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Governing Behind The Cloud: Is Transparency Too "Burdensome" In The Digital Age?, Sam Louwagie 2018 University of Minnesota Law School

Governing Behind The Cloud: Is Transparency Too "Burdensome" In The Digital Age?, Sam Louwagie

Minnesota Journal of Law, Science & Technology

No abstract provided.


No Good Deed Goes Unpunished: The Duties Held By Malware Researchers, Penetration Testers, And "White Hat" Hackers, Jon Watkins 2018 University of Minnesota Law School

No Good Deed Goes Unpunished: The Duties Held By Malware Researchers, Penetration Testers, And "White Hat" Hackers, Jon Watkins

Minnesota Journal of Law, Science & Technology

No abstract provided.


Biotechnology's Great Divide: Strengthening The Relationship Between Patent Law And Bioethics In The Age Of Crispr-Cas9, Hannah M. Mosby 2018 University of Minnesota Law School

Biotechnology's Great Divide: Strengthening The Relationship Between Patent Law And Bioethics In The Age Of Crispr-Cas9, Hannah M. Mosby

Minnesota Journal of Law, Science & Technology

No abstract provided.


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.


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 ...


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 ...


Lawyers' Abuse Of Technology, Cheryl B. Preston 2018 J. Reuben Clark Law School, Brigham Young University

Lawyers' Abuse Of Technology, Cheryl B. Preston

Cornell Law Review

Lawyers are highly educated and, allegedly, of higher than average intelligence, but sometimes individual lawyers demonstrate colossal errors in judgment, especially when insufficiently trained in the new and emerging risks involved with the technological age. For instance, although the internet is a necessary tool for attorneys' and is now a prominent feature in the everyday lives of all actors in the legal system, this technology poses particularized and often unanticipated risks of professional and ethical abuse -- risks that are extraordinary both in quantity and intensity. As Harvard's Director of the Center for the Legal Profession warned: We are "only ...


A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman 2018 New York Law School

A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman

Notre Dame Law Review Online

This Essay takes a further step in a developing research agenda on the design of privacy policies. As described in more detail in Part II, I created an online survey in which respondents were asked to choose one of two websites that would better protect their privacy given images of segments of their privacy policies. Some of the questions paired notices with, on the one hand, privacy protective practices displayed in difficult-to-read designs, and, on the other hand, invasive data use practices displayed in graphical, aesthetically pleasing ways. Many survey respondents seemed to make their privacy decisions based on design ...


An Analysis Of International Agreements Over Cybersecurity, Lucas Ashbaugh 2018 University of Maine

An Analysis Of International Agreements Over Cybersecurity, Lucas Ashbaugh

Electronic Theses and Dissertations

Research into the international agreements that increase cooperation over cybersecurity challenges is severely lacking. This is a necessary next step for bridging diplomatic challenges over cybersecurity. This work aspires to be push the bounds of research into these agreements and offer a tool that future researchers can rely on. For this research I created, and made publicly available, the International Cybersecurity Cooperation Dataset (ICCD), which contains over 350 international cybersecurity agreements and pertinent metadata. Each agreement is marked per which subtopics within cybersecurity related agreements it covers. These typologies are:

  • Discussion and Dialogue

  • Research

  • Confidence Building Measures

  • Incident Response

  • Crime ...


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 ...


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 ...


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 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.


The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim 2018 Indiana University

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept ...


Jurisdiction, The Internet, And The Good Faith Exception: Controversy Over The Government’S Use Of Network Investigative Techniques, Maureen Weidman 2018 Penn State Dickinson Law

Jurisdiction, The Internet, And The Good Faith Exception: Controversy Over The Government’S Use Of Network Investigative Techniques, Maureen Weidman

Dickinson Law Review

In February 2015, the FBI discovered a website dedicated to child pornography located on the Tor Network, a network designed to protect its users’ identities on the Internet. Due to the structure of the Tor Network, the FBI could not take down the website and identify users who previously accessed the website. Instead, the FBI kept the website operational for 30 days and applied for a search warrant in the Eastern District of Virginia to use a device called a Network Investigative Technique (“NIT”). This device operated similarly to malware and “attached” to computers accessing the website, allowing the government ...


“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-yi Peng 2018 National Tsing Hua University, Taiwan

“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng

Cornell International Law Journal

We are now living in a hyper-connected world, with a myriad of devices continuously linked to the Internet. Our growing dependence on such devices exposes us to a variety of cybersecurity threats. This ever-increasing connectivity means that vulnerabilities can be introduced at any phase of the software development cycle. Cybersecurity risk management, therefore, is more important than ever to governments at all developmental stages as well as to companies of all sizes and across all sectors. The awareness of cybersecurity threats affects the importance placed on the use of standards and certification as an approach.


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.


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