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The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro 2020 Seattle University School of Law

The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman 2020 American University Washington College of Law

Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman

Joint PIJIP/TLS Research Paper Series

The Covid-19 pandemic has illustrated the importance of accurate, real-time information and empirical data in a rapidly evolving crisis. Yet it has also captured an opposite issue: the spread of misinformation and disinformation during a public health crisis. Numerous governments have used the Covid-19 pandemic as reason to, legitimately or illegitimately, heighten existing state censorship practices or introduce new practices entirely under the justification of stopping false information about the virus. This report analyzes developments in China, India, and Russia as case studies of government censorship amid the public health crisis. It offers five key takeaways from these case studies ...


Copyright’S Memory Hole, Eric Goldman, Jessica Silbey 2020 Brigham Young University Law School

Copyright’S Memory Hole, Eric Goldman, Jessica Silbey

BYU Law Review

There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.

The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel ...


“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts 2020 Brigham Young University Law School

“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts

BYU Law Review

Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.

Traditional privacy pillars such as the home and secrecy of communications ...


Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller 2020 William & Mary Law School

Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller

William & Mary Bill of Rights Journal

On February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.

These recent events have resulted in new and burdensome pressures for schools ...


Is Data Localization A Solution For Schrems Ii?, Anupam Chander 2020 Georgetown University Law Center

Is Data Localization A Solution For Schrems Ii?, Anupam Chander

Georgetown Law Faculty Publications and Other Works

For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the United States. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the EU-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the United States via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, don’t transfer the data at all. I argue ...


Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff 2020 DePaul University College of Law

Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz 2020 DePaul University College of Law

Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani 2020 DePaul University College of Law

A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


What's Going On With Copyright Trolls?, Edward Grahovec 2020 DePaul University College of Law

What's Going On With Copyright Trolls?, Edward Grahovec

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell 2020 Northern Kentucky University - Salmon P. Chase College of Law

The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton 2020 Pepperdine University

The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton

Pepperdine Law Review

Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit ...


Syllabus For Issues In Law Enforcement: Cybersecurity And Public Interest Technology, Amy J. Ramson 2020 CUNY Hostos Community College

Syllabus For Issues In Law Enforcement: Cybersecurity And Public Interest Technology, Amy J. Ramson

Open Educational Resources

This is a syllabus for a course in Issues in Law Enforcement. The curriculum is a public interest technology course in cybersecurity. Principally, the federal government handles cybersecurity investigations along with some state governments and the FBI acts as the center for all cybersecurity complaints.

The course expands beyond law enforcement and provides a comprehensive background to the field through the following presentations: a history of cybersecurity; an explanation of the Internet; an introduction to cybercrime and cybersecurity techniques; the legal environment, which includes a survey of law enforcement and prosecution departments and agencies, and federal and NY state criminal ...


Cybersecurity-Cybercrime-The Legal Environment, Amy J. Ramson 2020 CUNY Hostos Community College

Cybersecurity-Cybercrime-The Legal Environment, Amy J. Ramson

Open Educational Resources

This presentation covers the legal environment of cybercrime to date. It addresses: the challenges of law enforcement; federal government vs. sate jurisdiction of cybercrime; law enforcement department and agencies which handle cybercrime; criminal statutes and privacy statutes.


Towards A Data-Driven Financial System: The Impact Of Covid-19, Nydia REMOLINA 2020 Singapore Management University

Towards A Data-Driven Financial System: The Impact Of Covid-19, Nydia Remolina

Centre for AI & Data Governance

The COVID-19 outbreak has a growing impact on the global economy and the financial sector, which plays a critical role in mitigating the unprecedented macroeconomic and financial shock caused by the pandemic. Given the unprecedented nature of the current crisis, financial regulators and supervisors, central banks, along with governments and legislatures face challenges to maintain financial stability, preserve the well-functioning core markets, and ensure the flow of credit to the real economy. Even though the COVID-19 has slowed down our daily lives and stopped the operation of many industries, it did not have the same effect in the data-driven finance ...


Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan 2020 American University Washington College of Law

Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan

Joint PIJIP/TLS Research Paper Series

Global platforms such as YouTube, Facebook, Instagram or TikTok live on users ‘freely’ sharing content, in exchange for the data generated in the process. Many of these digital market actors nowadays employ automated copyright enforcement tools, allowing those who claim ownership to identify matching content uploaded by users. While most debates on state-sanctioned platform liability and automated private ordering by platforms has focused on the implications of user generated content being blocked, this paper places a spotlight on monetization. Using YouTube’s Content ID as principal example, I show how monetizing user content is by far the norm, and blocking ...


Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein 2020 Maurer School of Law - Indiana University, Indiana University

Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein

Indiana Law Journal

The law of trademark tarnishment—a type of trademark dilution—is in disarray. The

basic definition is deceptively simple. Trademark tarnishment occurs when a junior

mark harms the reputation of a substantially similar existing senior trademark by

associating itself with something perverse or deviant. However, it turns out that

Congress and the courts disagree over the prima facie evidence necessary to prove

its existence. The problem is that federal law and related legal principles are simply

ill-equipped to adequately analyze this unique market-driven doctrine. To make

matters worse, legal scholars cannot even agree on whether trademark tarnishment

can empirically exist ...


Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier 2020 Brooklyn Law School

Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier

Brooklyn Law Review

In 2014, the Internal Revenue Service (IRS) issued Notice 2014-21 in an attempt to address issues with cryptocurrency taxation, essentially reaching the conclusion that cryptocurrency must be treated like property for purposes of taxation. In the time since the IRS pronouncement, several academics have called for an alternative treatment known as “currency treatment.” Each treatment inadequately addresses the comprehensive issues surrounding cryptocurrency because they offer wholesale treatment to nuanced issues with valid concerns from each side. To truly allow this emerging industry to flourish and gain societal acceptance, artful policymaking is required. This note provides an example of such policymaking ...


Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin 2020 Brooklyn Law School

Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin

Brooklyn Law Review

Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises ...


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