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Articles 1 - 30 of 60
Full-Text Articles in Law
A Diversity Of Adequacy: The European Commission's 11-Country Adequacy Review, Lauren Macievic
A Diversity Of Adequacy: The European Commission's 11-Country Adequacy Review, Lauren Macievic
Joint PIJIP/TLS Research Paper Series
No abstract provided.
A Trusted Framework For Cross-Border Data Flows, Alex Joel
A Trusted Framework For Cross-Border Data Flows, Alex Joel
Joint PIJIP/TLS Research Paper Series
The German Marshall Fund of the United States (GMF), in cooperation with the Tech, Law and Security Program (TLS) of the American University Washington College of Law, and with support from Microsoft, convened a Global Taskforce to Promote Trusted Sharing of Data comprising experts from civil society, academia, and industry to submit proposals for harmonizing approaches to global data use and sharing. Former US Ambassador to the Organisation for Economic Co-operation and Development (OECD) and GMF Distinguished Fellow Karen Kornbluh and Microsoft Chief Privacy Officer and Corporate Vice President Julie Brill co-chaired the taskforce; TLS Senior Project Director Alex Joel …
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
The Revolution Will Not Be Moderated: Examining Florida And Texas's Attempts To Prohibit Social Media Content Moderation, Caroline Jones
The Revolution Will Not Be Moderated: Examining Florida And Texas's Attempts To Prohibit Social Media Content Moderation, Caroline Jones
American University Journal of Gender, Social Policy & the Law
Today, around seventy percent of American citizens actively use social media for news content, entertainment, and social engagement. Since 2005, the number of Americans using social media in some capacity has increased 13 fold from five to sixty-five percent. Despite numerous studies demonstrating a correlation between social media rhetoric and real-world violence against women, racial and ethnic minority communities, and the LGBTQIA community, both Florida and Texas passed bills limiting the ways in which social media sites can moderate the content and users on their platforms in 2021. Florida’s Senate Bill 7072 requires social media platforms to allow political candidates …
Common Law Rules: Applying Common Law Principles To Reassigned Phone Number Disputes Under The Tcpa, Monica Fritsch
Common Law Rules: Applying Common Law Principles To Reassigned Phone Number Disputes Under The Tcpa, Monica Fritsch
American University Business Law Review
No abstract provided.
Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman
Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh
Legal Writing Competition Winners
This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.
Transnational Government Hacking, Jennifer Daskal
Transnational Government Hacking, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
American University National Security Law Brief
No abstract provided.
Speech Across Borders, Jennifer Daskal
Speech Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Privacy And Security Across Borders, Jennifer Daskal
Privacy And Security Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum
Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum
American University Business Law Review
No abstract provided.
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …
The Un-Territoriality Of Data, Jennifer Daskal
The Un-Territoriality Of Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the borders’ edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The …
Pinterest And Copyright's Safe Harbors For Internet Providers, Michael W. Carroll
Pinterest And Copyright's Safe Harbors For Internet Providers, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Has the time come to substantially revise the Copyright Act to better adapt the law to the ever-evolving digital environment? A number of influential sources appear to think so. If their initiatives gain momentum, it will be important to consider lessons learned from the first such effort fifteen years ago when Congress made far-reaching changes to copyright law by extending the term of copyright for twenty years and by enacting a package of reform proposals known as the Digital Millennium Copyright Act (“DMCA”). This Article intertwines the story of one important provision of the DMCA - safe harbors for Internet …
Antitrust Enforcement And Sectoral Regulation: The Competition Policy Benefits Of Concurrent Enforcement In The Communications Sector, Jonathan Baker
Antitrust Enforcement And Sectoral Regulation: The Competition Policy Benefits Of Concurrent Enforcement In The Communications Sector, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
The US competition agencies – the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) – often share jurisdiction with sectoral regulators also charged with fostering competition, such as the Federal Communications Commission (FCC). This article highlights how this institutional structure – concurrent jurisdiction – helps protect competition through the lens of recent US experiences involving the communications industry. It argues that concurrent jurisdiction is likely most effective when the communications regulator has independent access to industry information to limit capture, when the communications regulator can take a long-term perspective, when the antitrust agency can …
'Simple' Takes On The Supreme Court, Robert Tsai
'Simple' Takes On The Supreme Court, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
Telecommunications: Communications Law Reform, Jonathan Baker, Robert Mcdowell, Ajit Pai, Daniel Crane, Maureen Ohlhausen, Jennifer Elrod
Telecommunications: Communications Law Reform, Jonathan Baker, Robert Mcdowell, Ajit Pai, Daniel Crane, Maureen Ohlhausen, Jennifer Elrod
Presentations
The transcript was published on 2013 Journal of Law, Technology & Policy University of Illinois Issue 1.
A Risk Not Worth The Reward: The Stored Communications Act And Employers’ Collection Of Employees’ And Job Applicants’ Social Networking Passwords, Nicholas D. Beadle
A Risk Not Worth The Reward: The Stored Communications Act And Employers’ Collection Of Employees’ And Job Applicants’ Social Networking Passwords, Nicholas D. Beadle
American University Business Law Review
No abstract provided.
The Year In Economics At The Fcc, 2010-11: Protecting Competition Online, Jonathan Baker, Mark Bykowsky, Patrick Degraba, Paul Lafontaine, Eric Ralph, William Sharkey
The Year In Economics At The Fcc, 2010-11: Protecting Competition Online, Jonathan Baker, Mark Bykowsky, Patrick Degraba, Paul Lafontaine, Eric Ralph, William Sharkey
Articles in Law Reviews & Other Academic Journals
The past year in economics at the Federal Communications Commission focused on protecting competition in developing online markets. Our review discusses important economic issues that are raised by the FCC’s Open Internet rulemaking (which is commonly referred to as “net neutrality”) and its review of Comcast’s programming joint venture with General Electric’s NBC Universal affiliate. The Open Internet rule focused on established online markets, while the Comcast/NBCU transaction addressed nascent competition online along with competition in video programming and distribution offline.
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Comcast/Nbcu: The Fcc Provides A Roadmap For Vertical Merger Analysis, Jonathan Baker
Comcast/Nbcu: The Fcc Provides A Roadmap For Vertical Merger Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
The FCC’s analysis of the Comcast-NBCU transaction fills a gap in the contemporary treatment of vertical mergers by providing a roadmap for courts and litigants addressing the possibility of anticompetitive exclusion. The FCC identified the factors any judicial or administrative tribunal would likely consider today in analyzing whether a vertical merger would lead to anticompetitive input or customer foreclosure, and a range of economic methods potentially relevant to applying that template to the facts of a transaction. Notwithstanding the difference between administrative adjudication under a public interest standard and judicial decision-making under the Clayton Act, the legal framework and economic …
For Every Scholar, There Must Also Be The Occasional Frivolity: Heard Any Good Films?, Gary C. Norman
For Every Scholar, There Must Also Be The Occasional Frivolity: Heard Any Good Films?, Gary C. Norman
The Modern American
The author discusses the strengths and weaknesses of the recently enacted Twenty-First Century Communications and Video Accessibility Act (Public Law 111-260).