The Survey On Cross-Border Collection Of Digital Evidence By Representatives From Polish Prosecutors’ Offices And Judicial Authorities, 2021 Police Academy in Szczytno, Poland
The Survey On Cross-Border Collection Of Digital Evidence By Representatives From Polish Prosecutors’ Offices And Judicial Authorities, Paweł Olber Dr
Journal of Digital Forensics, Security and Law
Dynamic development of IT technology poses new challenges related to the cross-border collection of electronic evidence from the cloud. Many times investigators need to secure data stored on foreign servers directly and then look for solutions on how to turn the data into a legitimate source of evidence. To study the situation and propose solutions, I conducted a survey among Polish representatives of public prosecutors' offices and courts. This paper presents information from digital evidence collection practices across multiple jurisdictions. I stated that representatives from the prosecution and the judiciary in Poland are aware of the issues associated with cross-border …
Risky Fine Print: A Novel Typology Of Ethical Risks In Mobile App User Agreements, 2021 Villanova University Charles Widger School of Law
Risky Fine Print: A Novel Typology Of Ethical Risks In Mobile App User Agreements, Bar Fargon Mizrahi
Villanova Law Review
No abstract provided.
It's Time To Reform The U.S. Vulnerabilities Equities Process, 2021 Penn State Dickinson Law
It's Time To Reform The U.S. Vulnerabilities Equities Process, Amy Gaudion
Faculty Scholarly Works
No abstract provided.
Towards Cnl-Based Verbalization Of Computational Contracts, 2021 Singapore Management University
Towards Cnl-Based Verbalization Of Computational Contracts, Inari Listenmaa, Maryam Hanafiah, Regina Cheong, Andreas Kallberg
Centre for Computational Law
We present a CNL, which is a component of L4, a domain-specific programming language for drafting laws and contracts. Along with formal verification, L4’s core functionalities include natural language generation. We present the NLG pipeline and an interactive process for ambiguity resolution.
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, 2021 University of Michigan Law School
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Shenanigans (Internet Takedown Edition), 2021 UCLA School of Law
Shenanigans (Internet Takedown Edition), Eugene Volokh
Utah Law Review
Protecting one’s own reputation and livelihood—whether protecting it against lies, against opinions, or against the truth—is likely high on many people’s willing-to-lie-for lists. Making money is, too. Yet though I don’t think of myself as naïve on this score, the sheer magnitude and brazenness of these schemes surprised me. My sense is that it surprised many of my colleagues. Perhaps it surprised you. And this reminder of just how common fraud can be might help keep us alert to shenanigans in many other fields as well— and might help us design systems that deal better with such risks.
Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, 2021 University of San Diego
Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo
Dissertations
In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.
To address …
Information Privacy In An Age Of Invisible Shopper Tracking: Who Will Pay The Price For Stores Of The Future?, 2021 Georgia State University College of Law
Information Privacy In An Age Of Invisible Shopper Tracking: Who Will Pay The Price For Stores Of The Future?, Kristin Harripaul
Georgia State University Law Review
Explosive growth in technology has brought a unique opportunity to the doors of brick-and-mortar retail—a nearly $3.38 trillion industry struggling to regain relevance among modern, digitally enabled shoppers. Specifically, in-store analytics, or shopper tracking technologies, are allowing these retailers to better compete with online stores by tapping into consumer data unprecedented in the brick-and-mortar context. With these technologies, stores now have access to detailed metrics, like consumer dwell times, journeys, product engagement, product views, and demographic data such as age and gender, which can be used to optimize store operations and marketing and promotions.
Recent events, however, including a string …
An Economical Method For Securely Disintegrating Solid-State Drives Using Blenders, 2021 Akamai Technologies Inc.
An Economical Method For Securely Disintegrating Solid-State Drives Using Blenders, Brandon J. Hopkins Phd, Kevin A. Riggle
Journal of Digital Forensics, Security and Law
Pulverizing solid-state drives (SSDs) down to particles no larger than 2 mm is required by the United States National Security Agency (NSA) to ensure the highest level of data security, but commercial disintegrators that achieve this standard are large, heavy, costly, and often difficult to access globally. Here, we present a portable, inexpensive, and accessible method of pulverizing SSDs using a household blender and other readily available materials. We verify this approach by pulverizing SSDs with a variety of household blenders for fixed periods of time and sieve the resulting powder to ensure appropriate particle size. Among the 6 household …
Widening The Lens On Content Moderation, 2021 Technology, Law & Security Program
Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, 2021 William & Mary Law School
Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff
William & Mary Bill of Rights Journal
The recent proliferation of data breaches is one such event requiring a rethreading of standing doctrine. The Courts of Appeal are currently split on whether to allow or deny standing for data breach plaintiffs—those persons seeking recourse from the entities that fell victim to the breach and therein lost plaintiffs’ data to an unknown third party. Standing requires plaintiffs to show some injury, and how courts approach the concept of injury in these data breach cases determines whether plaintiffs will survive the standing analysis. Despite the disparate treatment of litigants across the circuits, the Supreme Court has repeatedly punted when …
Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, 2021 University of Windsor
Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, Paul J. Baillargeon
Major Papers
We are now living in age where algorithms, and the data that feed them, govern a wide variety of decisions in our lives: not just search engines and personalized Netflix suggestions, but educational evaluations, stock market trades and political campaigns, the urban planning, and even how social services like welfare and public safety are managed. Heterogeneous lists like this have become the norm in any critical examination of algorithms, giving the impression of a ubiquitous relevance of algorithms. But algorithms can make mistakes that directly affect individuals and often contain both implicit and explicit biases. The technical complexity of algorithms, …
Transparency's Ai Problem, 2021 Texas A&M University School of Law
Transparency's Ai Problem, Hannah Bloch-Wehba
Faculty Scholarship
A consensus seems to be emerging that algorithmic governance is too opaque and ought to be made more accountable and transparent. But algorithmic governance underscores the limited capacity of transparency law—the Freedom of Information Act and its state equivalents—to promote accountability. Drawing on the critical literature on “open government,” this Essay shows that algorithmic governance reflects and amplifies systemic weaknesses in the transparency regime, including privatization, secrecy, private sector cooptation, and reactive disclosure. These deficiencies highlight the urgent need to reorient transparency and accountability law toward meaningful public engagement in ongoing oversight. This shift requires rethinking FOIA’s core commitment to …
Computational Complexity And Tort Deterrence, 2021 Georgetown University Law Center
Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Standard formulations of the economic model of tort deterrence constitute the injurer as the unboundedly rational bad man. Unbounded rationality implies that the injurer can always compute the solution to his care-taking problem. This in turn implies that optimal liability rules can provide robust deterrence, for they can always induce the injurer to take socially optimal care. In this paper I examine the computational complexity of the injurer's care-taking problem. I show that the injurer's problem is computationally tractable when the precaution set is unidimensional or convex, but that it is computationally intractable when the precaution set is multidimensional and …
Outsourcing Privacy, 2021 Professor of Law and Computer Science and Director, Center for Law, Innovation, and Creativity, Northeastern University School of Law and Khoury College of Computer Sciences. PhD, Columbia University; JD, Harvard Law School
Outsourcing Privacy, Ari Ezra Waldman
Notre Dame Law Review Reflection
An underappreciated part of the narrative of privacy managerialism—and the focus of this Essay—is the information industry’s increasing tendency to outsource privacy compliance responsibilities to technology vendors. In the last three years alone, the International Association of Privacy Professionals (IAPP) has identified more than 250 companies in the privacy technology vendor market. These companies market their products as tools to help companies comply with new privacy laws like the General Data Protection Regulation (GDPR), with consent orders from the Federal Trade Commission (FTC), and with other privacy rules from around the world. They do so by building compliance templates, pre-completed …
Introduction, 2021 John P. Murphy Foundation Professor of Law, Notre Dame Law School; Director, Notre Dame Technology Ethics Center
Introduction, Mark P. Mckenna
Notre Dame Law Review Reflection
Julie Cohen’s Between Truth and Power is, as Orly Lobel writes, a “dazzling tour de force” that “asks us to consider the new ways powerful actors extract valuable resources for gain and dominance.” As she has done so frequently, Cohen takes an incredibly complex story and weaves together a comprehensive narrative that changes the entire framing of legal questions. Agree or disagree with her diagnoses, no one who seriously engages this book will ever think about regulation in the information economy the same way.
In January 2020 (seemingly a lifetime ago, given what 2020 would bring), we gathered leading thinkers …
Biopolitical Opportunities: Between Datafication And Governance, 2021 Warren Distinguished Professor of Law, University of San Diego
Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel
Notre Dame Law Review Reflection
Julie Cohen’s dazzling tour de force Between Truth and Power asks us to consider the new ways powerful actors extract valuable resources for gain and dominance. Cohen in particular warns that “the universe of personal data as a commons [is] ripe for exploitation.” Cohen writes that “if protections against discrimination, fraud, manipulation, and election interference are to be preserved in the era of infoglut, regulators will need to engage more directly with practices of data-driven, algorithmic intermediation and their uses and abuses.” I read Between Truth and Power as not only a compelling account of the contemporary transformations of law …
Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, 2021 University of Hull
Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile
Seattle Journal of Technology, Environmental & Innovation Law
The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide by …
When Does A Cyber Crime Become An Act Of Cyber Warfare, 2021 University of Nebraska at Omaha
When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson
Theses/Capstones/Creative Projects
Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.
Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and …
The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, 2021 Candidate for Juris Doctor, Notre Dame Law School, 2022
The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor
Notre Dame Law Review
Schrems II invalidated Privacy Shield because the court found that it did not provide an “essentially equivalent” level of protection compared to the guarantees of the GDPR. The National Security Agency (NSA) operated surveillance programs that had the potential to infringe on the rights of EU subjects, and there was a lack of oversight and effective judicial remedies to protect rights of EU data subjects, which undermined Privacy Shield as a mechanism for data transfers. This Note sets aside the surveillance and national security issue, which would require resolution through a shift in overall U.S. national security law, and instead …