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A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn 2018 Southern Methodist University

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn

Science and Technology Law Review

No abstract provided.


Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick 2018 Southern Methodist University

Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick

Science and Technology Law Review

No abstract provided.


Front Matter, 2018 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman 2018 Brooklyn Law School

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact ...


Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle 2018 Brooklyn Law School

Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle

Brooklyn Law Review

Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the ...


The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay 2018 Boston College Law School

The Naked Truth: Insufficient Coverage For Revenge Porn Victims At State Law And The Proposed Federal Legislation To Adequately Redress Them, Meghan Fay

Boston College Law Review

The distribution of revenge porn is a cyber-bullying phenomenon that has proliferated on the Internet. The nonconsensual sharing of sexually explicit photographs and videos causes irreparable harm to revenge porn victims. The current state of the law, however, does little to redress the damage. Tort claims are often unsuccessful because many victims do not have the resources necessary to initiate a lawsuit. Furthermore, federal law grants operators of revenge porn websites immunity from state tort claims. In an effort to fill this gap in the law, many states have made changes or additions to their criminal statutes. To date, thirty-eight ...


Digital Expungement, Eldar Haber 2018 University of Maryland Francis King Carey School of Law

Digital Expungement, Eldar Haber

Maryland Law Review

No abstract provided.


Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks 2018 Texas A&M University School of Law

Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks

Texas A&M Law Review

In a world full of new technology, the risk of fraud is constantly increasing. In the securities industry, this risk existed long before the use of technology. Congress enacted the Securities Act of 1933 to combat the risk of fraud and misrepresentation in the sale of securities. By requiring full disclosure, investors have the opportunity to make informed decisions prior to investing. However, Distributed Autonomous Organizations (“DAOs”), through the use of blockchains and smart-contracts, engage in the sale of securities without fully disclosing the risks or complying with the registration requirements of the Securities Act of 1933. Compliance with the ...


The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders 2018 SJ Quinney College of Law, University of Utah

The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders

Utah Law Review

In a sense, war has not changed. The end results will always remain the same: death and destruction; even if that destruction is not fully tangible. The results may be instantaneous, or they may be delayed. It is only the means implemented to achieve these destructive ends that evolve. Cyberwarfare is a product of that evolution. Most importantly, we must always remain abreast of evolution and the changes in warfare in order to effectively and efficiently respond to new attacks, and to prevent them as well.

This Note sheds light on recent evolution in warfare. It enlightens the reader of ...


The Face-Off Between Data Privacy And Discovery: Why U.S. Courts Should Respect Eu Data Privacy Law When Considering The Production Of Protected Information, Samantha Cutler 2018 Boston College Law School

The Face-Off Between Data Privacy And Discovery: Why U.S. Courts Should Respect Eu Data Privacy Law When Considering The Production Of Protected Information, Samantha Cutler

Boston College Law Review

When foreign parties involved in U.S. litigation are ordered to produce information that is protected by EU data privacy law, they are caught in an unfortunate “Catch-22.” Historically, U.S. courts have pointed to the unlikelihood of sanctions for data privacy law violations to justify these orders. EU data privacy law, however, has recently undergone several shifts in favor of tougher rules and significantly increased sanctions. Additionally, EU regulators are now more vigilant and active in enforcing these laws. These developments, combined with the benefits of international judicial respect and the intrinsic value of privacy, mean that U.S ...


Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod 2018 Western Carolina University

Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod

University of Miami Law Review

Cyber breaches continue at an alarming pace with new vulnerability warnings an almost daily occurrence. Discovery of the industrial virus Stuxnet during 2010 introduced a global threat of malware focused toward disruption of industrial control devices. By the year 2020, it is estimated that over 30 billion Internet of Things (IoT) devices will exist. The IoT global market spend is estimated to grow from $591.7 billion in 2014 to $1.3 trillion in 2019 with a compound annual growth rate of 17%. The installed base of IoT endpoints will grow from 9.7 billion in 2014 to more than ...


The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano 2018 University of Miami Law School

The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano

University of Miami Law Review

Today’s world runs on data. The creation and improvement of technological products and services depend on the exchange of data between people and companies. As people’s lives become more digitized, companies can collect, store, and analyze more data, and in turn, create better technology. But, because consumer data can be very sensitive (think Social Security numbers, GPS location, fingerprint recognition, etc.) this cyclical exchange comes with serious privacy risks; especially in light of more frequent and sophisticated cyberattacks. This creates a face-off between technological growth and privacy rights. While it makes sense that people should be willing to ...


The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon 2018 University of Cincinnati College of Law

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States ...


The Google Dilemma, James Grimmelmann 2018 University of Maryland - Baltimore

The Google Dilemma, James Grimmelmann

James Grimmelmann

No abstract provided.


Pii In Context: Video Privacy And A Factor-Based Test For Assessing Personal Information, Daniel L. Macioce Jr. 2018 Pepperdine University

Pii In Context: Video Privacy And A Factor-Based Test For Assessing Personal Information, Daniel L. Macioce Jr.

Pepperdine Law Review

As a central concept in American information privacy law, personally identifiable information (PII) plays a critical role in determining whether a privacy violation has occurred. Under the Video Privacy Protection Act of 1988 (VPPA), PII “includes information which identifies a person as having requested or obtained specific video materials or services.” Despite the clarity that these words may have when the Statute was enacted, the line separating PII from non-PII in the context of streaming video is not easily drawn, in part due to the prevalence of behavior tracking technologies and the emergence of “big data” analytics. The First Circuit ...


Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla 2018 Pepperdine University

Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra 2018 Pepperdine University

The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra

The Journal of Business, Entrepreneurship & the Law

The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.


These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich 2018 Duke Law

These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich

Duke Law & Technology Review

Privacy law in the United States has not kept pace with the realities of technological development, nor the growing reliance on the Internet of Things (IoT). As of now, the law has not adequately secured the “smart” home from intrusion by the state, and the Supreme Court further eroded digital privacy by conflating the common law concepts of trespass and exclusion in United States v. Jones. This article argues that the Court must correct this misstep by explicitly recognizing the method by which the Founding Fathers sought to “secure” houses and effects under the Fourth Amendment. Namely, the Court must ...


Technological Opacity & Procedural Injustice, Seth Katsuya Endo 2018 NYU School of Law

Technological Opacity & Procedural Injustice, Seth Katsuya Endo

Boston College Law Review

From Google’s auto-correction of spelling errors to Netflix’s movie suggestions, machine-learning systems are a part of our everyday life. Both private and state actors increasingly employ such systems to make decisions that implicate individuals’ substantive rights, such as with credit scoring, government-benefit eligibility decisions, national security screening, and criminal sentencing. In turn, the rising use of machine-learning systems has led to questioning about whether they are sufficiently accurate, fair, and transparent. This Article builds on that work, focusing on how opaque technologies can subtly erode the due process norm of participation. To illuminate this issue, this Article examines ...


Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger 2018 Boston College Law School

Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger

Boston College Law Review

A growing number of private lawsuits allege that businesses are violating Title III of the Americans with Disabilities Act because their websites are inaccessible to disabled individuals. Courts remain divided, however, on the extent to which commercial websites are covered under Title III. Additionally, the Department of Justice has not promulgated commercial web accessibility regulations—adding further uncertainty to the private enforcement regime. This Note argues that Title III broadly covers commercial websites, but that private enforcement is not positioned to spur lasting, broad-based Title III compliance. It proposes that large-scale litigation, state attorney general action, and state laws should ...


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