Digital Commons Network^™

Programmed To Please, Optimized For Obsession, Ela Ender

Journal of Business & Technology Law

No abstract provided.

The Role Of Online Disinhibition On Social Media Users' Privacy Concerns And Behaviors, Lisa Thompson, Sinyong Choi

Faculty Articles

As social media platforms become central to digital interactions, concerns about both privacy and the disclosure of personal information have evolved. Online disinhibition—the psychological detachment users experience in digital spaces that distance their online behaviors from offline consequences—may shape perceptions of privacy risks, particularly on social media platforms like TikTok. This study examines the relationships between online disinhibition and users’ privacy concerns and protective behaviors while accounting for individuals’ sense of gratification, media awareness, identity, and experience. By exploring dimensions such as anonymity and invisibility, we investigate how these factors are linked to self-disclosure and diminished privacy caution. Findings from …

Evaluating Legal Frameworks For The Protection Of Consumers Of Digital Financial Services: Global Trends And Their Significance For Vietnam, Ha Son Nguyen, Lanh Dinh Cao, Nguyen Dinh Phan

International Journal on Consumer Law and Practice

The development of digital financial services (DFS) in the context of global digital transformation poses fundamental challenges for the legal framework for consumer protection, particularly in developing countries such as Vietnam. This article argues that the sectoral approach currently adopted in Vietnam, with rules dispersed across various specialized statutes, has created a structurally significant legal gap, a lack of consistency in protection standards, and limitations on effective coordination among regulatory authorities. It thereby undermines the law’s capacity to protect consumers in the highly cross-sectoral environment of digital finance.

Through an analytical and comparative approach that draws on the experiences of …

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Patient Privacy In The Digital Age: Reimagining Health Data Laws To Protect Patients’ Constitutional Rights, Adriana Almeida Mehtani

Barry Law Review

No abstract provided.

Clawing Back Fraudulent Profits—Investor Protection Or Regulatory Overreach: The Disgorgement Dilemma In Securities Law, Jessica Sun

The Journal of Business, Entrepreneurship & the Law

This comment explores the legal complexities surrounding the Securities and Exchange Commission’s (SEC) use of disgorgement as an enforcement tool, specifically addressing the tension between investor protection and regulatory overreach. Sun examines the evolution of disgorgement from a court-created equitable remedy to a power formally codified by the National Defense Authorization Act of 2021, while highlighting the significant limitations imposed by Supreme Court rulings in Kokesh v. SEC and Liu v. SEC. The comment centers on a current circuit split between the Second Circuit’s decision in SEC v. Govil—which requires a showing of "pecuniary harm" to victims before awarding disgorgement—and …

Crossed Wires: How Current Federal Laws And Regulations Are Inadequate At Protecting Consumers From Sophisticated Wire Fraud Schemes, Emily Brafman

University of Miami Business Law Review

The shift to digital banking has redefined the financial services industry, allowing consumers to conduct everyday transactions, such as wire transfers, at the touch of a button. However, this convenience comes at a steep price: as digital banking becomes the norm, consumers are increasingly exploited by sophisticated cybercriminals, enabled by a legal system that is ill-equipped to handle modern phishing and wire fraud schemes, ultimately draining consumer accounts. Unfortunately, existing protective measures, such as the Electronic Funds Transfer Act (EFTA) and the Uniform Commercial Code (UCC), have proven to be outdated and inadequate to address the unique risks posed by …

A Tale Of Two Credits: The Post-Nestlé Alien Tort Statute And Carbon Credit Externalities, Stephanie Mao

Northwestern University Law Review

As companies increasingly embrace carbon-neutrality commitments, many rely on the voluntary carbon market to offset their emissions rather than reduce them directly. Regulatory and consumer scrutiny has focused on the widespread use of “phantom” carbon credits, i.e., credits that fail to produce meaningful climate benefits. But less attention has been paid to what this Note terms “colonial” carbon credits: those that may technically reduce emissions but do so at the expense of communities abroad. These projects may contribute to land dispossession, human rights abuses, and threats to public and environmental health. Yet, current regulatory and legal frameworks, with their focus …

Private Coverage, Public Risk: The Role Of Cyber Insurance In National Security Governance, Deborah L. Johnson

Faculty Publications

This Article explores the growing yet underexamined role of the commercial cyber insurance market in shaping the United States' approach to cybersecurity readiness. It argues that, as cyber threats against U.S. critical infrastructure and essential services increase, commercial cyber insurance has quietly come to function as a de facto governance tool in national cybersecurity. In hospitals, water and energy systems, and other public-facing sectors, policy language, underwriting questionnaires, and post-breach claims practices help define what counts as "reasonable" security, influence how organizations plan for and respond to incidents, and affect the pace and scope of recovery after an attack. Yet …

Can Ai Fix Anti-Money Laundering? The Case For Federated Intelligence In Financial Crime Prevention, Matthias Connelly

Student Journal of Information Privacy Law

The global anti-money laundering (AML) regime is failing. Trillions of dollars are laundered each year, yet governments detect only a fraction of that activity, even as financial institutions spend hundreds of billions on compliance. In the United States, AML regulation has evolved from a retrospective, prosecution-oriented framework into an expansive, preventative regime that measures inputs rather than enforcement outcomes. Although artificial intelligence has demonstrated potential to improve detection, firm-siloed AI systems introduce substantial financial, technological, and systemic risks, including prohibitive development costs, data- privacy constraints, and market concentration among third-party service providers. This Article argues that federated learning offers a …

Combatting Authorized Push Payment Fraud: Which Regulatory Approach Should The United States Adopt?, Garrett S. Grewal

North Carolina Banking Institute

No abstract provided.

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

William & Mary Law Review

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Money Over Everything: Reimagining Health Care Enforcement, Jacob T. Elberg

Missouri Law Review

Annual press releases from the Department of Justice trumpet billions of dollars in annual recoveries and optimism that its health care enforcement regime deters even more fraud than it addresses. Yet DOJ’s consistent recoveries can be seen as a sign that fraud continues unabated. While some scholars have questioned the deterrent value of the government’s model of enforcement through civil settlements, little attention has been given to what may be the most important aspect of DOJ’s effort—its focus on money both as the sole measure of harm and the sole means of deterrence.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

The Ai Advocate: Tracking The Impact Of Artificial Intelligence On Trial Advocacy, John G. Browning

Loyola University Chicago Law Journal

In his annual State of the Judiciary address on December 31, 2023, Chief Justice John G. Roberts chose to focus on the use of generative AI. He cautioned that while AI "has great potential to dramatically increase access to key information for lawyers," its use "requires caution and humility" because of the risk of "dehumanizing the law." Chief Justice Roberts' timely warning, made at the height of concerns nationally about lawyers relying on fabricated case citations caused by the "hallucinations" of generative AI, could have just as easily been targeted not only to the legal profession generally, but to trial …

Closing The Door On Housing Discrimination: Why Rhode Island Must Enact A Fair Chance In Housing Act, Jessica Galego

Roger Williams University Law Review

No abstract provided.

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

Faculty Publications

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

An AI-powered tool recently mimicked Warren Buffett's image and voice so convincingly that even his own family could have been deceived. This striking example highlights the transformative potential of voice cloning and deepfakes. This innovative technology leverages artificial intelligence (AI) to create hyper-realistic audio and video content. By blurring the boundaries between authenticity and synthetic creation, deepfakes make it possible to fabricate moments that never occurred. Recent advancements in AI and user-friendly software have made deepfakes more accessible andfurther contributed to the proliferation of deepfakes, enabling even individuals with minimal technical skills to produce compelling deepfakes at little to no …

Crypto Kleptocracy, W. Robert Thomas, Jeffery Y. Zhang

Michigan Law Review Online

Many Americans are worrying about whether they will soon be living in a postdemocracy autocracy. But in the meantime, they may already be living in a crypto-fueled kleptocracy. Less than one year into his second presidential term, Donald Trump has reportedly taken his wealth to new heights by embracing, both as a businessman and a politician, the crypto industry. Trump’s family businesses are involved in minting Trump-themed meme coins, creating America- themed stablecoins, and mining crypto assets—so successfully that most of Trump’s wealth is likely now from crypto, not real estate. All the while, the Trump Administration is rolling back …

Application Paths Of Semantic Modeling In Financial Fraud Detection And Risk Identification, Victor P. Gauthier, Daniel S. Wu

Computer Science Faculty Publications

Financial fraud and risk pose significant threats to economic stability and individual well-being. Traditional detection methods often struggle to keep pace with increasingly sophisticated fraudulent schemes. Semantic modeling, which focuses on understanding the meaning and relationships within data, offers a promising avenue for enhancing fraud detection and risk identification. This review paper explores the application paths of semantic modeling in this domain. We begin with a historical overview of fraud detection techniques, highlighting the limitations of traditional approaches. Subsequently, we delve into core themes, including knowledge graph-based fraud detection and semantic rule-based inference for risk assessment. We then compare and …

Founder Worship, Effective Altruism, And Corporate Governance, Jennifer S. Fan, Xuan-Thao Nguyen

Kentucky Law Journal

No abstract provided.

Face Card Declined: The Deepfake Threat To Biometric Security In Financial Systems, Hazel Fernandez

Washington and Lee Law Review Online

Once limited to entertainment and disinformation, deepfakes are now extending into the financial sector, where voice and facial impersonations exploit biometric authentication systems to facilitate fraudulent transactions. This evolution exposes gaps in existing legal and regulatory frameworks, raising critical questions about consumer protection and institutional safeguards. This Note argues for a reconceptualization of deepfake harms as both a privacy and a financial security issue. It examines the illusion of consent generated by synthetic impersonation and insufficient statutory protections. The analysis examines the patchwork of federal, state, and international laws governing data privacy and artificial media, highlighting the gaps that allow …

Bridging The Expectations Gaap In Financial Reporting, Neal F. Newman

Faculty Scholarship

The true nature of auditing publicly traded companies’ financial statements has been somewhat of an enigma to the general public. Due to this mystery, an “expectations gap” has formed between the public expectations of auditors’ roles and what the auditor actually does in their analysis of financial statements. Auditors are an extremely important piece of the financial reporting puzzle because they determine whether or not a company’s financial statements are a fair and accurate reflection of the company’s financial position, a determination that can be a major influence on how the financial strength of a company is perceived. Newman’s Article …

Emotionally Unstable: Addressing Emotional Distress As A Concrete Injury In Data Breach Cases Post-Transunion, Anna P. Cox

Fordham Law Review

Data breaches and data breach litigation are exponentially on the rise. Plaintiffs whose information is stolen in a data breach often claim emotional distress for fear of future harm the data breach may cause. However, plaintiffs who bring suit in federal court must show that they have suffered an injury in fact for purposes of Article III standing before a federal court will exercise jurisdiction. The U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez requires that plaintiffs who seek money damages under a theory of risk of future harm show that they have suffered a present concrete injury to …

Assessing Market Efficiency In Corporate And Securities Litigation, Charles Korsmo, Minor Myers

Indiana Law Journal

In recent decades, courts have increasingly looked to trading prices as evidence—often conclusive evidence—in high-stakes corporate law disputes over a company’s fair value. This development has been especially dramatic, and consequential, in Delaware. Where a stock trades in an efficient market, the logic goes, the prevailing trading price can be used to resolve any disputed issue of valuation. But this expedient comes with an unavoidable question: When is a market “sufficiently efficient” for a court to rely on it as a measure of value?

 Federal courts have long experience evaluating the relative efficiency of trading markets in the context of …

Future Crime: A Theoretical Foundation For Designing Effective Cybercrime Laws In The Age Of Ai And Ransomware, Thi Ha Do, Niloufer Selvadurai

North Carolina Journal of Law & Technology

No abstract provided.

The Collection Problem: How The Circuit Split On Pleading Standards In Securities Fraud Claims Undermines Federal Regulatory Goals, Lucas Immer

St. John's Law Review

(Excerpt)

The Great Depression is generally recognized as the greatest economic calamity in United States history. One of the Great Depression’s many causes was reckless financial speculation driven in part by financial fraud. In response to the crisis, Congress passed the 1934 Securities Exchange Act (“the Exchange Act”), which courts have long held creates a private right of action for plaintiffs who experience an economic loss due to reliance on a material misstatement surrounding the purchase or sale of a security. A prima facie claim for securities fraud under the Exchange Act requires a showing of scienter, defined as “a …

Stranger Disputes: When Artificial Intelligence Turns Arbitration Upside Down, Imre Stephen Szalai

Pepperdine Dispute Resolution Law Journal

Arbitration agreements are everywhere in the United States. These agreements already block access to courts in a troubling manner, and pursuant to these agreements, parties must resolve their disputes before a private, human arbitrator with broad, virtually unreviewable powers. However, with the growth of AI, companies could easily redraft their contracts to require arbitration before non-human bots or AI arbitrators instead of a human arbitrator. Based on the history, values, policy, and text of the Federal Arbitration Act (FAA), this Article concludes that the FAA would govern and support the use of an AI arbitrator. As a result, a pre-dispute …

The Proactive Approach Of Artificial Intelligence In Monitoring And Analyzing Illegal Money Laundering Operations In The Virtual World, Ammar Yasser El-Bably

Journal of Police and Legal Sciences

The research dealt with the proactive method of artificial intelligence in monitoring and analyzing non-suspicious operations of money laundering in the virtual world, especially the Internet and dark web, where it dealt with the risks created for those networks and their exploitation for the benefit of terrorist and criminal organizations, money laundering, the purchase of weapons and drugs, human trafficking and financial fraud, where Internet users around the world reached 5 billion users, and the volume of money laundering crimes became 2.8 Trillion dollars, according to United Nations and International Monetary Fund statistics 2023 AI applications where algorithms, machine learning, …

Reevaluating Fourth Amendment Protections In The Digital Age, Tiffany Benjamin

UC Law Constitutional Quarterly

No abstract provided.