation and dissemination of a substantial proportion of the collections held by European cultural institutions may be considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. This study examines whether the Nordic “extended collective licensing” (ECL) model could provide a viable solution to the problems of digitisation and dissemination of …
The Challenge Of "Big Data" For Data Protection, 2012 Indiana University Maurer School of Law
The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Computer-Supported Peer Review In A Law School Context, 2012 University of Pittsburgh School of Law
Computer-Supported Peer Review In A Law School Context, Kevin D. Ashley, Ilya Goldin
Articles
Legal instructors have been urged to incorporate peer reviewing into law school courses as a way to provide students much needed feedback. Peer review can benefit legal education, but only if law school instructors adopt peer review on a large scale, and for that, computer-supported peer review systems are crucial. These web-based systems orchestrate the mechanics of students submitting written assignments on-line and distributing them to other students for anonymous review, making it considerably easier for instructors to manage.
Beyond the problem of orchestrating mechanics, however, a deeper obstacle to widespread acceptance of peer review in legal education is the …
Computable Contracts, 2012 University of Colorado Law School
Computable Contracts, Harry Surden
Publications
This Article explains how and why firms are representing certain contractual obligations as computer data. The reason is so that computers can read and process the substantive aspects of contractual obligations. The representation of contractual obligations in data instead of (or in addition to) the traditional written language form - what this Article calls "data-oriented contracting" - allows for the application of advanced computer processing abilities to substantive contractual obligations. Certain financial contracts exemplify this model. Equity option contracts are routinely represented not as contract documents written in ordinary language - but as data records intended to be processed by …
The Same Song And Dance: F.B.T. Productions, Llc V. Aftermath Records And The Role Of Licenses In The Digital Age Of Copyright Law, 2012 Villanova University Charles Widger School of Law
The Same Song And Dance: F.B.T. Productions, Llc V. Aftermath Records And The Role Of Licenses In The Digital Age Of Copyright Law, John P. Uetz
Villanova Law Review
No abstract provided.
Hacking For Lulzi: Employing Expert Hackers To Combat Cyber Terrorism, 2012 Vanderbilt University Law School
Hacking For Lulzi: Employing Expert Hackers To Combat Cyber Terrorism, Swathi Padmanabhan
Vanderbilt Journal of Entertainment & Technology Law
Because hacking collectives Anonymous and LulzSec have routinely breached supposedly secure computer networks--including Visa, MasterCard, and the Central Intelligence Agency--the threat of cyber terrorism has become more prominent. Many US industries and companies depend on online communication and information storage. If terrorists compromise these capabilities, they could cripple the US economy and perhaps even cause widespread fatalities. Members of Anonymous and LulzSec lack the necessary intent to be prosecuted as cyber terrorists because they hack not to cause fear, but rather to create laughter. Their method of posting all necessary instructions and information regarding intended targets on online message boards …
Patent Litigation And The Internet, 2012 Boston University School of Law
Patent Litigation And The Internet, Samantha Zyontz, John R. Allison, Emerson H. Tiller, Tristan Bligh
Faculty Scholarship
Patent infringement litigation has not only increased dramatically in frequency over the past few decades,1 but also has also seen striking growth in both stakes and cost.2 Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades,3 many interesting questions remain inadequately addressed. The nuances of and trends in patent litigation in different technology fields and industries, for example, are still understudied.4 Litigation of patents on new technologies has likewise received a dearth of attention. Here we seek to help begin …
The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, 2012 Schulich School of Law, Dalhousie University
The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff
Canadian Journal of Law and Technology
This article considers the effectiveness of the present privacy regimes in North America as it relates to the protection of consumer information that is gathered in the ordinary course of business. It is argued that the present moves towards a Privacy by Design approach shows great potential and can gain valuable insights from established doctrines in commercial and consumer protection law. Moreover, it is proposed that the aims of such an approach can be achieved by deeming personal information and behavioral data to be the property of the individual that it pertains to. It is then suggested that a regulatory …
International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, 2012 Schulich School of Law, Dalhousie University
International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel
Canadian Journal of Law and Technology
This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …
Book Review: William F. Patry, How To Fix Copyright, 2012 Schulich School of Law, Dalhousie University
Book Review: William F. Patry, How To Fix Copyright, Graham Reynolds
Canadian Journal of Law and Technology
In How to Fix Copyright, William F. Patry, one of America’s leading experts on copyright, calls for a “top-to-bottom, systemic overhaul” of copyright laws. For a Canadian readership in the midst of our own process of copyright reform, such a call to action is both timely and relevant.
Cybercrime, 2012 Florida A & M University College of Law
Cybercrime, Ronald C. Griffin
Journal Publications
This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.
Search Neutrality As An Antitrust Principle, 2012 University of Michigan Law School
Search Neutrality As An Antitrust Principle, Daniel A. Crane
Articles
Given the Internet's designation as "the great equalizer,"' it is unsurprising that nondiscrimination has emerged as a central aspiration of web governance.2 But, of course, bias, discrimination, and neutrality are among the slipperiest of regulatory principles. One person's bias is another person's prioritization. Fresh on the heels of its initial success in advocating a net neutrality principle,' Google is in the uncomfortable position of trying to stave off a corollary principle of search neutrality.' Search neutrality has not yet coalesced into a generally understood principle, but at its heart is some idea that Internet search engines ought not to prefer …
Sealand, Havenco, And The Rule Of Law, 2011 New York Law School
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
James Grimmelmann
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Expectations Of Privacy In Social Media, 2011 University of Oklahoma College of Law
Expectations Of Privacy In Social Media, Stephen E. Henderson
Stephen E Henderson
This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, 2011 Charleston School of Law
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Jorge R Roig
Front Matter, 2011 Embry-Riddle Aeronautical University
Masthead, 2011 Embry-Riddle Aeronautical University
Back Matter, 2011 Embry-Riddle Aeronautical University