Internet Law Commons^™

Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza

University of Arkansas at Little Rock Law Review

A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.

After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of both its ...

Virtual Child Pornography Laws And The Constraints Imposed By The First Amendment, Paula Bird

Barry Law Review

This article seeks to navigate through the complexities involved with the uncertain future of virtual child pornography laws. First, this article sets forth a brief history of the legislative actions and court rulings regarding unprotected speech and virtual child pornography, and discusses the current standing of child pornography laws. Entailed in this discussion will be a vigorous inspection of the current statutes and how they simultaneously affect law enforcement, prosecutors, and defendants. Finally, the potential future of laws regarding virtual child pornography is analyzed, including addressing the issues of how the application and interpretation of the laws are changing and ...

Virtual Child Pornography On The Internet: A “Virtual” Victim?, Dannielle Cisneros

Duke Law & Technology Review

Child pornography is an exception to First Amendment freedoms because it exploits and abuses our nation's youth. The latest trend in that industry is "virtual child" pornography. "Virtual child" pornography does not use real children or images of real identifiable children. When the object of desire is not a child, but merely a combination of millions of computer pixels crafted by a skilled artist, can the government ban this allegedly victimless creation?

Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea

Boston College Law School Faculty Papers

Education officials around the country are grappling with issues surrounding public school teachers’ use of social media. Typically concerned that social media makes it easier for teachers to engage in inappropriate communications with their students, officials have adopted guidelines that prohibit K-12 teachers from using social media to communicate with their students for noncurricular purposes. In addition, teachers are frequently punished for content they or others post on social media even when their students and the school community were not the intended audience. Current doctrine leaves unclear how much authority schools have to restrict their teachers’ use of social media ...

The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman

Duke Law & Technology Review

Due to increasing use of the Internet worldwide, the number of disputes arising from Internet commerce is on the rise. Numerous websites have been established to help resolve these Internet disputes, as well as to facilitate the resolution of disputes that occur offline. This iBrief examines and evaluates these websites. It argues that cyber-mediation is in its early stages of development and that it will likely become an increasingly effective mechanism for resolving disputes as technology advances.

International Cryptography Regulation And The Global Information Economy, Nathan Saper

Northwestern Journal of Technology and Intellectual Property

With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.

This Note seeks to introduce the reader to the issue of international cryptography ...

The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer

The Journal of Business, Entrepreneurship & the Law

In this Paper, we discuss the central benefit of the sharing economy thus far: it has overcome market imperfections without recourse to regulatory bodies prone to capture by entrenched firms. As an introduction to the various issues surrounding this ongoing debate, we begin with an explanation of the sharing economy. Then we review the traditional “consumer protection” rationales for economic regulation and explain why many regulations persist even though their initial justifications are no longer valid. We argue continued application of these outmoded regulatory regimes is likely to harm consumers. In the last section, we explain how the Internet and ...

The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan

Duke Law & Technology Review

Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become ...

A Review Of The Effects Of Violent Video Games On Children And Adolescents, Jodi L. Whitaker, Brad J. Bushman

Washington and Lee Law Review

No abstract provided.

Big Data And Due Process: Toward A Framework To Redress Predictive Privacy Harms, Kate Crawford, Jason Schultz

Boston College Law Review

The rise of “Big Data” analytics in the private sector poses new challenges for privacy advocates. Through its reliance on existing data and predictive analysis to create detailed individual profiles, Big Data has exploded the scope of personally identifiable information (“PII”). It has also effectively marginalized regulatory schema by evading current privacy protections with its novel methodology. Furthermore, poor execution of Big Data methodology may create additional harms by rendering inaccurate profiles that nonetheless impact an individual’s life and livelihood. To respond to Big Data’s evolving practices, this Article examines several existing privacy regimes and explains why these ...