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Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring 2018 Boston College Law School

Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring

Diane M. Ring

A review of Michael Hatfield, Cybersecurity and Tax Reform, 93 Ind. L.J., scheduled to be published in Spring 2018.


Trademark Issues Relating To Digitalized Flavor, John T. Cross 2018 University of Louisville School of Law

Trademark Issues Relating To Digitalized Flavor, John T. Cross

Yale Journal of Law and Technology

Over the past three decades, most people have become accustomed to dealing with music, film, photography, and other expressive media stored in digital format. However, while great strides have been made in digitalizing what we see and hear, there has been far less progress in digitalizing the other senses. This lack of progress is especially evident for the chemical senses of smell and taste. However, all this may soon change. Recently, several groups of researchers have commenced various projects that could store odors and flavors in a digital format, and replicate them for humans.


Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers 2018 Yale Law School

Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers

Yale Journal of Law and Technology

There has been increasing interest in the transformative power of not only crypto-currencies like Bitcoin, but also the technology underlying them-namely blockchain. To the uninitiated, a blockchain is a sophisticated, distributed online ledger that has the potential, according to Goldman Sachs, to "change 'everything."' From making businesses more efficient to recording property deeds to engendering the growth of 'smart' contracts, blockchain technology is now being investigated by a huge range of organizations and is attracting billions in venture funding. Even the U.S. Defense Advanced Research Projects Agency (DARPA) is investigating blockchain technology to "create an unhackable messaging system."


Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm 2018 University of Pennsylvania Law School

Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm

Yale Journal of Law and Technology

This article examines some of the inherent inequities that

exist for music vocalists under the United States Copyright Act and related music industry practices, due to the limited scope of protection given to sound recordings and the absence of an express inclusion of nondramatic music performance as a protected work under Section 102(a). It argues for expansion of the rights afforded to include, for music vocalists with respect to nondramatic works, an inalienable copyright, separate from the sound recording copyright, based upon a sole right of authorship in their performance as an applied composition, once fixed. It also argues ...


Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund 2018 Yale Law School

Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund

Yale Journal of Law and Technology

Under existing law, social media information communicated through behind password -protected pages receives no reasonable expectation of privacy. The Note argues that the Fourth Amendment requires a greater degree of privacy protection for social media data. Judicial and legislative activity provides indicia of a willingness to reconsider citizens' reasonable expectation of privacy and reverse an anachronistic equation of privacy with secrecy.
Government monitoring of private social media pages constitutes a deeply invasive form of surveillance and, if government agents employ covert tactics to gain access to private social media network s, then the Fourth Amendment controls government use of that ...


Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn 2018 Professor, Melbourne Law School, University of Melbourne

Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn

Yale Journal of Law and Technology

The transfer of data across borders support s trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives such as national security, public morals or public order, and privacy. Such domestic measures create potential concerns under both international trade law and international investment law. Accordingly, recent trade and investment negotiations such as the Trans-Pacific Partnership Agreement (TPP) include specific provisions mandating the permissibility of cross-border data transfer and prohibiting data localization in certain ...


Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B van de Velde, N Bol, B van Es, C de Vreese 2018 Institute for Information Law, University of Amsterdam

Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B Van De Velde, N Bol, B Van Es, C De Vreese

Yale Journal of Law and Technology

Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products,
information, and people; they increasingly customize our physical environments, including the temperature and the mood .


Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati 2018 Georgetown University

Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati

Yale Journal of Law and Technology

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore whether respondents can distinguish native advertising and "regular" ads from unpaid content, using 16 native ads, 5 ''regular" ads, and 8 examples of news / editorial content, drawn from multiple sources and plat forms. Overall, only 37% of respondents thought that the tested examples of native
advertising were paid content, compared to 81% for "regular" advertising, with variation ...


When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen 2018 University of Oregon School of Law

When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen

Yale Journal of Law and Technology

Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees' hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing bad actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees' paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2018 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


Is The License Still The Product?, Robert W. Gomulkiewicz 2018 University of Washington School of Law

Is The License Still The Product?, Robert W. Gomulkiewicz

Articles

The Supreme Court rejected the use of patent law to enforce conditional sales contracts in Impression Products v. Lexmark. The case appears to be just another step in the Supreme Court’s ongoing campaign to reset the Federal Circuit’s patent law jurisprudence. However, the decision casts a shadow on cases from all federal circuits that have enforced software licenses for more than 20 years and potentially imperils the business models on which software developers rely to create innovative products and to bring those products to market in a variety of useful ways.

For over two decades, we could say ...


Is Tricking A Robot Hacking?, Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno, David O'Hair 2018 University of Washington School of Law

Is Tricking A Robot Hacking?, Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno, David O'Hair

Tech Policy Lab

The authors of this essay represent an interdisciplinary team of experts in machine learning, computer security, and law. Our aim is to introduce the law and policy community within and beyond academia to the ways adversarial machine learning (ML) alter the nature of hacking and with it the cybersecurity landscape. Using the Computer Fraud and Abuse Act of 1986—the paradigmatic federal anti-hacking law—as a case study, we mean to evidence the burgeoning disconnect between law and technical practice. And we hope to explain what is at stake should we fail to address the uncertainty that flows from the ...


Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall 2018 John Marshall Law School

Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall

The John Marshall Journal of Information Technology & Privacy Law

Social media is about sharing information. If you are a parent, often the tendency is to relate every aspect of your children’s lives. Most of the time, children do not consent to postings about them and will have a permanent digital shadow created by their parents that follows them the rest of their lives. The purpose of this article is to analyze the current status and potential future of children’s online privacy from a comparative legal approach, highlighting recent case law in the United Kingdom, which is trending toward carving out special privacy rights for children. This contrasts ...


Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla McKinnon 2018 John Marshall Law School

Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla Mckinnon

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert 2018 John Marshall Law School

Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart 2018 University of Colorado Law School

Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart

Articles

When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s ...


Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden 2018 University of Colorado Law School

Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Articles

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?


United States V. Lambis: A Good Call For Cellphones, Cell-Site Simulators, And The Fourth Amendment, Kathryn E. Gardner 2018 University of Oklahoma College of Law

United States V. Lambis: A Good Call For Cellphones, Cell-Site Simulators, And The Fourth Amendment, Kathryn E. Gardner

Oklahoma Law Review

No abstract provided.


Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong 2018 Professor of Law, University of Cincinnati College of Law

Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong

Faculty Articles and Other Publications

The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive ...


Results May Vary, Susan Nevelow Mart 2018 University of Colorado Law School

Results May Vary, Susan Nevelow Mart

Articles

No abstract provided.


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