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Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood 2016 Notre Dame Law School

Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood

Journal of Legislation

While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S. Congress has nonetheless to date refused to seriously address the root cause of these threats. The root cause is a legally reinforced incentive system that encourages, and further entrenches, top management decisions that provide inadequate resources for, and inadequate top management attention to, information security and ...


Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’S Potential To Improve Health Care Access, Hana Sahdev 2016 Boston College Law School

Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’S Potential To Improve Health Care Access, Hana Sahdev

Boston College Law Review

Telemedicine services, such as virtual consultations and remote patient monitoring, are revolutionizing health care delivery. The Patient Protection and Affordable Care Act of 2010 (“ACA”) promotes the use of technology in health care reform as a means to increase quality and access while reducing costs. Despite the excitement around telemedicine, the lack of Medicare reimbursement hinders access and innovation. This Note analyzes the utilization of telemedicine to promote health care access for Medicare beneficiaries, and argues that legislative and regulatory changes are needed to reconcile current Medicare policies with the ACA’s encouragement of using telemedicine services. Specifically, this Note ...


Should Youtube’S Content Id Be Liable For Misrepresentation Under The Digital Millennium Copyright Act?, Laura Zapata-Kim 2016 Boston College Law School

Should Youtube’S Content Id Be Liable For Misrepresentation Under The Digital Millennium Copyright Act?, Laura Zapata-Kim

Boston College Law Review

YouTube has quickly become the dominant player in the Internet video sharing platform market. To keep its leading position, it created an internal automated system to police potential copyright infringements known as Content ID. Generally, that system functions similarly to third-party computer automated systems that send takedown requests, yet it is exempt from liability for removing lawful videos under a safe harbor provided by the Digital Millennium Copyright Act of 1998 (“DMCA”). Although some industry experts first championed Content ID, many now question whether it unfairly favors copyright holders and YouTube itself at the expense of content creators and the ...


Corporate Privacy Failures Start At The Top, Victoria L. Schwartz 2016 Pepperdine University School of Law

Corporate Privacy Failures Start At The Top, Victoria L. Schwartz

Boston College Law Review

With the rise of big data, numerous corporations are in the privacy business. Yet even corporations not directly in the privacy business must also make important decisions potentially impacting the privacy of their employees, consumers, and shareholders. A wide consensus of scholars and commentators has agreed that corporations fail to adequately protect privacy. The existing scholarship has largely focused on demand-side market failures to explain this privacy failure phenomenon. This Article offers a supply-side market distortion theory that reinforces the existing demand-side explanations to better account for corporate privacy failures. Under this supply-side theory, extensive corporate disclosure requirements, including the ...


Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur 2016 University of Massachusetts School of Law

Negative Portrayal Of Vaccines By Commercial Websites: Tortious Misrepresentation, Donald C. Arthur

University of Massachusetts Law Review

Commercial website publishers use false and misleading information to create distrust of vaccines by claiming vaccines are ineffective and contain contaminants that cause autism and other disorders. The misinformation has resulted in decreased childhood vaccination rates and imperiled the public by allowing resurgence of vaccine-preventable illnesses. This Article argues that tort liability attaches to publishers of commercial websites for foreseeable harm that results when websites dissuade parents from vaccinating their children in favor of purchasing alternative products offered for sale on the websites.


Introduction, Tracy Mitrano 2016 University of Massachusetts - Amherst

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano

Tracy Mitrano

The San Bernardino iPhone case burst on the scene as I was nearing the completion of this manuscript. I could not have imagined a better scenario to sum up the issues of free speech, privacy, intellectual property and security than this case. Not least because the San Bernardino Apple iPhone case generated considerable public interest and policy debate in the United States and abroad. At stake are issues such as the balance between national security and personal privacy, tensions between global technology companies and domestic law enforcement, and the potential supremacy of technology -- particularly encryption -- over traditional notions of public ...


Chapter Four: Information Security, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Four: Information Security, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Chapter One: Free Speech, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter One: Free Speech, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Chapter Two: Privacy, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Two: Privacy, Tracy Mitrano

Tracy Mitrano

"Free speech" and "privacy" operate as integral, essential supporting values that underpin the missions of colleges and universities in the United States. Chapter One focused attention on free speech. Many of the same arguments could be made by and for privacy. It would be interesting to subject the same content about free speech to a global "find and replace" function for the applicable legal and policy points between them! Nonetheless, US law separates these two areas. Therefore, this chapter will focus on privacy law in particular: government surveillance and consumer privacy. Both subsets of privacy law, I will argue, have ...


Chapter Three: Intellectual Property, Tracy Mitrano 2016 University of Massachusetts - Amherst

Chapter Three: Intellectual Property, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Conclusion, Tracy Mitrano 2016 University of Massachusetts - Amherst

Conclusion, Tracy Mitrano

Tracy Mitrano

No abstract provided.


Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley 2016 University of Georgia School of Law

Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley

Journal of Intellectual Property Law

No abstract provided.


Privatization Of The Judiciary, Eldar Haber 2016 Seattle University School of Law

Privatization Of The Judiciary, Eldar Haber

Seattle University Law Review

The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights ...


A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard 2016 Seattle University School of Law

A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard

Seattle University Law Review

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an ...


Trucks, Trains, And Transformation: Net Neutrality Lessons From The First Cyberlaw Symposium, Michael Risch, Christie L. Larochelle 2016 Villanova University Charles Widger School of Law

Trucks, Trains, And Transformation: Net Neutrality Lessons From The First Cyberlaw Symposium, Michael Risch, Christie L. Larochelle

Villanova Law Review

No abstract provided.


Pactes D'Actionnaires Et Prévention Des Conflits Dans La Société Anonyme De L'Espace Ohada., Julien Coomlan Hounkpe 2016 University of Abomey Calavi, Benin

Pactes D'Actionnaires Et Prévention Des Conflits Dans La Société Anonyme De L'Espace Ohada., Julien Coomlan Hounkpe

Julien C. Hounkpe

L’expérience enseigne que les pactes d’actionnaires sont le plus souvent méconnus ou insuffisamment utilisés dans les sociétés anonymes en Afrique. Or ces instruments conventionnels permettent de mettre en place un certain nombre de mécanismes qui s’avéreraient efficaces dans la prévention des conflits entre actionnaires dans l’espace OHADA.


Pornography As Pollution, John C. Nagle 2016 Notre Dame Law School

Pornography As Pollution, John C. Nagle

John Copeland Nagle

Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread ...


The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise 2016 University of Georgia School of Law

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Journal of Intellectual Property Law

No abstract provided.


Internet Payment Blockades, Annemarie Bridy 2016 University of Florida Levin College of Law

Internet Payment Blockades, Annemarie Bridy

Florida Law Review

Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary to create binding public law requiring payment processors like MasterCard and Visa to act as intellectual property enforcers, “non-regulatory” intervention from the executive branch secured their cooperation as a matter of private ordering. The resulting voluntary best practices agreement prescribes a notice-and-termination protocol that extends the reach of U.S. intellectual property law into cyberspace, to merchants operating “foreign infringing sites ...


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