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Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung HUI, Seung Hyun KIM, QIU-HONG WANG 2017 Singapore Management University

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 ...


Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon 2017 Penn State Law

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 2017 Boston College Law School

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 2017 University of Maine School of Law

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 2017 Pepperdine University

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 2017 Seton Hall University School of Law

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 2017 University of California, Davis, School of Law

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 2017 Baruch College, Zicklin School of Business

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 ...


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons 2017 Boston College Law School

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Net Neutrality’S Path To The Supreme Court: Chevron And The “Major Questions” Exception, Daniel A. Lyons 2017 Boston College Law School

Net Neutrality’S Path To The Supreme Court: Chevron And The “Major Questions” Exception, Daniel A. Lyons

Daniel Lyons

No abstract provided.


How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons 2017 Boston College Law School

How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Investment Treaties Are About Justice, Frank J. Garcia 2017 Boston College Law School

Investment Treaties Are About Justice, Frank J. Garcia

Frank J. Garcia

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of investment capital.


Websites As Facilities Under Ada Title Iii, Ryan C. Brunner 2017 Duke Law

Websites As Facilities Under Ada Title Iii, Ryan C. Brunner

Duke Law & Technology Review

Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies to websites that offer services to the public, but this debate may be resolved in the coming years by litigation or Department of Justice regulations. Assuming for the sake of argument that Title III will eventually be applied to websites, the next inquiry is what that application should look like. The regulatory definition of “facilities” should be amended to include nonphysical places ...


Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon 2017 Fordham University School of Law

Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon

Fordham Law Review

Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly ...


Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael 2017 DePaul University College of Law

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King 2017 College of William & Mary Law School

Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King

William & Mary Law Review

No abstract provided.


Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones 2017 Duke Law

Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones

Duke Law & Technology Review

Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums calling into question who may control speech and forecast its impact, the circuit courts have granted public schools broad authority to monitor, and punish, their students for online activity that occurs off-campus. The Supreme Court recently declined the opportunity to reverse this disturbing trend by denying certiorari for Bell v. Itawamba County. As a result, questions remain unanswered regarding students’ right to ...


Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik 2017 Boston College Law School

Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik

Boston College Law Review

On April 29, 2016, in Yershov v. Gannett Satellite Information Network, Inc. (“Yershov II”), the U.S. Court of Appeals for the First Circuit held that the Video Privacy Protection Act (“VPPA”) of 1988 extended to a free application provider who disclosed its users’ GPS coordinates, phone identification numbers, and video histories to a data analytics company. In a similar case, the U.S. Court of Appeals for the Eleventh Circuit held that the VPPA did not apply because the relationship was too weak to render the user a “subscriber” under the Act. The U.S. Court of Appeals for ...


Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies 2017 Roger Williams University School of Law

Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies

Life of the Law School (1993- )

No abstract provided.


The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio 2017 College of William & Mary Law School

The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio

William & Mary Business Law Review

States have reacted to the rise of Internet commerce as any governmental body would, with a “hungry eye” for increased tax revenue. Despite the Supreme Court’s holding in Quill, and constitutional limitations on state tax jurisdiction, states have developed their own nexus statutes that run afoul of the Court’s bright-line physical presence rule. What is more, “brick and mortar” establishments interested in “leveling the playing field” with their high-tech competition wholeheartedly support the states in their endeavor. In proposing the Marketplace Fairness Act (MFA), a bill intended to restore state sovereignty regarding sales and use tax laws, Congress ...


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