Internet Law Commons^™

Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick

Faculty Scholarship at Penn Law

Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.

This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews ...

“The Internet Of Buildings”: Insurance Of Cyber Risks For Commercial Real Estate, Thomas D. Hunt

Oklahoma Law Review

No abstract provided.

Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo

Faculty Scholarship at Penn Law

Paul Baran’s seminal 1964 article “On Distributed Communications Networks” that first proposed packet switching also advanced an underappreciated vision of network architecture: a lattice-like, distributed network, in which each node of the Internet would be homogeneous and equal in status to all other nodes. Scholars who have subsequently embraced the concept of a lattice-like network approach have largely overlooked the extent to which it is both inconsistent with network theory (associated with the work of Duncan Watts and Albert-László Barabási), which emphasizes the importance of short cuts and hubs in enabling networks to scale, and the actual way, the ...

Defining And Regulating Cryptocurrency: Fake Internet Money Or Legitimate Medium Of Exchange?, Susan Alkadri

Duke Law & Technology Review

Digitalization makes almost everything quicker, sleeker, and more efficient. Many argue cryptocurrency is the future of money and payment transfers. This paper explores how the unique nature of cryptocurrencies creates barriers to a strict application of traditional regulatory strategies. Indeed, state and federal regulators remain uncertain if and how they can regulate this cutting-edge technology. Cryptocurrency businesses face difficulty navigating the unclear regulatory landscape, and consumers frequently fall prey to misinformation. To reconcile these concerns, this paper asserts cryptocurrency functions as “currency” or “money” and should be treated as such for regulatory purposes. It also proposes each state implement a ...

Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews

Fordham Law Review

Social media has changed the way people conduct their day-to-day lives, both socially and professionally. Prior to the proliferation of social media, it was easier for people to keep their work lives and social lives separate if they so wished. What social media has caused people to do in recent years is to blend their personal and professional personas into one. People can choose to fill their LinkedIn connections with both their clients and their college classmates, they can be Facebook friends with their coworkers right along with their neighbors, and they can utilize social media sites to market themselves ...

Is The First Amendment Obsolete?, Tim Wu

Michigan Law Review

The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government.

Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on ...

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate ...

Whole-Of-Society Approach Needed Against Truth Decay, Eugene K. B. Tan

Research Collection School Of Law

In an age of pervasive informationflows, governments do not defeat fake news. It's the people as a society whodo.The threatof deliberate falsehoods, or more popularly "fake news", posesserious threats to the democratic wellbeing of societies. The marketplace ofideas increasingly suffers from truth decay, propagated online or offline,imperilling an already vulnerable information ecosystem. In turn,this compromises the functioning of a democracy, which is premised on citizenshaving a shared reality rather than multiple distorted realities.

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips

Dickinson Law Review

Despite global condemnation, sex trafficking continues to plague our world. Even in developed countries, the problem persists. Technological advancements, like the Internet, have spurred the development of organized sex trafficking networks and have made “transactions” easier. Although law enforcement agencies have tried to adapt their investigative techniques to combat the problem, developments in technology move at a much quicker rate.

Autonomous vehicles (AVs) will present a new set of challenges for law enforcement agencies in the fight against sex trafficking. In the not-too-distant future, AVs, or “self-driving cars,” will dominate the roadways. An AV will be completely aware of the ...

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies ...

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it ...

Territorialization Of The Internet Domain Name System, Marketa Trimble

Pepperdine Law Review

Territorialization of the internet—the linking of the internet to physical geography—is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who—for various reasons— either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the trend toward territorialization has affected the internet Domain Name System (DNS). As a hallmark of cyberspace governance that aimed to be detached from the territorially-partitioned governance of ...

Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo

San Diego International Law Journal

This Article will step through the drafting process and compare bazaar and cathedral modes of drafting to determine if a bazaar mode can efficiently produce a legal instrument that crosses legal regimes. As the title suggests, the bazaar process analysis case will be the GNU General Public License version 3 (the GPLv3) Revision Process. A comparison of the advantages and disadvantages of the bazaar mode of drafting to the cathedral mode of drafting will hopefully demonstrate the overall value of a transnational bazaar process like the GPLv3 Revision Process.

Mining For Children’S Data In Today’S Digital World, Damin Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Introduction, Annette Clark

Seattle University Law Review

Introductory remarks given by Dean Annette Clark at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.”

Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The panel is moderated by Seattle University School of Law Professor Gregory Silverman, and discusses the forthcoming book Robotica, by David M. Skover and Ronald K. L. Collins. The panelists are Bruce E. H. Johnson, Helen Norton, and David M. Skover.

Panel 2: Accountability For The Actions Of Robots, Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, Blake Hannaford

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law” discussing human control and Artificial Intellegence learning. The panel participants are Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, and Blake Hannaford.

Keynote Address, Ryan Calo

Seattle University Law Review

Transcript of the keynote address at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The keynote address is presented by Ryan Calo and discusses the current status of artificial intelligence learning, and how this current status is moving toward robotic singularity.

Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh

Seattle University Law Review

Artificial intelligence is playing an increasingly larger role in all sectors of society, including policing. Many police departments are already using artificial intelligence (AI) to help predict and identify suspicious persons and places.1 Increased computational power and oceans of data have given rise to inferences about violence and threats.2 AI will change policing just as it will healthcare, insurance, commerce, and transportation. But what questions should we ask about AI and policing?