Internet Law Commons^™

Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang

Research Collection School Of Information Systems

In this paper, we estimate the impact of enforcing the Convention on Cybercrime (COC) on deterring distributed denial of service (DDOS) attacks. Our data set comprises a sample of real, random spoof-source DDOS attacks recorded in 106 countries in 177 days in the period 2004-2008. We find that enforcing the COC decreases DDOS attacks by at least 11.8 percent, but a similar deterrence effect does not exist if the enforcing countries make a reservation on international cooperation. We also find evidence of network and displacement effects in COC enforcement. Our findings imply attackers in cyberspace are rational, motivated by ...

Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum

Georgia Journal of International & Comparative Law

No abstract provided.

Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard

Catholic University Journal of Law and Technology

This note argues that the current framework that governs health care applications and consumer privacy is slacking and out outlines strategies to ensure protection against third party accessibility of information that consumers deem private.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel

Catholic University Journal of Law and Technology

The article focuses on two Supreme Court decisions, King v. Burwell and FCC v. Fox Televisions Stations, Inc., that provide diametrically different models for how deferential a court should be when it reviews administrative action. The former case addresses how deferential a court should be for an agency’s statutory interpretation of an ambiguous statute for a question that has significant economic and political effects but Congress had not expressly delegated the question to the agency. The latter case addresses how deferential a court should be when an agency’s changes a policy that is within its statutory authority. These ...

Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini

Catholic University Journal of Law and Technology

No abstract provided.

Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin

Catholic University Journal of Law and Technology

337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders. Because of the international impacts of Section 337 and the injunctive nature of its remedies, the application of the statute has profound impacts on the trade between U.S. and other countries.

China is a country that has enormous trade with the U.S and imports large amounts of goods to the U.S. each year. Moreover, the weak intellectual property protection in China has ...

Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary, Christopher Terry

Catholic University Journal of Law and Technology

Following the appearances of presidential candidates Donald Trump, Bernie Sanders and Hillary Clinton on episodes of Saturday Night Live, local television affiliates were required to upload documents related to the appearances to the FCC’s online public file database. After discussing the FCC’s database, the Bona Fide News Exception and the modern application of Section 315’s Equal Time Requirements, this study examines the compliance by the local NBC affiliates in the top 100 television markets with the public file requirements for candidate appearances and subsequent equal time requests as a test of station compliance with the requirements of ...

#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu

Catholic University Journal of Law and Technology

No abstract provided.

Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin

Catholic University Journal of Law and Technology

No abstract provided.

Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross

Catholic University Journal of Law and Technology

This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial ...

Yet Another French Exception: The Legal, Cultural, And Political Dimensions Of France’S Support For The Digital Right To Be Forgotten, Zarine Kharazian

Undergraduate Honors Theses

In 2015, the European Court of Justice established an online “right to be forgotten” in Europe. Under this right to be forgotten, individuals may request that search engines delist links that reference their personal information from search results. Search engines need not grant these requests, but they are now obligated to review them.

While the Court's decision to establish the right to be forgotten certainly ignited a debate among Western privacy scholars and policymakers hailing from both sides of the Atlantic, no country has participated in the debate with as much fervor as has France. This thesis addresses the ...

Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon

Penn State Journal of Law & International Affairs

No abstract provided.

Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam

Boston College International and Comparative Law Review

In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe Harbor Agreement and, on July 26, 2000, the European Commission formally recognized the agreement as compliant with the Data Protection Directive in its Safe Harbor Decision. In 2013, U.S. data protection standards were once again placed under the microscope when Edward Snowden leaked information ...

Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy

Maine Law Review

In MacDermid, Inc. v. Deiter, the Second Circuit held that a Connecticut court may exercise personal jurisdiction over a defendant who allegedly used a computer in Canada to remotely access a computer server located in Connecticut in order to misappropriate proprietary, confidential electronic information belonging to a Connecticut corporation. This Note argues that, given the factual elements before the court, MacDermid was an unsurprising, orthodox, and proper holding in the context of personal jurisdiction jurisprudence. However, the facts in MacDermid, and the corresponding limits inherent in the Second Circuit’s holding, reveal potentially gaping holes in our modern personal jurisdiction ...

Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza

Pepperdine Law Review

Defamatory comments on social media have become commonplace. When the online community is outraged by some event, social media users often flood the Internet with hateful and false comments about the alleged perpetrator, feeling empowered by their numbers and anonymity. This wave of false and harmful information about an individual’s reputation has caused many individuals to lose their jobs and suffer severe emotional trauma. This Comment explores whether the target of social media backlash can bring a successful defamation claim against the users who have destroyed their reputations on and offline. Notably, one of the biggest hurdles these plaintiffs ...

Internet Tv: (Hopefully) Coming To A Computer Screen Near You, Nicholas Pellegrino

Seton Hall Circuit Review

No abstract provided.

Tomorrow's Inheritance: The Frontiers Of Estate Planning Formalism, David Horton

Boston College Law Review

The rules that govern the creation of an estate plan are in flux. Courts once demanded strict adherence to the Wills Act. Yet, this legacy of hyper-vigilance is waning, as the Uniform Probate Code, the Restatement (Third) of Property, and ten states have adopted the harmless error rule. Meanwhile, trusts, which need not comply with the Wills Act, have eclipsed wills as the dominant method of posthumous wealth transmission. This Article explores three budding topics that threaten to further complicate this area. First, there are anecdotal accounts of decedents trying to make electronic wills. In both strict compliance and harmless ...

Regulating Fantasy Sports: A Practical Guide To State Gambling Laws, And A Proposed Framework For Future State Legislation, Marc Edelman

Indiana Law Journal

In recent months, the legal status of fantasy sports has undergone intense scrutiny, with the attorneys general of many states contending that certain formats of daily fantasy sports violate state gambling laws. In an effort to save the burgeoning daily fantasy sports industry, legislators in these states have proposed bills to affirmatively legalize and regulate daily fantasy sports. However, these bills often fail to adequately address the underlying consumer protection concerns pertaining to the industry.

This Article analyzes how U.S. states currently regulate the fantasy sports marketplace and proposes a framework for future state laws to effectively regulate both ...