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Civil Society And Cybersurveillance, Andrew McCanse Wright 2018 Savannah Law School

Civil Society And Cybersurveillance, Andrew Mccanse Wright

Arkansas Law Review

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.


Contents, 2018 The Catholic University of America, Columbus School of Law

Contents

Catholic University Journal of Law and Technology

No abstract provided.


Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie 2018 Syracuse University College of Law

Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie

Catholic University Journal of Law and Technology

In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.

A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in ...


Enforcing Constitutional Rights Through Computer Code, Steve Young 2018 The Catholic University of America, Columbus School of Law

Enforcing Constitutional Rights Through Computer Code, Steve Young

Catholic University Journal of Law and Technology

Lawmaking and enforcement has advanced since Hammurabi first wrote out his legal code thousands of years ago. Today, the American legal system relies on legislatively-enacted federal, state, county, and municipal legal codes, agency-created regulations, the judge-made common law, and various law enforcement entities. This can be a confusing and complex system of rules and their explanations with varying degrees of enforcement. Blockchain technology is an automatic and efficient alternative to written codes that must be humanly-enforced. There has been limited scholarly interest in the implications of a legal application of blockchain technology to a political system but there have been ...


Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat 2018 The Catholic University of America, Columbus School of Law

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in ...


Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi 2018 The Catholic University of America, Columbus School of Law

Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi

Catholic University Journal of Law and Technology

Mobile instant messaging, such as text messages, are a pervasive aspect of everyday life. The characteristics of the modern mobile instant messaging application, especially in comparison with other forms of more traditional electronic communication platforms, such as e-mail, text messaging, or computer-based instant messaging program, present a variety of evidentiary issues in trial.

To be relevant, mobile instant messaging evidence must be connected to a genuine issue at trial and not too attenuated from it. Authentication is also very important in determining whether it may be considered a non-hearsay statement. Although often otherwise admissible, mobile instant messaging evidence may still ...


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy 2018 Catholic University of America (Student)

Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy

Catholic University Journal of Law and Technology

In modern society, cell phones have become a virtual extension of most Americans. Advances in cell phone technology have given rise to the popularity of mobile dating applications (“apps”), which are capable of allowing users to date and meet potential partners without leaving the comfort of their own homes. The convenience and allure of mobile dating apps has led to a staggering increase in the number of crimes orchestrated against other users of the apps. Such crimes often include solicitation, stalking, murder, and human trafficking. Unsuspecting and trusting users fall victim to these crimes due to the false sense of ...


Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett 2018 Duke Law

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Duke Law & Technology Review

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success ...


Prophylactic Merger Policy, Herbert J. Hovenkamp 2018 University of Pennsylvania Law School

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley 2018 Washington University School of Law

Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley

Washington University Law Review

In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle has been fought and won . . . . You’re now one click away from every sex act imaginable for free. And so it’s just passé at this juncture.” In stark contrast to the world of past generations, “[n]ow every teenage boy has an Internet-connected phone . . . . Pornographic magazines, even those as storied as Playboy, have lost their shock value, their commercial value and their cultural relevance.”

One consequence of modern technological advancements is that online pornography ...


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents, 2018 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall 2018 John Marshall Law School

Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall

The John Marshall Journal of Information Technology & Privacy Law

Social media is about sharing information. If you are a parent, often the tendency is to relate every aspect of your children’s lives. Most of the time, children do not consent to postings about them and will have a permanent digital shadow created by their parents that follows them the rest of their lives. The purpose of this article is to analyze the current status and potential future of children’s online privacy from a comparative legal approach, highlighting recent case law in the United Kingdom, which is trending toward carving out special privacy rights for children. This contrasts ...


Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert 2018 John Marshall Law School

Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla McKinnon 2018 John Marshall Law School

Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla Mckinnon

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich 2018 Brooklyn Law School

Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich

Brooklyn Law Review

In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting ...


International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui 2018 Catholic University of America (Student)

International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui

Catholic University Journal of Law and Technology

Currently large email service providers, such as Google, Microsoft and Yahoo are refusing to comply with warrants issued under the Secured Communications Act (“SCA”) because in many instances, the requested information may be stored in servers located abroad. In the dismissed Supreme Court case, In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corporation, the Supreme Court should have addressed whether an internet service provider must comply with a warrant issued under the SCA when the requested information is stored in a foreign country and whether enforcement of these warrants would be an impermissible extraterritorial application ...


Territorialization Of The Internet Domain Name System, Marketa Trimble 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Territorialization Of The Internet Domain Name System, Marketa Trimble

Scholarly Works

A territorialization of the internet – the linking of the internet to physical geography – is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who – for various reasons – either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the territorialization trend has affected the internet Domain Name System (“DNS”). As a hallmark of cyberspace governance that aimed to be detached from the territoriallypartitioned governance of ...


The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, Henry S. GAO 2018 Singapore Management University

The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, Henry S. Gao

Research Collection School Of Law

With the rapid development of the internet, electronic commerce is also gaining importance in international trade. However, the rules governing digital trade is still largely lacking. While WTO Members have been discussing the regulation of electronic commerce since the last century, little progress has been made. Instead, most of the progresses are made in various free trade agreements, especially those sponsored by the United States. This article starts with a review of the efforts to regulate e-commerce in the WTO, as well as what the pre-TPP US FTAs have achieved so far, followed by a critical appraisal of the achievements ...


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