Welcome Address, 2023 DePaul University
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter, 2023 DePaul University
Mechanisms To Reduce Cyber Threats And Risks, 2023 Journal of Police and Legal Sciences
Mechanisms To Reduce Cyber Threats And Risks, Saad Alsuwaileh
Journal of Police and Legal Sciences
Addressing the mechanisms of reducing cyber threats and risks Research Because cyberspace is an important arena for various international interactions, especially in recent times in light of the increase in cyber-attacks between some countries, which affects their national security. In this context, many countries are trying to make an effort to develop their capabilities to be used in any cyber-attack, or to take adequate preventive measures to protect them from any possible cyberattacks, especially in light of the impact of these attacks on vital places and institutions such as banks and ministries or on important facilities such as water and …
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, 2023 Maurer School of Law - Indiana University
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Articles by Maurer Faculty
The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …
An Ml Based Digital Forensics Software For Triage Analysis Through Face Recognition, 2023 National Forensic Sciences University
An Ml Based Digital Forensics Software For Triage Analysis Through Face Recognition, Gaurav Gogia, Parag H. Rughani
Journal of Digital Forensics, Security and Law
Since the past few years, the complexity and heterogeneity of digital crimes has increased exponentially, which has made the digital evidence & digital forensics paramount for both criminal investigation and civil litigation cases. Some of the routine digital forensic analysis tasks are cumbersome and can increase the number of pending cases especially when there is a shortage of domain experts. While the work is not very complex, the sheer scale can be taxing. With the current scenarios and future predictions, crimes are only going to become more complex and the precedent of collecting and examining digital evidence is only going …
How The Blockchain Undermined Digital Ownership, 2023 University of Michigan Law School
How The Blockchain Undermined Digital Ownership, Aaron Perzanowski
Washington and Lee Law Review
The shift from a market built around the sale of tangible goods to one premised on the licensing of digital content and services has done significant and lasting damage to the notion of individual ownership. The emergence of blockchain technology, while certainly not necessary to reverse these trends, promised an opportunity to attract investment and demonstrate consumer demand for marketplaces that recognize meaningful digital ownership. Simultaneously, it offered an avenue for alleviating worries about hypothetical widespread reproduction and unchecked distribution of copyrighted works. Instead, many of the most visible blockchain projects in recent years—the proliferation of new cryptocurrencies and the …
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, 2023 Texas A&M University School of Law
Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes
Faculty Scholarship
Online commerce has skyrocketed in recent years, and shoppers are purchasing goods or services online in greater numbers every year. The COVID-19 pandemic has only hastened the trend. One significant aspect of online shopping is the presence of consumer reviews posted by prior purchasers of goods or services, describing their experience with the products, the services and/or the selling merchant. A vast majority of online shoppers say that they rely on these reviews to help inform their purchasing decisions. Positive reviews can be tremendously beneficial to a business’ profitability, whereas negative reviews can be equally detrimental. Users of the internet …
The Future Of Data Protection Enforcement In Canada: Lessons From The Gdpr, 2023 Independent Researcher
The Future Of Data Protection Enforcement In Canada: Lessons From The Gdpr, Guilda Rostama, Teresa Scassa
Canadian Journal of Law and Technology
Imagine a not-too-distant scenario in which a private sector organization in Canada is investigated by the Privacy Commissioner of Canada jointly with the Commissioners of Quebec, British Columbia (‘‘BC”), and Alberta in relation to complaints that it shared massive quantities of personal data with third parties contrary to its stated practices in its privacy policies. Imagine also that each of the commissioners is empowered under newly amended data protection legislation to issue substantial Administrative Monetary Penalties (‘‘AMPs”). If each of the commissioners finds that its respective laws were breached, should the organization be subject to four different AMPs, or just …
Slouching Toward Regulation: Assessing Bill 88 As A Solution For Workplace Surveillance Harms, 2023 University of Waterloo, Department of Sociology and Legal Studies
Slouching Toward Regulation: Assessing Bill 88 As A Solution For Workplace Surveillance Harms, Danielle E. Thompson, Adam Molnar
Canadian Journal of Law and Technology
Employee monitoring applications (‘‘EMAs”) are proliferating in Canada and provide employers with sophisticated surveillance tools for the monitoring of workers (e.g., on-device video surveillance, browser activity, and email monitoring). In response to concerns about these increasingly invasive surveillance practices, the Government of Ontario passed Bill 88, the Working for Workers Act, 2022, which requires all employers with 25 or more workers to have a written policy stating whether and how they electronically monitor their employees. Bill 88 marks a more explict attempt to regulate workplace surveillance in a modern digital context in Canada; however; however, an analysis of the Bill’s …
When Your Boss Is An Algorithm: Preserving Canadian Employment Standards In The Digital Economy, 2023 Research Specialist and Consultant
When Your Boss Is An Algorithm: Preserving Canadian Employment Standards In The Digital Economy, Fife Ogunde
Canadian Journal of Law and Technology
The platform or ‘‘gig” economy is a rapidly growing economy in Canada. Between 2005 and 2016, the share of gig workers among all workers in Canada rose from 5.5% to 8.2%. These include independent contractors, select freelancers and platform workers. In 2018, 28% of Canadians aged 18 and older reported making money through online platforms. Research by Payments Canada in 2021 showed gig workers as representing more than one in 10 Canadian adults with more than one in three Canadian businesses employing gig workers. As the share of platform workers in the economy has grown, so has the discussion regarding …
The Challenge Designing Intermediary Liability Laws, 2023 University of Calgary, Canada Research Chair–Cybersecurity
The Challenge Designing Intermediary Liability Laws, Emily Laidlaw
Canadian Journal of Law and Technology
The ideal framework for intermediary liability has vexed policymakers since the internet’s commercialization. The quest has taken on a frenzied pace in recent years with intense scrutiny of who they are, what they do and what they should be responsible for. Over the years a theme has emerged from my discussions about intermediaries, and its subset platforms, and it prompts me to explore it as the focus of this article. My question is simple: why is it so difficult for law and policymakers to agree on a regulatory framework?
This article tackles two parts of the regulatory challenge that are …
The Need For Cyber Resilience Of Space Assets: Law And Policy Considerations Of Ensuring Cybersecurity In Outer Space, 2023 University of Ottawa, Faculty of Law
The Need For Cyber Resilience Of Space Assets: Law And Policy Considerations Of Ensuring Cybersecurity In Outer Space, Daniella Febbraro
Canadian Journal of Law and Technology
In 2018, NASA’s Jet Propulsion Laboratory was the subject of a data breach where over 500 megabytes of data from a major mission system was stolen by hackers. This attack affected NASA’s Deep Space Network, prompting the United States Johnson Space Center to disconnect the International Space Station from the affected gateway due to fears that mission systems could become compromised. NASA has acknowledged that its vast online presence, which includes thousands of publicly accessible datasets, offers a large potential target for cybercriminals. The 2018 incident was one of many, with NASA experiencing more than 6000 cyberattacks from 2017-2021 alone. …
Keynote Address, 2023 Duke University
Keynote Address, Sultan Meghji
Washington and Lee Law Review
Keynote address presented virtually at the Washington and Lee Law Review's 54th Annual Lara D. Gass Symposium: The Future of E-Commerce: Is It on a Blockchain? on Friday, March 17, 2023 in Lexington, Virginia.
Digital Property Cycles, 2023 Washington and Lee University School of Law
Digital Property Cycles, Joshua Fairfield
Washington and Lee Law Review
The present downturn in non-fungible token (“NFT”) markets is no cause for immediate alarm. There have been multiple cycles in both the legal and media focus on digital intangible property, and these cycles will recur. The cycles are easily explainable: demand for intangible property is constant, even increasing. The legal regimes governing ownership of these assets are unstable and poorly suited to satisfying the preferences of buyers and sellers. The combination of demand and poor legal regulation gives rise to the climate of fraud that has come to characterize NFTs, but it has nothing to do with the value of …
Mitigating The Legal Challenges Associated With Blockchain Smart Contracts: The Potential Of Hybrid On-Chain/Off-Chain Contracts, 2023 Macquarie University
Mitigating The Legal Challenges Associated With Blockchain Smart Contracts: The Potential Of Hybrid On-Chain/Off-Chain Contracts, Niloufer Selvadurai
Washington and Lee Law Review
Tantamount with the increasing application of blockchain technologies around the world, the use of blockchain-based smart contracts has rapidly risen. In a “smart contract,” computer protocols automatically facilitate, verify, and enforce arrangements made between parties on a blockchain. Such smart contracts offer a variety of commercial benefits, notably immutability and increased efficiency facilitated by removing the need for a trusted intermediary. However, as discussed in recent legal scholarship, it is difficult for smart contracts to uphold certain fundamental principles of contract law. Translating concepts of individual intention and responsibility into the decentralized space of blockchain is problematic. Aggregating such individual …
Tax Reporting As Regulation Of Digital Financial Markets, 2023 Benjamin N. Cardozo School of Law, Yeshiva University
Tax Reporting As Regulation Of Digital Financial Markets, Young Ran (Christine) Kim
Washington and Lee Law Review
FTX’s recent collapse highlights the overall instability that blockchain assets and digital financial markets face. While the use of blockchain technology and crypto assets is widely prevalent, the associated market is still largely unregulated, and the future of digital asset regulation is also unclear. The lack of clarity and regulation has led to public distrust and has called for more dedicated regulation of digital assets. Among those regulatory efforts, tax policy plays an important role. This Essay introduces comprehensive regulatory frameworks for blockchain-based assets that have been introduced globally and domestically, and it shows that tax reporting is the key …
The Internet, Personal Jurisdiction, And Daos, 2023 DeFi Labs, GmbH
The Internet, Personal Jurisdiction, And Daos, Matthew R. Mcguire
Washington and Lee Law Review
Global connectivity is at an all-time high, and sovereign state law has not fully caught up with the technological innovations enabling that connectivity. TCP/IP—the communications protocol allowing computers on different networks to speak with each other—wasn’t adopted by ARPANET and the Defense Data Network until January 1983. That’s only forty years ago. And the World Wide Web wasn’t released to the general public until August 1991, less than thirty-five years ago. The first Bitcoin block was mined on January 3, 2009, less than fifteen years ago.
Legal doctrine doesn’t develop that fast, especially in legal systems heavily based around judicial …
Tax Reporting As Regulation Of Digital Financial Markets, 2023 Benjamin N. Cardozo School of Law
Tax Reporting As Regulation Of Digital Financial Markets, Young Ran (Christine) Kim
Articles
FTX’s recent collapse highlights the overall instability that blockchain assets and digital financial markets face. While the use of blockchain technology and crypto assets is widely prevalent, the associated market is still largely unregulated, and the future of digital asset regulation is also unclear. The lack of clarity and regulation has led to public distrust and has called for more dedicated regulation of digital assets. Among those regulatory efforts, tax policy plays an important role. This Essay introduces comprehensive regulatory frameworks for blockchain-based assets that have been introduced globally and domestically, and it shows that tax reporting is the key …
Genetic Technologies: Patent Protections & The Case For Technology Transfer, 2023 University of Washington School of Law
Genetic Technologies: Patent Protections & The Case For Technology Transfer, Smitha Gundavajhala
Washington Journal of Law, Technology & Arts
Genetic technologies range in scope from agricultural to medical applications. Most recently, during the COVID-19 pandemic, companies like Moderna developed and patented genetic technologies for diagnostic and therapeutic purposes, like the mRNA vaccine. However, patent protection provides these companies with a monopoly that ultimately limits domestic production of generic versions, thus limiting access to life-saving diagnostics and therapeutics. When a company located in one country files a patent for recognition in another country, it effectively places a hold on production of any technologies covered by that patent’s reach, whether that patent is enforced or not. However, the TRIPS Agreement, the …
What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology, 2023 Notre Dame Law School
What You Don’T Know Will Hurt You: Fighting The Privacy Paradox By Designing For Privacy And Enforcing Protective Technology, Perla Khattar
Washington Journal of Law, Technology & Arts
The persistence of the privacy paradox is proof that current industry regulation is insufficient to protect consumer’s privacy. Although consumer choice is essential, we argue that it should not be the main pillar of modern data privacy legislation. This article argues that legislation should aim to protect consumer’s personal data in the first place, while also giving internet users the choice to opt-in to the processing of their information. Ideally, privacy by design principles would be mandated by law, making privacy an essential component of the architecture of every tech-product and service.