Digital Commons Network^™

Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir

Cardozo Arts & Entertainment Law Journal

Section 230 of the Communications Decency Act, a foundational law enabling the modern internet, is under threat despite its critical role in protecting online platforms from liability for user-generated content. The article argues that Section 230 is essential for promoting free speech and innovation, as its repeal would force platforms to censor content to avoid liability, fundamentally altering the internet. Critics often misunderstand the law, and bipartisan attacks jeopardize its future, risking the unravelling of the internet as we know it.

Keynote Address, Christopher J. Buccafusco, Jeff Kosseff

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution and impact of Section 230 of the Communications Decency Act, highlighting its role in shaping internet speech and liability. It traces the law's origins, key court rulings, and current debates about its future. The speaker emphasizes the need for informed discussion to address concerns about harmful content, platform moderation, and free speech.

Enhancing The Ftc's Consumer Protection Authority To Regulate Social Media Companies, Paul M. Barrett, Lily Warnke

Cardozo Arts & Entertainment Law Journal

The article argues that Congress should enhance the Federal Trade Commission's (FTC) consumer protection authority to regulate social media companies, focusing on procedural oversight rather than substantive content moderation. It proposes that the FTC ensure social media platforms maintain adequate content moderation systems, disclose algorithmic practices, and comply with transparency requirements, all while respecting First Amendment protections. The authors advocate for legislative reforms to clarify the FTC's role in addressing harmful content and to amend Section 230 of the Communications Decency Act to limit liability protections for certain harmful activities.

Panel 2: Should The British Museum Return The Collection To Athens?, Michael Mccullough, Irini Stamatoudi, Elizabeth Marlowe, Kris Tytgat

Cardozo Arts & Entertainment Law Journal

The article challenges the notion that the Parthenon Marbles constitute a unique case for repatriation, arguing that this claim is both factually inaccurate and ethically problematic. It contends that framing the Parthenon Marbles as an exceptional case undermines broader efforts toward decolonization and restorative justice, as it dismisses solidarity with other formerly colonized nations seeking the return of their cultural heritage. The article advocates for a systematic approach to repatriation, emphasizing ethical obligations and the need for museums to adopt principles of restitution grounded in collaboration and equity.

Panel 4: Cultural Property And International Human Rights Trends, Sandy Cobden, Leila Amineddoleh, Kristen A. Carpenter, Lawrence Kaye

Cardozo Arts & Entertainment Law Journal

The article examines the challenges and trends in recognizing the human rights dimension of cultural property claims, particularly for Indigenous Peoples. It highlights the intersection of social, ethical, and legal dynamics in repatriation efforts, emphasizing the need for international cooperation and the development of effective mechanisms to address these claims. The analysis underscores the importance of considering Indigenous Peoples' laws, traditions, and customs in repatriation processes and advocates for diplomatic approaches over litigation.

Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop

Cardozo Arts & Entertainment Law Journal

This Article presents the first in-depth analysis of the privacy law implications, under both the Fourth Amendment to the United States Constitution and individual states' biometric data privacy laws, resulting from National Collegiate Athletic Association (NCAA) member institutions mandating that athletes wear athlete biometric data (ABD) tracking devices. The Article provides the NCAA' and its member institutions, athletes, and Congress with recommendations of how to respond to the privacy law concerns that exist in a period of expanded ABD collection, use, and storage. Part I discusses the growing practice of athletics departments requiring intercollegiate athletes to wear ABD tracking devices. …

Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn

Cardozo Arts & Entertainment Law Journal

The Music Modernization Act (MMA) introduced a significant shift in determining mechanical royalty rates by replacing the 801(b)(1) standard with the willing buyer-willing seller standard. This change, while aiming to establish fair market value, presents challenges for the Copyright Royalty Board (CRB) due to the lack of a comparable market and the influence of statutory licensing. The transition is expected to increase royalty rates, impacting various stakeholders, including copyright owners, streaming services, and consumers, and may lead to heightened disputes and uncertainty in the industry.

Panel 2: Modern Trends And Internet Speech, Enrique Armijo, Paul M. Barrett, Michael A. Cheah, Zahra Takhshid, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article explores the complexities and future of Section 230, focusing on its role in protecting online platforms from liability for user-generated content. Panelists argue that Section 230 is an immunity, not a subsidy, and discuss its implications for content moderation, new technologies, and regulatory oversight. They propose various reforms, including FTC regulation and clarifying Section 230's scope for emerging harms.

Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert

Cardozo Arts & Entertainment Law Journal

The article critically examines the impact of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), arguing that these laws have disproportionately harmed sex workers by leading to widespread deplatforming and increased criminalization. While FOSTA/SESTA aimed to combat sex trafficking, the author contends that the legislation conflated sex work with trafficking, resulting in the shutdown of harm reduction platforms and exacerbating risks for sex workers. The article emphasizes the need to center the voices of marginalized communities in policy-making and advocates for decriminalization as a more effective approach to preventing exploitation.

It's Not A Subsidy To Big Tech, Enrique Armijo

Cardozo Arts & Entertainment Law Journal

Most Section 230 reform efforts are based on the predicate claim that the immunity the statute provides is a "subsidy to Big Tech." The argument then follows that if government grants a subsidy to an industry, particularly a large one, there are no legal or constitutional problems with either conditioning that subsidy on certain conduct or revoking it altogether. This premise is wrong. It conflates a subsidy with an immunity, which is conceptually distinct. It misstates both the intended and actual primary beneficiaries of Section 230's immunity, who are not large social media platforms or search engines, but Internet users. …

Keynote Address, Lina Mendoni

Cardozo Arts & Entertainment Law Journal

The article presents a compelling case for the repatriation of the Parthenon Sculptures to Greece, arguing that their removal by Lord Elgin was illegal, destructive, and morally unjustifiable. The Greek government asserts that the British Museum's continued possession violates both historical and contemporary legal standards, undermining cultural integrity and international ethical norms. The argument underscores the sculptures' intrinsic connection to Greece's cultural identity and the global community's growing support for their return.

Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia

Cardozo Arts & Entertainment Law Journal

The article challenges the British Museum's claim that Lord Elgin legally and ethically acquired the Parthenon Sculptures with proper Ottoman authorization. It argues that the Museum's defense relies on flawed historical narratives, including the misrepresentation of key documents, and asserts that Elgin's actions were unlawful and harmful, undermining the Museum's moral and legal justification for retaining the sculptures.

From Exceptionalism To Solidarity: The Rhetoric Of The Case For The Parthenon Sculptures' Return, Elizabeth Marlowe

Cardozo Arts & Entertainment Law Journal

The article critiques the "exceptionalism" argument often used to justify keeping the Parthenon Sculptures in the British Museum, emphasizing their supposed uniqueness and the fear of setting a precedent for other repatriation claims. It argues that this approach is both factually and ethically flawed, as it ignores the broader ethical imperatives of decolonization and restorative justice. The author advocates for a shift towards solidarity with other repatriation movements, aligning with global efforts to address colonial legacies and promote ethical museum practices.

The Monetization Of Childhood: How Child Social Media Stars Are Unprotected From Exploitation In The United States, Jessica Pacht-Friedman

Cardozo Journal of Equal Rights & Social Justice

The note highlights the legal vulnerabilities of child social media influencers, or "kidfluencers," who are increasingly exploited due to inadequate protections under U.S. labor laws. The Fair Labor Standards Act (FLSA) exempts child performers, and while some states have Coogan Laws, these are insufficient to address the unique challenges posed by digital platforms like YouTube. The author advocates for expanding these protections to include social media stars and adopting a "Right to be Forgotten" to safeguard children's privacy and financial interests.

Equal Education Means Equal Education: Confronting Education Access Disparities For New York Students Amid The Covid-19 Pandemic During The 2020-2021 School Year, Sara Gruber

Cardozo Journal of Equal Rights & Social Justice

The COVID-19 pandemic exacerbated existing educational disparities, particularly affecting low-income and minority students in New York due to the shift to online learning. The state's current legislation, such as the Dignity for All Students Act, fails to address these off-campus digital divide issues, necessitating legal reform to ensure equal educational opportunities.

The British Government's Continued Failure To Deal With Deaths Resulting From The Troubles In Northern Ireland Is A Violation Of Human Rights, Marie Simpson

Cardozo Journal of Equal Rights & Social Justice

The note argues that the British government's failure to adequately investigate and address the 3,000 unsolved murders from the Troubles in Northern Ireland constitutes a violation of human rights. It critiques the government's proposed Historical Investigations Unit for being insufficient and not meeting the procedural standards required by Article 2 of the European Convention on Human Rights. The note proposes a restructured unit to ensure impartial and effective investigations, emphasizing the need for accountability and closure for victims' families.

Corporate Capital & Legal Personality: A Marxist Account Of Citizens United Ten Years Later, Hayden E. Pendergrass

Cardozo Journal of Equal Rights & Social Justice

The article presents a Marxist critique of the Citizens United decision, arguing that it embodies the dominant capitalist ideology by granting corporations extensive First Amendment rights. This decision reflects the legal system's role in reinforcing corporate power and control over the political process, aligning with Marxist theories of law as a tool of class domination.

Transition Administration, Michael Herz, Katherine A. Shaw

Articles

The period from November 3, 2020 to January 20, 2021, was unlike any presidential transition in our history. President Donald Trump refused to accept his ballot-box defeat, instead battling to overturn the election’s outcome. This dramatic public campaign was waged in state and federal courts, state legislatures, the offices of state and local election officials, the Department of Justice, and finally the halls of Congress, where on January 6, 2021, a mob incited by the President stormed the Capitol with the explicit goal of preventing the final counting of electoral votes for Joe Biden. These efforts had more mundane and …

Amici Curiae Observations On Sexual- And Gender-Based Crimes, Particularly Sexual Slavery, And On Cumulative Convictions Pursuant To Rule 103 Of The Rules Of Procedure And Evidence, Jocelyn Getgen Kestenbaum

Amicus Briefs

Sexual slavery is not a “form” of enslavement; rather, all acts of a sexual nature, including control over sexuality, sexual integrity and sexual and reproductive autonomy, constitute indicia of the exercise of powers of ownership of enslavement in all its forms. Consequently, enslavement as a crime against humanity is not “in the abstract entirely encompassed within sexual slavery.” To avoid entering cumulative convictions for separately enumerated crimes that do not each have a distinct element from the other, and to avoid a continuation of a discriminatory application of the law, amici suggest that, in the interests of justice, the …

Cardozo Law News Brief: December 9, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Jessica Roth
• Kate Shaw
• Alexander A. Reinert
• Kate Levine
• Deborah Pearlstein
• Michel Rosenfeld
• Edward Zelinsky

Campus News:

• Punishment Without Trial: Burns Center Hosts Virtual Book Talk on the Implications of Plea Bargaining

Punishment Without Trial: Burns Center Hosts Virtual Book Talk On The Implications Of Plea Bargaining, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Carissa Byrne Hessick, Professor at the University of North Carolina School of Law, and author of “Punishment Without Trial: Why Plea Bargaining Is a Bad Deal” discussed her book’s arguments and implications for legal ethics in a virtual book talk with Professor Jessica Roth. Roth, who is CoDirector of the Jacob Burns Center for Ethics in the Practice of Law, asked Hessick about the history of plea bargaining, how it encourages lying, its impact on victims and how all of these factors can put lawyers in potentially problematic positions.

Cardozo Law News Brief: December 2, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Myriam Gilles
• Pamela Foohey
• Jessica Roth
• Ekow N. Yankah
• Kate Shaw
• Gabor Rona
• Jocelyn Getgen Kestenbaum
• Ngozi Okidegbe
• Deborah Pearlstein
• Alexander A. Reinert
• Edward Zelinsky

Campus News:

• Innocence Project Wins Historic Victory, Overturning Conviction of Two Men in Malcolm X Killing

Events:

• Follow the Law, Break the Mold: An Interview with Sarah Feingold, Etsy’s First General Counsel

Punishment Without Trial: Why Plea Bargaining Is A Bad Deal, Jacob Burns Center For Ethics In The Practice Of Law

2021 Event Invitations

When Americans think of the criminal justice system, they picture a trial. The right to a trial by jury is supposed to undergird our entire justice system – but that bedrock constitutional right has all but disappeared thanks to plea bargaining. In 2018, more than 97 percent of defendants pleaded guilty.

In Punishment Without Trial: Why Plea Bargaining Is A Bad Deal, Carissa Byrne Hessick makes the case against plea bargaining and illustrates why we need to fix it if we ever hope to achieve lasting criminal justice reform.

Join the Jacob Burns Center for Ethics in the Practice …

Free Justice: A History Of The Public Defender In Twentieth-Century America, Kate Levine

Articles

Levine reviews Free justice: A history of the public defender in twentieth-century America. By Sara Mayeux. Chapel Hill, NC: University of North Carolina Press, 2020. 286 pp. $26.95 paperback.

Beyond Data Ownership, Ignacio Cofone

Cardozo Law Review

Proposals for data ownership are widely misunderstood, aim at the wrong goal, and would be self-defeating if implemented. This Article, first, shows that data ownership proposals do not argue for the bundle of ownership rights that exists over property at common law. Instead, these proposals focus on transferring rights over personal information solely through consent.

Second, this Article shows the flaws of a property approach to personal information. Such an approach magnifies well-known problems of consent in privacy law: asymmetric information, asymmetric bargaining power, and leaving out inferred data. It also creates a fatal problem: moral hazard where corporations lack …

The Powerful Problem Of Prayer At Public School Board Meetings, Amanda Harmon Cooley

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 43, Issue 2

Cardozo Law Review

No abstract provided.

The Myth Of Autonomy Rights, Kathryn E. Miller

Cardozo Law Review

Supreme Court rhetoric, scholarly discussion, blackletter law, and ethical rules have perpetuated a myth that individual rights protect the autonomy of defendants within the criminal legal system. To expose this myth, I examine six rights that the Court has enshrined as essential decision points for criminal defendants due to the rights’ purported expressive and consequential functions: (1) the right to self-representation; (2) the right to plead guilty; (3) the right to waive a jury; (4) the right to testify; (5) the right to waive appeals; and (6) the right to maintain innocence at a capital trial. I conclude that each …

The Use Doctrine In Trademark Law: Issues From Trade And Transborder Reputation, Srividhya Ragavan

Cardozo Law Review

No abstract provided.