Law Commons^™

Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel

Joint PIJIP/TLS Research Paper Series

The Centre for Information Policy Leadership (CIPL) and Tech, Law & Security Program (TLS) have been collaborating on a project regarding data localization policies. As data localization is increasingly gaining traction, we seek to understand the different dimensions of the impacts and effectiveness of these policies. As part of this collaboration—CIPL published a paper on the “real life” business, societal, and consumer impacts of data localization policies and TLS published the present paper on whether data localization measures are legally effective in achieving one of their main ostensible purposes, i.e., to prevent foreign government access to data.

Ransomware Groups On Notice: U.S. Cyber Operation Against Revil Is Permissible Under International Law, Justin Singh

American University International Law Review

The continued increase in the use of ransomware by cyber criminals has had a costly impact on businesses and organizations around the world. Ransomware groups continue to initiate attacks on businesses and organizations, and states have become increasingly concerned over the potential impact it may have on their critical infrastructure and economies. The United States’ recent acknowledgement of cyber operations against ransomware groups highlights the seriousness of the issue and exposes areas of international law that are complicated when applied to cyber operations against these groups. This Comment explores the relevant international law as it applies to the United States …

Combating Ransomware: One Year On, V. Gerard Comizio, Gary Corn, William Deckelman, Karl Hopkins, Mark Hughes, Patrick Mccarty, Sujit Raman, Kurt Sanger, Ari Schwartz, Melanie Teplinsky, Jackson Colling

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Securing Patent Law, Charles Duan

Articles in Law Reviews & Other Academic Journals

A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …

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

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal

Contributions to Books

Provides a framework to better understand Global Legal Pluralism and the current international state of law.

Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.

Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.

Nonexcludable Surgical Method Patents, Jonas Anderson

Articles in Law Reviews & Other Academic Journals

A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?

The traditional answer …

Transnational Government Hacking, Jennifer C. Daskal

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Internet Of Infringing Things: The Effect Of Computer Interface Copyrights On Technology Standards, Charles Duan

Articles in Law Reviews & Other Academic Journals

You connect to the Internet via your Wi-Fi access point. You surf the Web using a browser and send emails through your email server. You probably use some USB peripherals-say a mouse, keyboard, or printer. Maybe you even watch cable or broadcast television.

Under current case law, each of those computer systems and devices may very well be copyright-infringing contraband. This is through no fault of your own-you need not be pirating music or streaming illegal movies to infringe a copyright. The infringement simply exists, hard-wired within each of those devices and many more that you use, a result of …

Cracking The Copyright Dilemma In Software Preservation: Protecting Digital Culture Through Fair Use Consensus, Peter Jaszi, Patricia Aufderheide, Brandon Butler, Krista L. Cox

Articles in Law Reviews & Other Academic Journals

Copyright problems may inhibit the crucially important work of preserving legacy software. Such software is worthy of study in its own right because it is critical to accessing digital culture and expression. Preservation work is essential for communicating across boundaries of the past and present in a digital era. Software preservationists in the United States have addressed their copyright problems by developing a code of best practices in employing fair use. Their work is an example of how collective action by users of law changes the norms and beliefs about law, which can in turn change the law itself insofar …

Data Localization The Unintended Consequences Of Privacy Litigation, H Jacqueline Brehmer

American University Law Review

No abstract provided.

What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels

Criminal Law Practitioner

No abstract provided.

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela

Criminal Law Practitioner

No abstract provided.

Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney

Criminal Law Practitioner

No abstract provided.

The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick

American University Law Review

No abstract provided.

More Than The Sum Of All Parts: Taking On Ip And It Theft Through A Global Partnership, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

The core of this Article describes some of the efforts, both within and outside the United States, to control the epidemic of intellectual property and information technology (IP and IT) theft. Those engaged in the battle include prosecutors and judges, individuals and trade associations, and politicians and policymakers from all points on the political spectrum. And yet, even with so many forces working to stem the tide, the losses are staggering.

An innovator with the potential to change his or her future as well as the prosperity of the surrounding economy, whether in Kentucky or Kinshasa, will be dissuaded from …

Giving Purpose To Your Life As A Legal Writer, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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.

Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking, Kendall Vitale

American University International Law Review

No abstract provided.

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 …

Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley

Legislation and Policy Brief

On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register. As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status. Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …

Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman

Legislation and Policy Brief

In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin …

The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa

Articles in Law Reviews & Other Academic Journals

This essay provides the epilogue to the University of Houston’s Institute for Intellectual Property & Information Law’s 2010 National Conference, “The ©©© Conference: Celebrating Copyright’s tri-Centennial,” in Santa Fe, New Mexico. The conference focused on the Statute of Anne, the first copyright statute ever, anywhere, enacted by the British Parliament in 1710.

Copyright law in the United States, the lineal descendant of the Statute of Anne, has managed to negotiate a course between over-protecting and under-protecting copyrighted matter, and to strike at least a rough balance between the social interest in securing capital investment, on the one hand, and encouraging …

Writer's Block, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Notes On Pki And Digital Negotiability: Would The Cybercourier Carry Luggage, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.