A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), 2023 Seattle University School of Law
A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad
Seattle Journal of Technology, Environmental & Innovation Law
A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, 2023 DePaul University College of Law
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Texas’ War On Social Media: Censorship Or False Flag, 2023 DePaul University College of Law
Texas’ War On Social Media: Censorship Or False Flag, Leni Morales
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), 2023 DePaul University College of Law
Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., 2023 DePaul University College of Law
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Aclu V. Clearview Ai, Inc.,, 2023 DePaul University College of Law
Aclu V. Clearview Ai, Inc.,, Isra Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Enhancing The Battleverse: The People’S Liberation Army’S Digital Twin Strategy, 2023 University of South Florida
Enhancing The Battleverse: The People’S Liberation Army’S Digital Twin Strategy, Joshua Baughman
Military Cyber Affairs
No abstract provided.
What Senior U.S. Leaders Say We Should Know About Cyber, 2023 National Defense University, College of Information and Cyberspace
What Senior U.S. Leaders Say We Should Know About Cyber, Dr. Joseph H. Schafer
Military Cyber Affairs
On April 6, 2023, the Atlantic Council’s Cyber Statecraft Initiative hosted a panel discussion on the new National Cybersecurity Strategy. The panel featured four senior officials from the Office of the National Cyber Director (ONCD), the Department of State (DoS), the Department of Justice (DoJ), and the Department of Homeland Security (DHS). The author attended and asked each official to identify the most important elements that policymakers and strategists must understand about cyber. This article highlights historical and recent struggles to express cyber policy, the responses from these officials, and the author’s ongoing research to improve national security cyber policy.
Operationalizing Deterrence By Denial In The Cyber Domain, 2023 University of South Florida
Operationalizing Deterrence By Denial In The Cyber Domain, Gentry Lane
Military Cyber Affairs
No abstract provided.
The Common Law Inside Social Media, 2023 Brooklyn Law School
The Common Law Inside Social Media, Anita Bernstein
Faculty Scholarship
No abstract provided.
Introduction To The Future Of Remote Work, 2023 University College London
Introduction To The Future Of Remote Work, Nicola Countouris, Valerio De Stefano, Agnieszka Piasna, Silvia Rainone
Articles & Book Chapters
Debates on the future of work have taken a more fundamental turn in the wake of the Covid-19 pandemic. Early in 2020, when large sections of the workforce were prevented from coming to their usual places of work, remote work became the only way for many to continue to perform their professions. What had been a piecemeal, at times truly sluggish, evolution towards a multilocation approach to work suddenly turned into an abrupt, radical and universal shift. It quickly became clear that the consequences of this shift were far more significant and far-reaching than simply changing the workplace’s address. They …
Out Of Sight, Out Of Mind? Remote Work And Contractual Distancing, 2023 University College London
Out Of Sight, Out Of Mind? Remote Work And Contractual Distancing, Nicola Countouris, Valerio De Stefano
Articles & Book Chapters
Since the Covid-19 pandemic, remote work has acquired quasi-Marmite status. It has become difficult, if not impossible, to approach the issue in a measured and dispassionate way, which is one of the reasons books such as the present one are being published. Remote work is often seen as anathema by some who associate it with laziness, low productivity and the degradation of the social fabric of firms and of their creative and collaborative potential. The notorious views of CEOs such as Tesla and Twitter’s Elon Musk or JP Morgan’s Jamie Dimon come to mind, indicative – in the view of …
Mass E-Carceration: Electronic Monitoring As A Bail Condition, 2023 Texas A&M University School of Law
Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin
Faculty Scholarship
Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …
The Perks Of Being Human, 2023 University of Baltimore School of Law
The Perks Of Being Human, Max Stul Oppenheimer
Washington and Lee Law Review Online
The power of artificial intelligence has recently entered the public consciousness, prompting debates over numerous legal issues raised by use of the tool. Among the questions that need to be resolved is whether to grant intellectual property rights to copyrightable works or patentable inventions created by a machine, where there is no human intervention sufficient to grant those rights to the human. Both the U. S. Copyright Office and the U. S. Patent and Trademark Office have taken the position that in cases where there is no human author or inventor, there is no right to copyright or patent protection. …
Between Risk Mitigation And Labour Rights Enforcement: Assessing The Transatlantic Race To Govern Ai-Driven Decision-Making Through A Comparative Lens, 2023 Osgoode Hall Law School of York University
Between Risk Mitigation And Labour Rights Enforcement: Assessing The Transatlantic Race To Govern Ai-Driven Decision-Making Through A Comparative Lens, Valerio De Stefano, Antonio Aloisi
Articles & Book Chapters
In this article, we provide an overview of efforts to regulate the various phases of the artificial intelligence (AI) life cycle. In doing so, we examine whether—and, if so, to what extent—highly fragmented legal frameworks are able to provide safeguards capable of preventing the dangers that stem from AI- and algorithm-driven organisational practices. We critically analyse related developments at the European Union (EU) level, namely the General Data Protection Regulation, the draft AI Regulation, and the proposal for a Directive on improving working conditions in platform work. We also consider bills and regulations proposed or adopted in the United States …
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, 2023 University of Maine School of Law
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny
Maine Law Review
Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …
Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, 2023 KoGuan School of Law, Shanghai Jiao Tong University
Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, Zhining Zhang
Washington Journal of Law, Technology & Arts
The heated discussion stirred up by the U.S. regulatory actions against TikTok continues to this day. The nearly predatory popularity of this Chinese application has raised people’s awareness that the country is in urgent need of a fully developed policy in order to deal with the surge of robust foreign digital platforms.
This article gives the contour of the latest development of theories regarding the foreign tech-platforms regulation. Three contemporary frameworks are reviewed. The first laissez faire paradigm inherits the values of early neoliberalism to prevent a “Splinternet,” but its inaction fails to deal with novel security threats ranging from …
Behind The Scenes Of The 2021 Hollywood Labor Unrest, 2023 University of Washington School of Law
Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely
Washington Journal of Law, Technology & Arts
In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.
If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …
The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, 2023 University of Washington School of Law
The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, Xiang Li
Washington Journal of Law, Technology & Arts
The Biden Administration announced its support for the initiative at the World Trade Organization (WTO) to suspend patent rights protections for COVID-19 vaccines, in the hope of providing equitable and affordable access to the vaccines to low-income countries. Since then, domestic pharmaceutical companies have been voicing vociferous opposition, claiming that “[e]liminating IP protections undermines our global response to the pandemic and compromises safety.”2 Passing a patent waiver at the WTO means eligible member countries can opt to free themselves from the obligations to enforce qualifying patents, and anyone within those countries can accordingly practice the patents without infringement liability. It …
Standing In The Age Of Data Breaches: A Consumer-Friendly Framework To Pleading Future Injury And Providing Equitable Relief To Data Breach Victims, 2023 Brooklyn Law School
Standing In The Age Of Data Breaches: A Consumer-Friendly Framework To Pleading Future Injury And Providing Equitable Relief To Data Breach Victims, John E. Mcloughlin
Brooklyn Law Review
Data breaches have rapidly increased in volume in the United States since the beginning of the twenty-first century. As entities across the United States have increasingly stored personally identifiable information (PII) in online databases, cybercriminals have developed tools to steal and sell stolen PII. This note explores the devastating consequences felt by data breach victims and the uphill battles victims often face in finding legal remedies. Although data breach victims may be at risk of identity theft, they are often barred from taking legal action against the entity that breached their data due to the “injury in fact” requirement under …