What A Technical Services Librarian Wants Their Library Director To Know, 2018 University of Colorado Law School
What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe
Promoting the value of technical services librarians in the digital age.
Prediction, Persuasion, And The Jurisprudence Of Behaviorism, 2018 University of Maryland Francis King Carey School of Law
Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell
No abstract provided.
Post-Digital Era Reconciliation Between United States And European Union Privacy Law Enforcement, 2018 Washington University School of Law
Post-Digital Era Reconciliation Between United States And European Union Privacy Law Enforcement, Nidhi Narielwala
Washington University Global Studies Law Review
Post-internet technology, unlike any other global industry, has eroded the legal and political boundaries that separate countries. Companies are able to request, access, and send information across borders in the blink of an eye, unbound by a properly protective legal framework, which is lagging behind. Additionally, consumers are relying on technology more than ever, trusting companies with their highly sensitive personal information on a daily basis. A global privacy enforcement framework that properly protects consumers and their personal information is crucial to ensure privacy and safety to consumers in a world moving towards greater internet dependence. While the United States ...
Justice Beyond Dispute, 2018 University of Miami School of Law
Justice Beyond Dispute, Mary Anne Franks
No abstract provided.
Commodifying Consumer Data In The Era Of The Internet Of Things, 2018 New York Law School
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Articles & Chapters
Internet of Things (“IOT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates and calories burned. This Article explores the connection between the types of data generated by the IOT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric ...
The Unstoppable Intrusion: The Unique Effect Of Online Harassment And What The United States Can Ascertain From Other Countries' Attempts To Prevent It, 2018 Cornell Law School, J.D. Candidate, 2019
The Unstoppable Intrusion: The Unique Effect Of Online Harassment And What The United States Can Ascertain From Other Countries' Attempts To Prevent It, Dylan E. Penza
Cornell International Law Journal
The United States must provide some solution to deal with online harassment. Looking at its fellow nations may be a good way to provide a foundation for changes that need to be made
Robotic Speakers And Human Listeners, 2018 University of Colorado Law School
Robotic Speakers And Human Listeners, Helen Norton
In their new book, Robotica, Ron Collins and David Skover assert that we protect speech not so much because of its value to speakers but instead because of its affirmative value to listeners. If we assume that the First Amendment is largely, if not entirely, about serving listeners’ interests—in other words, that it’s listeners all the way down—what would a listener-centered approach to robotic speech require? This short symposium essay briefly discusses the complicated and sometimes even dark side of robotic speech from a listener-centered perspective.
Section 230’S Liability Shield In The Age Of Online Terrorist, 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 ...
Creative Commons: An Explainer, 2018 University of Michigan Law School
Creative Commons: An Explainer, Kincaid C. Brown
Law Librarian Scholarship
Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take ...
Twenty Years Of Web Scraping And The Computer Fraud And Abuse Act, 2018 Boston University School of Law
Twenty Years Of Web Scraping And The Computer Fraud And Abuse Act, Andrew Sellars
"Web scraping" is a ubiquitous technique for extracting data from the World Wide Web, done through a computer script that will send tailored queries to websites to retrieve specific pieces of content. The technique has proliferated under the ever-expanding shadow of the Computer Fraud and Abuse Act (CFAA), which, among other things, prohibits obtaining information from a computer by accessing the computer without authorization or exceeding one's authorized access.
Unsurprisingly, many litigants have now turned to the CFAA in attempt to police against unwanted web scraping. Yet despite the rise in both web scraping and lawsuits about web scraping ...
Territorialization Of The Internet Domain Name System, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Territorialization Of The Internet Domain Name System, Marketa Trimble
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 ...
Sexual Privacy, 2018 University of Maryland School of Law
Sexual Privacy, Danielle Keats Citron
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and ...
The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, 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 ...
Black Letter Law, 2017 Bond University
Black Letter Law, Dan Svantesson
Law Faculty Publications
[Extract] The topic of how well the tool of black letter law works in the Internet law setting is of course huge, and associated with obvious definitional challenges. To point to but one; how ought we define “black letter law” in our present legal culture where legal rules necessarily must take account of the technical reality in which they operate? Indeed, given Wikipedia’s definition of “black letter laws” as laws that are “the well-established technical legal rules that are no longer subject to reasonable dispute,” one may legitimately question whether we can speak of any real black letter law ...
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, 2017 Brooklyn Law School
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Brooklyn Journal of Corporate, Financial & Commercial Law
How to tax interstate online purchases is a frequently debated and contentious topic in the business and tax arena. There are numerous parties affected when a transaction occurs and each affected party would like a taxation policy that benefits its own economic interests, without regard for others. Neither the legislative nor the judicial branch has successfully resolved this e-commerce taxation issue. With the growing need for tax revenue, it is prudent for Congress to finally resolve this circuit split and agree on a unifying Online Sales Tax Law. As opposed to the vast majority of proposals pending in Congress, this ...
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Brooklyn Journal of Corporate, Financial & Commercial Law
The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA ...
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with ...
Foreword: The Food Law Era, 2017 Southern Methodist University
Foreword: The Food Law Era, Nathan Cortez
Science and Technology Law Review
No abstract provided.
Cybersecurity And Tax Information: A Vicious Cycle?, 2017 Boston College Law School
Cybersecurity And Tax Information: A Vicious Cycle?, Diane M. Ring
Boston College Law School Faculty Papers
A review of Michael Hatfield, Cybersecurity and Tax Reform, 93 Ind. L.J., scheduled to be published in Spring 2018.
Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, 2017 Chapman University
Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress
Student Scholar Symposium Abstracts and Posters
This project examines how current copyright laws and digital distribution practices in music can be improved for both the creator and the consumer. The laws that govern our digital atmosphere, and thus a large portion of music distribution, are outdated and cause a wide variety of problems for both artists and fans. To create a comprehensive picture and establish the scope of this problem, I start by outlining the process a song goes through from when it is written to when it is in the hands, or rather ears, of listeners. From there, copyright laws are entwined with this process ...