Open Access. Powered by Scholars. Published by Universities.®

Computer Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3253 Full-Text Articles 2893 Authors 1259977 Downloads 99 Institutions

All Articles in Computer Law

Faceted Search

3253 full-text articles. Page 7 of 82.

The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella 2016 Brooklyn Law School

The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured ...


Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian 2016 Brooklyn Law School

Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian

Brooklyn Journal of Corporate, Financial & Commercial Law

As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.


Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon 2016 Brooklyn Law School

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional ...


“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts 2016 Brooklyn Law School

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they ...


Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’S Potential To Improve Health Care Access, Hana Sahdev 2016 Boston College Law School

Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’S Potential To Improve Health Care Access, Hana Sahdev

Boston College Law Review

Telemedicine services, such as virtual consultations and remote patient monitoring, are revolutionizing health care delivery. The Patient Protection and Affordable Care Act of 2010 (“ACA”) promotes the use of technology in health care reform as a means to increase quality and access while reducing costs. Despite the excitement around telemedicine, the lack of Medicare reimbursement hinders access and innovation. This Note analyzes the utilization of telemedicine to promote health care access for Medicare beneficiaries, and argues that legislative and regulatory changes are needed to reconcile current Medicare policies with the ACA’s encouragement of using telemedicine services. Specifically, this Note ...


Should Youtube’S Content Id Be Liable For Misrepresentation Under The Digital Millennium Copyright Act?, Laura Zapata-Kim 2016 Boston College Law School

Should Youtube’S Content Id Be Liable For Misrepresentation Under The Digital Millennium Copyright Act?, Laura Zapata-Kim

Boston College Law Review

YouTube has quickly become the dominant player in the Internet video sharing platform market. To keep its leading position, it created an internal automated system to police potential copyright infringements known as Content ID. Generally, that system functions similarly to third-party computer automated systems that send takedown requests, yet it is exempt from liability for removing lawful videos under a safe harbor provided by the Digital Millennium Copyright Act of 1998 (“DMCA”). Although some industry experts first championed Content ID, many now question whether it unfairly favors copyright holders and YouTube itself at the expense of content creators and the ...


Mobilizing User-Generated Content For Canada’S Digital Content Advantage, Samuel E. Trosow, Jacquelyn Burkell, Nick Dyer-Witheford, Pamela J. McKenzie, Michael B. McNally, Caroline Whippey, Lola Wong 2016 The University of Western Ontario

Mobilizing User-Generated Content For Canada’S Digital Content Advantage, Samuel E. Trosow, Jacquelyn Burkell, Nick Dyer-Witheford, Pamela J. Mckenzie, Michael B. Mcnally, Caroline Whippey, Lola Wong

Jacquelyn Burkell

The goal of the Mobilizing User-Generated Content for Canada’s Digital Content Advantage project is to define User-Generated Content (UGC) in its current state, identify successful models built for UGC, and anticipate barriers and policy infrastructure needed to sustain a model to leverage the further development of UGC to Canada's advantage.

This poster session is based on the report, Mobilizing User-Generated Content For Canada’s Digital Advantage (http://ir.lib.uwo.ca/fimspub/21/) and is related to the Brown Bag presentation also presented on March 23, 2011 (http://ir.lib.uwo.ca/fimspres/11/).


Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo 2016 University of Pennsylvania Law School

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

Faculty Scholarship

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the ...


Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll 2016 Villanova University School of Law

Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll

Michael W. Carroll

In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that ...


Creative Commons And The New Intermediaries, Michael W. Carroll 2016 Villanova University School of Law

Creative Commons And The New Intermediaries, Michael W. Carroll

Michael W. Carroll

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic ...


Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley 2016 Selected Works

Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley

Christine Haight Farley

The author demonstrates how problematic the convergences between Internet technology, the demands of a burgeoning e-market, and trademark laws have created a myriad of issues in international governance of domain names. While the Internet Corporation for Assigned Names and Numbers (“ICANN”) has been tasked with resolving some of the most problematic information ownership issues in e-commerce, she demonstrates that current changes in domain name registries ignore the real world problems posed by these convergences.


Introduction, Tracy Mitrano 2016 University of Massachusetts - Amherst

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano

Tracy Mitrano

The San Bernardino iPhone case burst on the scene as I was nearing the completion of this manuscript. I could not have imagined a better scenario to sum up the issues of free speech, privacy, intellectual property and security than this case. Not least because the San Bernardino Apple iPhone case generated considerable public interest and policy debate in the United States and abroad. At stake are issues such as the balance between national security and personal privacy, tensions between global technology companies and domestic law enforcement, and the potential supremacy of technology -- particularly encryption -- over traditional notions of public ...


Chapter Four: Information Security, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Four: Information Security, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Chapter One: Free Speech, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter One: Free Speech, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Chapter Two: Privacy, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Two: Privacy, Tracy Mitrano

Tracy Mitrano

"Free speech" and "privacy" operate as integral, essential supporting values that underpin the missions of colleges and universities in the United States. Chapter One focused attention on free speech. Many of the same arguments could be made by and for privacy. It would be interesting to subject the same content about free speech to a global "find and replace" function for the applicable legal and policy points between them! Nonetheless, US law separates these two areas. Therefore, this chapter will focus on privacy law in particular: government surveillance and consumer privacy. Both subsets of privacy law, I will argue, have ...


Chapter Three: Intellectual Property, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Three: Intellectual Property, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Title Page, Tracy Mitrano 2016 University of Massachusetts - Amherst

Title Page, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Conclusion, Tracy Mitrano 2016 University of Massachusetts - Amherst

Conclusion, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Designing Laboratories For Small Scale Digital Device Forensics, Richard P. Mislan, Tim Wedge 2016 Assistant Professor, Cyber Forensics Lab, Department of Computer & Information Technology, College of Technology, Purdue University

Designing Laboratories For Small Scale Digital Device Forensics, Richard P. Mislan, Tim Wedge

Annual ADFSL Conference on Digital Forensics, Security and Law

The ubiquity of small scale digital devices (SSDD), the public’s ever increasing societal dependence on SSDD, and the continual presence of SSDD at all types of crime scenes, including non-technical and violent crimes, demand a formalized curriculum for the education and training of future cyber forensic examiners. This paper presents the various SSDD forensics labs currently in use and under development for future use at the Purdue University Cyber Forensics Laboratory. The primary objective of each module is to provide specific real-world cases for the learning, comprehension, and understanding of hands-on investigative techniques and methodologies. The purpose of this ...


Digital Commons powered by bepress