Law Commons^™

Breaking Algorithmic Immunity: Why Section 230 Immunity May Not Extend To Recommendation Algorithms, Max Del Real

Washington Law Review Online

In the mid-1990s, internet experiences were underwhelming by today’s standards, despite the breakthrough technologies at their core. When a person logged on to the internet, they were met with a static experience. No matter who you were, where you were, or how you accessed a particular website, it rendered a consistent page. Today, internet experiences are personalized, dynamic, and vast—a far cry from the digital landscape of just a few decades ago. While today’s internet is unrecognizable compared with its early predecessors, many of its governing laws remain materially unaltered. In particular, section 230 of the Communications Act, which passed …

Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta

Marquette Law Review

None.

The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine

Catholic University Journal of Law and Technology

No abstract provided.

Free Speech In The Modern Age, Fordhamiplj@Gmail.Com

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Symmetry And (Network) Neutrality, Tejas N. Narechania

Michigan Law Review Online

In this short Essay, I take the opportunity to highlight one further potential asymmetry that may yet emerge from the Supreme Court’s application of Chevron’s many doctrines. Drawing on then-Judge Kavanaugh’s disdissental from the D.C. Circuit’s decision affirming network neutrality rules, I suggest that there is at least one vote on the Supreme Court—and perhaps more—for an asymmetric approach to the major questions doctrine. Moreover, I demonstrate how asymmetry in this context is deeply irrational. As applied to network neutrality, the asymmetry has at least one of two effects. One, it might simply favor one large industry over another, …

Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula

Duke Law & Technology Review

No abstract provided.

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.

The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano

Pace Law Review

The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to …

The Airwaves Meet The Highways, David Redl

Journal of Law and Mobility

I applaud and congratulate the University of Michigan for launching the Journal of Law and Mobility. The timing is perfect. The information superhighway is no longer just a clever metaphor. We are living in an era where internet connectivity is a critical part of making transportation safer and more convenient. Internet connectivity has powered the U.S. and global economies for years now. In the early stages, dial-up connections enabled users to access a vast store of digital information. As the internet and its usage grew, so did the demand for faster broadband speeds. Finally, wireless networks untethered the power of …

When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman

Pepperdine Law Review

In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in supporting terrorism, …

Legal Jurisdiction And Virtual Social Life, Paul Schiff Berman

Catholic University Journal of Law and Technology

Social lives are increasingly unmoored from physical location. 21^st century developments in social media, virtual worlds, augmented reality, electronic financial transactions, drones, robotics, and artificial intelligence allow human beings to interact in more and more robust ways at a physical remove from their location. Meanwhile, the ubiquity of multinational corporations, global supply chains, and cloud-based data all mean that our lives are more likely to be affected by activity that is spatially distant. Virtual effects often replace direct territorial effects.

Three important consequences flow from this ubiquitous technology-enabled, data-driven virtual global societal activity. First, the territorial location of data …

From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe

Catholic University Law Review

In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used to …

Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton

Seattle University Law Review

Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the …

Utility Law—All Hands On Deck: Bringing Broadband Home To Rural Arkansas, Amie Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.

Consumer Protection In The Age Of Connected Everything, Terrell Mcsweeny

NYLS Law Review

No abstract provided.

The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch

NYLS Law Review

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.

Towards An Internet Bill Of Rights, Giovanna De Minico

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications & Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of …

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett

Touro Law Review

No abstract provided.

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.