The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, 2023 DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Google Dorking Or Legal Hacking: From The Cia Compromise To Your Cameras At Home, We Are Not As Safe As We Think, 2023 Brooklyn Law School
Google Dorking Or Legal Hacking: From The Cia Compromise To Your Cameras At Home, We Are Not As Safe As We Think, Star Kashman
Washington Journal of Law, Technology & Arts
This article addresses the issue of Google Dorking (“Dorking”): an underestimated, overlooked computer-crime technique utilized by hackers, cyberstalkers, and cybercriminals alike. Google Dorking is the specialized use of the Google Search engine which can be used to uncover sensitive data unintentionally exposed to the public online. Dorking can be beneficial and harmless when used by innocent researchers, journalists, and curious users. But it can be incredibly harmful if utilized by malicious actors. Dorking is behind notorious and infamous computer crimes that appear vastly different on the surface, such as a sextortion case involving over a hundred women including Miss Teen …
Human-Centered Design To Address Biases In Artificial Intelligence, 2023 Vanderbilt University Law School
Human-Centered Design To Address Biases In Artificial Intelligence, Ellen W. Clayton, You Chen, Laurie L. Novak, Shilo Anders, Bradley Malin
Vanderbilt Law School Faculty Publications
The potential of artificial intelligence (AI) to reduce health care disparities and inequities is recognized, but it can also exacerbate these issues if not implemented in an equitable manner. This perspective identifies potential biases in each stage of the AI life cycle, including data collection, annotation, machine learning model development, evaluation, deployment, operationalization, monitoring, and feedback integration. To mitigate these biases, we suggest involving a diverse group of stakeholders, using human-centered AI principles. Human-centered AI can help ensure that AI systems are designed and used in a way that benefits patients and society, which can reduce health disparities and inequities. …
The Data Trust Solution To Data Sharing Problems, 2023 University of North Texas
The Data Trust Solution To Data Sharing Problems, Kimberly A. Houser, John W. Bagby
Vanderbilt Journal of Entertainment & Technology Law
A small number of large companies hold most of the world’s data. Once in the hands of these companies, data subjects have little control over the use and sharing of their data. Additionally, this data is not generally available to small and medium enterprises or organizations who seek to use it for social good. A number of solutions have been proposed to limit Big Tech “power,” including antitrust actions and stricter privacy laws, but these measures are not likely to address both the oversharing and under-sharing of personal data. Although the data trust concept is being actively explored in the …
The Death Of The Legal Subject, 2023 NYU Law
The Death Of The Legal Subject, Katrina Geddes
Vanderbilt Journal of Entertainment & Technology Law
The law is often engaged in prediction. In the calculation of tort damages, for example, a judge will consider what the tort victim’s likely future earnings would have been, but for their particular injury. Similarly, when considering injunctive relief, a judge will assess whether the plaintiff is likely to suffer irreparable harm if a preliminary injunction is not granted. And for the purposes of a child custody evaluation, a judge will consider which parent will provide an environment that is in the best interests of the child.
Relative to other areas of law, criminal law is oversaturated with prediction. Almost …
Perceiving Critical Infrastructure With A New Awareness Of Cyber Risk, 2023 Schulich School of Law, Dalhousie University
Perceiving Critical Infrastructure With A New Awareness Of Cyber Risk, Duncad Card
Canadian Journal of Law and Technology
North America’s critical infrastructure has been the subject of cyber-attack, in various cycles of activity, for many years. In March of 2017, a cyber-attack caused periodic ‘‘blind-spots” for electricity distribution grid operators in the Western US for about 10 dangerous hours. In May of this year, there was panic at the gas pumps across many States in southeastern United States, which has been attributed to a cyber-attack on a major US pipeline that disrupted fuel supplies to the US East coast. US Commerce Secretary Raimondo soon after that attack announced that those sorts of attacks are becoming more frequent and …
Copyright Throughout A Creative Ai Pipeline, 2023 Peter A. Allard School of Law, University of British Columbia
Copyright Throughout A Creative Ai Pipeline, Sancho Mccann
Canadian Journal of Law and Technology
Consider the following fact pattern.
Alex paints some original works on canvas and posts photos of them online. Becca downloads those images and uses them to train an AI (training configures the AI’s model parameters to useful values). Becca posts the resulting trained parameter values on her website under a license that reserves to Becca the right to use the parameters commercially. Cory uses those parameter values in a program that is designed to produce artwork. Cory clicks create and the program produces a work. This work is new to Cory, but it looks a lot like one of Alex’s …
Book Review Rethinking The Jurisprudence Of Cyberspace, 2023 National University of Ireland Maynooth
Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan
Canadian Journal of Law and Technology
It is a common claim that law is always catching up with technology. This is not entirely fair. The European Union’s General Data Protection Regulation1 (GDPR) could be viewed as a case of technology having to catch up to the law. That said, clearly there are challenges in law and in the legal profession, both in terms of how the law can adapt to changes in the digital world and the disruption of the legal profession. On the former point, there are perhaps three broad schools of thought: existing law is sufficient for adapting to new technological challenges, as it …
Crispr, Like Any Other Technology: Shedding Determinism & Reviving Athens, 2023 Osgoode Hall Law School, York University
Crispr, Like Any Other Technology: Shedding Determinism & Reviving Athens, Jon Khan
Canadian Journal of Law and Technology
This article examines current narratives surrounding CRISPR (clustered regularly interspaced short palindromic repeats) and the current Canadian treatment of this novel biotechnology. It argues that Canada’s current approach to genetic research and CRISPR appear to have succumbed to the false narrative of technological determinism. It argues that Canada must buck the narrative and alter the current status quo in two principal ways: Canada should pursue more somatic CRISPR clinical trials in humans and permit pre-clinical germline editing. To design a regulatory regime for clinical germline editing and better guidance on somatic CRISPR clinical trials, Canada should engage Deliberative Polling to …
Digital Surveillance Of Covid-19: Privacy And Equity Considerations, 2023 Dalhousie University, Schulich School of Law
Digital Surveillance Of Covid-19: Privacy And Equity Considerations, Elaine Gibson, Cal Dewolfe, Ilana Luther
Canadian Journal of Law and Technology
In this paper, we examine the potentially deleterious effects of surveillance on vulnerable Canadians. A wide range of digital surveillance technologies have either been deployed or considered for deployment both in Canada and around the world in response to the international emergency created by the COVID-19 pandemic. Some of these technologies are highly effective in predicting or identifying individual cases and/or outbreaks; others assist in tracing contacts or enforcing compliance with quarantine and isolation measures. However, there are necessarily risks associated with their deployment. First are the infringements on privacy rights of citizens and groups. Second, these technologies run the …
Harmful Speech And The Covid-19 Penumbra, 2023 Osgoode Hall Law School, York University
Harmful Speech And The Covid-19 Penumbra, Kenneth Grad, Amanda Turnbull
Canadian Journal of Law and Technology
We make two central claims in this essay. First, the themes of malinformation have remained remarkably consistent across pandemics. What has changed is only the manner of their spread through evolving technologies and globalization. Thus, as with pandemic preparedness more generally, our failure to take proactive measures reflects a failure to heed the lessons of the past. Second, we argue that the COVID-19 pandemic presents a unique opportunity to tackle online falsehoods and mitigate their impact in the future.
We proceed in three parts. Part one addresses the harmful speech that inevitably follows in pandemic’s wake. We illustrate this through …
Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, 2023 Schulich School of Law, Dalhousie University
Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, Richard Zuroff
Canadian Journal of Law and Technology
In November of 2020, the Privacy Commissioner of Canada proposed creating GDPR-inspired rights for decision subjects and allowing financial penalties for violations of those rights. Shortly afterward, the proposal to create a right to an explanation for algorithmic decisions was incorporated into Bill C-11, the Digital Charter Implementation Act. This commentary proposes that creating duties for operators to properly select and supervise artificial agents would be a complementary, and potentially more effective, accountability mechanism than creating a right to an explanation. These duties would be a natural extension of employers’ duties to properly select and retain human employees. Allowing victims …
The Adverse Human Rights Impacts Of Canadian Technology Companies: Reforming Export Control With The Introduction Of Mandatory Human Rights Due Diligence, 2023 Schulich School of Law, Dalhousie University
The Adverse Human Rights Impacts Of Canadian Technology Companies: Reforming Export Control With The Introduction Of Mandatory Human Rights Due Diligence, Siena Anstis, Rj Reid
Canadian Journal of Law and Technology
Netsweeper, a Canadian company, has produced and sold Internet-filtering technology to authoritarian regimes abroad. According to public research from the Citizen Lab, this technology has been used to censor religious content in Bahrain, information on Rohingya refugees in Myanmar and India, political campaign content in United Arab Emirates, and information on HIV/AIDS in Kuwait. This article considers how Canadian export control law deals with technologies that negatively impact human rights abroad and identifies a gap in the existing export control scheme. We suggest this gap could be closed by adopting a proactive human rights due diligence requirement on companies seeking …
If A Machine Could Talk, We Would Not Understand It: Canadian Innovation And The Copyright Act’S Tpm Interoperability Framework, 2023 Schulich School of Law, Dalhousie University
If A Machine Could Talk, We Would Not Understand It: Canadian Innovation And The Copyright Act’S Tpm Interoperability Framework, Anthony D. Rosborough
Canadian Journal of Law and Technology
This analysis examines the legal implications of technological protection measures (‘‘TPMs”) under Canada’s Copyright Act. Through embedded computing systems and proprietary interfaces, TPMs are being used by original equipment manufacturers (‘‘OEMs”) of agricultural equipment to preclude reverse engineering and follow-on innovation. This has anti-competitive effects on Canada’s ‘‘shortline” agricultural equipment industry, which produces add-on or peripheral equipment used with OEM machinery. This requires interoperability between the interfaces, data formats, and physical connectors, which are often the subject of TPM control. Exceptions under the Act have provided little assistance to the shortline industry. The research question posed by this analysis is: …
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, 2023 Pepperdine University
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Pepperdine Law Review
The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …
The Security And Cyber Defence Realities And Difficulties In Algeria, 2023 Journal of Police and Legal Sciences
The Security And Cyber Defence Realities And Difficulties In Algeria, Kada Aicha
Journal of Police and Legal Sciences
This research paper aims to shed light on the digital challenge faced by Algeria as it enters the world of the knowledge society, which qualifies it to achieve cybersecurity and cyber defense against various forms and types of security threats, including cyber threats. The researcher used an analytical approach to understand the phenomenon under study and trace its causes, in addition to a case study method to study all aspects of the studied phenomenon and identify the characteristics of the case study - Algeria was chosen as the analysis unit. The study concluded several important results, including:
The deficiency of …
Artificial Intelligence Mechanisms In Countering Violent Extremism, 2023 Journal of Police and Legal Sciences
Artificial Intelligence Mechanisms In Countering Violent Extremism, Ammar Al-Babli
Journal of Police and Legal Sciences
The research idea revolves around the mechanisms of artificial intelligence in monitoring and combating extremist groups' dissemination of bad, misleading ideas, destructive ideologies, fake images, and videos, especially those related to terrorism and extremism. Artificial intelligence can be used to confront violent extremism on social media platforms. Social media companies widely use artificial intelligence in their efforts to remove and ban terrorist content from their platforms. The research includes threats arising from cyberspace, such as terrorism, promotion, recruitment, exploitation, and hate speech, to random email, as the ultimate goal of terrorists is to undermine societies and political systems by generating …
Proactive Scientific Forecasting Of Cyber Threats, 2023 Journal of Police and Legal Sciences
Proactive Scientific Forecasting Of Cyber Threats, Mohamed Badrat
Journal of Police and Legal Sciences
The cyber globalization has brought about significant transformations in human life. Despite supporting the goals of sustainable development, contributing to the exchange of ideas and beliefs, blending cultures and knowledge, and promoting the trade of goods and services among different peoples of the world, it poses threats to privacy and reduces security. Unethical behaviors and cyber crimes have been prevalent in this widespread and interconnected world, replacing traditional crimes with electronic ones. With the evolution of globalization and technological advancement, cyber threats undermine all avenues of progress and prosperity.
The study adopted a descriptive-analytical methodology to describe and study the …
“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, 2023 University of Washington School of Law
“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho
Washington Journal of Law, Technology & Arts
With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …
Table Of Contents, 2023 University of Washington School of Law