Small Business Cybersecurity: A Loophole To Consumer Data,
2022
St. Mary's University School of Law
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the ...
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence,
2022
University of Cincinnati College of Law
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof
University of Cincinnati Law Review
No abstract provided.
"Sexual Activity": What Qualifies Under 18 U.S.C. § 2422?,
2022
Boston College Law School
"Sexual Activity": What Qualifies Under 18 U.S.C. § 2422?, Max Doherty
Boston College Law Review
On May 13, 2021, in United States v. Dominguez, the U.S. Court of Appeals for the Eleventh Circuit joined a pre-existing circuit split regarding the meaning of “sexual activity” under 18 U.S.C. § 2422 and whether that term requires physical contact between the defendant and the victim. The statute prohibits individuals from coercing or enticing others to participate in illegal sexual activity, including when the victim is a minor. The U.S. Court of Appeals for the Fourth and Seventh Circuits previously reached opposite interpretations of the phrase’s meaning. The court in Dominguez agreed with the Fourth ...
Ransomware, Cyber Sanctions, And The Problem Of Timing,
2022
New England Law | Boston
Ransomware, Cyber Sanctions, And The Problem Of Timing, Christine Abely
Boston College Law Review
This essay argues that the lack of a federal blanket prohibition against ransomware payments undermines the purpose and effectiveness of the U.S. sanctions regime. The U.S. cyber-related sanctions program suffers from an essential problem of timing: often payments to malicious cyber actors are not prohibited until those actors have been named to the Specially Designated Nationals and Blocked Persons List (SDN) maintained by the Office of Foreign Assets Control in the U.S. Department of the Treasury. Yet those actors generally are not so designated until they have been identified as malicious through a completed or attempted attack ...
A Hacker “May” Have Accessed Your Data: Can Victims Of Data Breaches Sue Before Alleging Misuse?,
2022
Boston College Law School
A Hacker “May” Have Accessed Your Data: Can Victims Of Data Breaches Sue Before Alleging Misuse?, John Landzert
Boston College Law Review
On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, the United States Court of Appeals for the Eleventh Circuit held that the mere existence of a data breach is insufficient to grant plaintiffs standing to sue the company that exposed their personal information. By doing so, the Eleventh Circuit aligned itself with the Second, Third, Fourth, and Eighth Circuits. In contrast, the Sixth, Seventh, Ninth, and D.C. Circuits have granted standing in such cases. This Comment argues that the Eleventh Circuit properly applied Supreme Court jurisprudence at the time it decided Tsao and, in light of ...
There's No Place Like Dot-Com: Are Websites Places Of Public Accommodation Under Title Iii Of The Ada?,
2022
Boston College Law School
There's No Place Like Dot-Com: Are Websites Places Of Public Accommodation Under Title Iii Of The Ada?, Michele Astor-Pratt
Boston College Law Review
On April 7, 2021, in Gil v. Winn-Dixie Stores, Inc., the U.S. Court of Appeals for the Eleventh Circuit held that websites are not places of public accommodation pursuant to Title III of the Americans with Disabilities Act. Before the Eleventh Circuit vacated its decision in December 2021, it joined the majority of circuit courts in a split regarding whether Congress intended Title III to apply to websites and other non-physical places. The First, Second, and Seventh Circuits considered Title III’s language broad or ambiguous enough to include web-sites. Conversely, the Third, Fifth, Sixth, Ninth, and Eleventh Circuits ...
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts,
2022
University of Cincinnati College of Law
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities,
2022
American University Washington College of Law
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca J. Hamilton
Boston College Law Review
Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platform-enabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social ...
Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021),
2022
DePaul University College of Law
Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Andy Warhol Foundation V. Goldsmith,
2022
DePaul University College of Law
Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions,
2022
DePaul University College of Law
Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms,
2022
DePaul University College of Law
Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance,
2022
DePaul University
Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance, Anthony Volini, Farzana Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Local Community Standard: Modernizing The Supreme Court's Obscenity Jurisprudence,
2022
Liberty University
The Local Community Standard: Modernizing The Supreme Court's Obscenity Jurisprudence, Jacob S. Gordon
Helm's School of Government Conference
Paper presentation on the Supreme Court's outdated case law on obscenity and how it needs to be modernized to in order to combat the dissemination of inappropriate materials in the age of decentralized digital media.
Free Speech On Social Media: Unrestricted Or Regulated?,
2022
Germanna Community College
Free Speech On Social Media: Unrestricted Or Regulated?, Alessandra Garcia Guevara
Student Writing
Social media has evolved into an essential mode of communication in recent years, allowing people to express their thoughts with the audience of their choice by sending private messages, posting their thoughts, or sharing their opinions. Such audiences can come from all over the world because this online technology breaks down geographic, linguistic, and cultural barriers. As a result, social media has evolved into a powerful tool for self-expression, allowing anyone with an Internet connection to participate in global debates. However, its misuse has had disastrous consequences in the real world, such as the attack on the Capitol that occurred ...
Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study.,
2022
Golden Gate University School of Law
Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu
Theses and Dissertations
Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.
Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair ...
Blockchain Land Transfers: Technology, Promises, And Perils,
2022
Singapore Management University
Blockchain Land Transfers: Technology, Promises, And Perils, Vincent Ooi, Kian Peng Soh, Jerrold Tsin Howe Soh
Research Collection School Of Law
The blockchain’s apparent immutability has attracted significant interest on whether it may be relied on for registering and transferring land. Proponents of blockchain-based land systems point toward data security, automated transacting, and improved accessibility as key benefits; critics raise concerns over structural vulnerabilities, such as majority attacks, and inconsistencies with existing legal frameworks. The literature, however, tends to conceptualise blockchain as one monolithic data structure invariably built on the same mechanisms powering Bitcoin. This paper seeks to situate the debate on a closer understanding of the range of blockchain implementations possible. To this end, we provide a detailed technological ...
Pornography Isn't The Problem: A Feminist Theoretical Perspective On The War Against Pornhub,
2022
Boston College Law School
Pornography Isn't The Problem: A Feminist Theoretical Perspective On The War Against Pornhub, Taylor Comerford
Boston College Law Review
Over the last year, Pornhub and its parent company, MindGeek, ignited public outcry against the prevalence of content users posted to their sites featuring sexual violence, nonconsensual pornography, and sex trafficking. Activists, journalists, and legislators allege that Pornhub and similar pornography sites are apathetic toward the victims in these videos and photos while profiting from the ad revenue such content brings to their sites. In December 2021, Senator Josh Hawley proposed the Survivors of Human Trafficking Fight Back Act, proposing to add criminal penalties and a federal cause of action against websites that either post or refuse to remove criminal ...
The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute,
2022
University of Pennsylvania Carey Law School
The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung
Faculty Scholarship at Penn Law
Although most studies of major communications reform legislation focus on the merits of their substantive provisions, analyzing the political dynamics that led to the enactment of such legislation can yield important insights. An examination of the tradeoffs that led the major industry segments to support the Telecommunications Act of 1996 provides a useful illustration of the political bargain that it embodies. Application of a similar analysis to the current context identifies seven components that could form the basis for the next communications statute: universal service, pole attachments, privacy, intermediary immunity, net neutrality, spectrum policy, and antitrust reform. Determining how these ...
The Increased Use And Permanency Of Technology: How Those Changes Impact Attorneys’ Professional Responsibility And Ethical Obligations To Clients And Recommendations For Improvement,
2022
University of Miami Law School
The Increased Use And Permanency Of Technology: How Those Changes Impact Attorneys’ Professional Responsibility And Ethical Obligations To Clients And Recommendations For Improvement, Scott B. Piekarsky
University of Miami Business Law Review
No abstract provided.