Duke Law
University of Florida Levin College of Law
Boston University School of Law
University of Nebraska - Lincoln
University of Michigan Law School
John Marshall Law School
Seton Hall Law
Osgoode Hall Law School of York University
The Ftc And Ai Governance: A Regulatory Proposal,
2020
Seattle University School of Law
The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro
Seattle Journal of Technology, Environmental & Innovation Law
No abstract provided.
Measuring Trademark Dilution By Tarnishment,
2020
Maurer School of Law - Indiana University, Indiana University
Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein
Indiana Law Journal
The law of trademark tarnishment—a type of trademark dilution—is in disarray. The
basic definition is deceptively simple. Trademark tarnishment occurs when a junior
mark harms the reputation of a substantially similar existing senior trademark by
associating itself with something perverse or deviant. However, it turns out that
Congress and the courts disagree over the prima facie evidence necessary to prove
its existence. The problem is that federal law and related legal principles are simply
ill-equipped to adequately analyze this unique market-driven doctrine. To make
matters worse, legal scholars cannot even agree on whether trademark tarnishment
can empirically exist ...
The Indiscretion Of Friends: Fourth Amendment Concerns About The Ability To Predict A Person’S Online Social Activity By Monitoring Her Contacts,
2020
University of Minnesota Law School
The Indiscretion Of Friends: Fourth Amendment Concerns About The Ability To Predict A Person’S Online Social Activity By Monitoring Her Contacts, George M. Dery Iii
Minnesota Journal of Law, Science & Technology
No abstract provided.
Search Engines And Global Takedown Orders: Google V Equustek And The Future Of Free Speech Online,
2020
Thomson Rivers University
Search Engines And Global Takedown Orders: Google V Equustek And The Future Of Free Speech Online, Robert Diab
Osgoode Hall Law Journal
The Supreme Court’s decision in Google v Equustek (2017) to uphold a global content takedown order remains controversial and consequential to wider debates about governing the internet. This commentary examines the Court’s underlying assumption – a common view in takedown jurisprudence – that where a portal directs a critical mass of users to a harmful site, it facilitates harm and no longer engages in valuable speech. This ran contrary to the Court’s more considered view of links in Crookes v Newton (2011) as a form of mere reference and valuable per se for enabling the internet as a public ...
Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act,
2020
Duke Law
Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula
Duke Law & Technology Review
No abstract provided.
Eu Crypto Currency Regulation: Creating A Haven For Businesses Or For Criminals?,
2020
University of Georgia School of Law
Eu Crypto Currency Regulation: Creating A Haven For Businesses Or For Criminals?, Blake Hamil
Georgia Journal of International & Comparative Law
No abstract provided.
Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content,
2020
Seattle University School of Law
Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content, Heather Wilson
Seattle Journal of Technology, Environmental & Innovation Law
For America’s children, the amount of screen time they consume has not changed much over the years. Children under eight have steadily spent about two hours a day in front of a screen, with those under age two averaging 42 minutes a day. Children from low-income families spend roughly an hour and forty minutes longer in front of a screen. According to the American Academy of Pediatrics, screen time should be limited to two hours a day for children ages two to five; whereas, for those youngest children—under two years—they recommend zero screen time.
While the average ...
From Inactivity To Full Enforcement: The Implementation Of The "Do No Harm" Approach In Initial Coin Offerings,
2020
University of Zurich
From Inactivity To Full Enforcement: The Implementation Of The "Do No Harm" Approach In Initial Coin Offerings, Marco Dell'erba
Michigan Technology Law Review
This Article analyzes the way the Securities and Exchange Commission (“SEC”) has enforced securities laws with regard to Initial Coin Offerings (“ICOs”). In a speech held in 2016, the U.S. Commodities Futures Trading Commission (“CFTC”) Chairman Christopher Giancarlo emphasized the similarities between the advent of the blockchain technology and the Internet era. He offered the “do no harm” approach as the best way to regulate blockchain technology. The Clinton administration implemented the “do no harm” approach at the beginning of the Internet Era in the 1990s when regulators sought to support technological innovations without stifling them with burdensome rules ...
The Cost Of Big Data: Evaluating The Effects Of The European Union’S General Data Protection Regulation,
2020
University of Tennessee, Knoxville
The Cost Of Big Data: Evaluating The Effects Of The European Union’S General Data Protection Regulation, Kara Rebecca White
Chancellor’s Honors Program Projects
No abstract provided.
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be),
2020
Boston University School of Law
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron
Michigan Law Review
Review of Nick Drnaso's Sabrina.
From Securities To Cybersecurity: The Sec Zeroes In On Cybersecurity,
2020
Boston College Law School
From Securities To Cybersecurity: The Sec Zeroes In On Cybersecurity, Rebecca Rabinowitz
Boston College Law Review
Cybersecurity is one of the gravest threats facing public companies, the markets, and the economy at large today. Because of this pressing threat, the SEC has increased its attention to cybersecurity. In 2018 interpretive guidance, consistent with the mandatory disclosure regime established by federal securities regulation, the SEC stipulated that public companies have a duty to disclose those cybersecurity risks and incidents that are material to investors. The 2018 guidance added little, however, and instead parroted earlier guidance from the SEC’s Division of Corporation Finance. Moreover, the SEC itself has been plagued by cybersecurity problems. This Note asserts that ...
The Common Law Of Cyber Trespass,
2020
Brooklyn Law School
The Common Law Of Cyber Trespass, Michael J. O'Connor
Brooklyn Law Review
Right now, if executives in California and Virginia each bribe a competitor’s disloyal employee to steal a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA), the Government can charge one executive but not the other. Courts decide these cases differently due to the widening circuit split over the CFAA term “without authorization.” Neither the Supreme Court nor Congress has shown interest in resolving the split over authorization. Even more concerning is the suggestion that they can’t resolve it; the statute addresses too many potential scenarios for a single definition to ...
Family Secrets And Relational Privacy: Protecting Not-So-Personal, Sensitive Information From Public Disclosure,
2020
William H. Bowen School of Law, University of Arkansas Little Rock
Family Secrets And Relational Privacy: Protecting Not-So-Personal, Sensitive Information From Public Disclosure, J. Lyn Entrikin
University of Miami Law Review
This Article seeks to map contemporary relational privacy issues in the context of the evolving “right of privacy” in the United States. Generally, the Article explains why the so-called “personal” right of informational privacy, whatever its legal foundations, cannot be realistically confined to an individual right given the dramatic scientific and technological developments in the twenty-first century. In particular, the Article proposes that both state and federal law must grapple with the inherently relational nature of privacy interests with respect to DNA profiles, which inherently implicate the privacy interests of one’s biological relatives, whether known or unknown.
Part I ...
Taxation Of Electronic Gaming,
2020
Texas Tech University School of Law
Taxation Of Electronic Gaming, Bryan T. Camp
Washington and Lee Law Review
At a doctrinal level, the subject of this Article is timely. During this time of the coronavirus pandemic, casinos have been closed and large populations have been subject to stay-home orders from local and state authorities. One can reasonably expect a large increase in electronic gaming and thus an increased need for proper consideration of its taxation. This Article argues for a cash-out rule of taxation.
At a deeper level, the subject of this Article is timeless. Tax law is wickedly complex for a reason. This Article explores that complexity using the example of electronic gaming. It grapples with the ...
To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?,
2020
University of Oklahoma College of Law
To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Mary Aswad
Washington and Lee Law Review
Global social media platforms are grappling with whether to align their corporate speech codes with international human rights law. Facebook’s June 2019 report that summarized worldwide feedback about its proposed independent oversight board for content moderation noted a split in stakeholder opinions on this topic. The UN’s top expert on freedom of expression as well as many civil society members recommended that Facebook anchor its content moderation in the international human rights law regime. Others expressed concern that this legal regime would not be sufficiently protective of speech and contained inconsistencies that create problems for content moderation.
Those ...
Morrison And Cryptocurrencies: Is It Time To Revisit The Extraterritorial Application Of Rule 10b-5?,
2020
University of Georgia School of Law
Morrison And Cryptocurrencies: Is It Time To Revisit The Extraterritorial Application Of Rule 10b-5?, Eleanor B. Eastham
Georgia Journal of International & Comparative Law
No abstract provided.
The Data Market: A Proposal To Control Data About You,
2020
Southern Methodist University
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
SMU Data Science Review
The current legal and economic infrastructure facilitating data collection practices and data analysis has led to extreme over-collection of data and the overall loss of personal privacy. Data over-collection has led to a secondary market for consumer data that is invisible to the consumer and results in a person's data being distributed far beyond their knowledge or control. In this paper, we propose a Data Market framework and design for personal data management and privacy protection in which the individual controls and profits from the dissemination of their data. Our proposed Data Market uses a market-based approach utilizing blockchain ...
Merging Sports Gambling And Technology: What’S Really Going To Happen?,
2020
Southern Methodist University, Dedman School of Law
Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison
Science and Technology Law Review
No abstract provided.
Front Matter,
2020
Southern Methodist University
Internet Architecture And Disability,
2020
University of Colorado Law School
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive ...
