Internet Law Commons^™

The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva

IP Theory

No abstract provided.

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...

Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover

Journal of Business & Technology Law

No abstract provided.

Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean

Journal of Business & Technology Law

No abstract provided.

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.

A Commission On A Cyber Mission, Adrian Wilairat

Journal of Business & Technology Law

No abstract provided.

Head In The Clouds, Feet Firmly Grounded In Physical Proof: Emphasis On The Tangible In Actions Against Internet Search Engines And Aggregators, Briehan Moran

Student Scholarship

No abstract provided.

In Search Of The Right Balance: Patco Lays The Foundation For Analyzing The Commercial Reasonableness Of Security Procedures Under Ucc Article 4a, Melissa Waite

Boston College Law Review

On July 3, 2012, in Patco Construction Co. v. People’s United Bank, the First Circuit held that security procedures used to verify electronic funds transfers initiated through online banking were commercially unreasonable. In reaching its decision, the court laid a strong foundation for analyzing commercial reasonableness in future cases. This Comment argues that future courts should build on this analysis by considering recent merger activity when determining the standard against which commercial reasonableness should be measured.

Australia’S 2012 Privacy Act Revisions: Weaker Principles, More Powers, Nigel Waters, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

The Australian Government’s Privacy Amendment (Enhancing Privacy Protection) Act 2012 was enacted on 29 November 2012 but will not commence until March 2014. It contains the first significant amendments to the Privacy Act 1988 since 2001. The whole process took nearly seven years since the Australian Law Reform Commission (ALRC) started work on its privacy reform reference. This article focusses on those aspects of the law which have been changed, for better or worse. We have previously analysed the deficiencies of the Bill in articles and submissions , and the Bill was enacted with none of those deficiencies removed.

The ...

China’S Npc Standing Committee Privacy Decision: A Small Step, Not A Great Leap Forward, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

The Decision of the Standing Committee of the National People’s Congress (NPC Standing Committee) of December 28, 2012 concerning data privacy and the internet (‘2012 Decision’) is the highest level law yet enacted in China to deal specifically with data protection issues. This article analyses that Decision, comparing its content with the MIIT Regulation directed at the same IISPs, and covering much of the same ground (see G Greenleaf ‘China's Internet Data Privacy Regulations 2012: 80 Percent of a Great Leap Forward?’ available at ).

The conclusion is reached that, other than that this Decision comes from the high ...

Singapore’S New Data Protection Authority: Strong Enforcement Powers And Business Risks, Graham Greenleaf

University of New South Wales Faculty of Law Research Series 2013

Singapore’s Ministry of Communications and Information (MCI) has quickly brought into effect on 2 January 2013 the Personal Data Protection Act (PDPA) enacted in October 2012. This article analyses the enforcement aspects of the Act. The data protection principles in the Act are analysed in <http://ssrn.com/abstract=2212608>.

The structure and functions of the Personal Data Protection Commission are explained, and why it is not as an independent statutory authority. The artice examined the various methods of dispute resolution at its disposal; avenues of appeal; the extent of transparency of the complaint and appeals processes and the ...

Right For The Wrong Reasons: The Ninth Circuit Excludes Misappropriation From The Cfaa's Ambit In United States V. Nosal, Andrew Trombly

Boston College Law Review

On April 10, 2012, in United States v. Nosal, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that the Computer Fraud and Abuse Act (“CFAA”) assigns criminal liability only in instances of hacking, not of misappropriation. In reaching this conclusion, the court engendered a split with two other circuits, which had previously held that the CFAA encompasses misappropriation as well as hacking. This Comment argues that, although the Ninth Circuit correctly excluded misappropriation from the CFAA’s ambit, the court’s rationale overlooked a more compelling policy consideration favoring the narrow interpretation: the potential ...

Can We Really Ascribe A Dollar Amount To Interpersonal Communication? How Phonedog V. Kravitz May Decide Who Owns A Twitter Account, Robert J. Kolansky

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

It's A Series Of Tubes: Network Neutrality In The United States And How The Current Economic Environment Presents A Unique Opportunity To Invest In The Future Of The Internet , Andrew Seitz

Journal of the National Association of Administrative Law Judiciary

It is almost an accident that the Internet developed the way it did. In the late 1990's large internet service providers (ISPs), such as AOL, that had their own proprietary networks failed to fully realize that their business model was becoming obsolete, and instead the Internet developed into the open network that it is today. But is an open network the best model for the Internet? Could more of a free market deliver a better product to the consumer? Broadband providers such as AT&T and Verizon believe that in order to give their customers the best product, they ...

Drowning In Codes Of Conduct: An Analysis Of Codes Of Conduct Applying To Online Activity In Australia, Chris Connolly, David Vaile

University of New South Wales Faculty of Law Research Series 2013

With auDA Foundation support, this was the first comprehensive comparison and analysis of the sixteen main Australian Internet Codes of Conduct, using a set of criteria based on best practice in consumer protection.

Initially 10 Codes were considered, growing to a final number of 16 (13 plus three of uncertain status). Researchers conducted interviews and surveys using Best Practice Guidelines for code operation to derive detailed questions, and sought to verify this with feedback and consultation with the operators. An extensive table of results takes up most of the 70 pages, and the introduction sets out some of the issues ...

"The Marvels Of Modern Technology": Constitutional Rights, Technology, And Statutory Interpretation Collide In United States V. Chiaradio, Wilber A. Barillas

Boston College Journal of Law & Social Justice

On July 11, 2012, in United States v. Chiaradio, the U.S. Court of Appeals for the First Circuit held that a defendant possessing child pornography on two networked computers had committed two separate crimes of possession and distribution of child pornography under 18 U.S.C. § 2252(a)(4)(B). The court, however, should have shown restraint in its analysis to avoid creating dangerous precedent. In her concurring opinion, Chief Judge Lynch argued for a narrow holding, emphasizing the statute’s ambiguity as applied to more complex, modern scenarios. The First Circuit’s decision highlights how courts struggle to ...

Searching For "Something More": Viacom Interprets The Control Provision Of The Dmca § 512(C) Safe Harbor, Brett M. Jackson

Boston College Law Review

On April 5, 2012, in Viacom International, Inc. v. YouTube, Inc., the U.S. Court of Appeals for the Second Circuit held that 17 U.S.C. § 512(c)(1)(B) requires a service provider to exert “substantial influence” over user activity to show the requisite control necessary to remove it from safe harbor protection. In doing so, the Second Circuit created a circuit split with the U.S. Court of Appeals for the Ninth Circuit regarding the proper interpretation of the § 512(c)(1)(B) control provision. This Comment argues that, unlike the Ninth Circuit, the Second Circuit rendered ...

Beyond Notice And Choice: Privacy, Norms, And Consent (Forthcoming), Richard Warner, Robert Sloan

Richard Warner

Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission ...

Sue My Car Not Me: Products Liability And Accidents Involving Autonomous Vehicles, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will revolutionize society within the decade. They will cause accidents. Tort liability, however, is not ready for the introduction of autonomous vehicles, and, thus, liability will not be assessed to the party that is responsible for the accident. This Note addresses the liability of autonomous vehicle by examining products liability through the use of four scenarios: the Distracted Driver; the Diminished Capabilities Driver; the Disabled Driver; and the Attentive Driver.

Based on those scenarios, this Note argues that the autonomous technology manufacturer should be liable for accidents while the vehicle is in autonomous mode. This Note suggests that ...