Law Commons^™

Comment: Secondary Effects: The First Amendment And Defective 3d Firearm Files, Liam Casey

Golden Gate University Law Review

Three-dimensional printing brought the factory inside the home, leaving behind traditional government oversight and industry safeguards common to the free market. Anyone in the world with a 3D printer can produce a functional firearm, and most adult citizens in the United States. may do so legally. While 3D printing has demonstrated its utility, novel issues such as commercial liability and broad access to computer code for 3D-printable guns remain in the technology’s legal periphery.

This Comment analyzes Washington v. Defense Distributed, in which the United States Department of State attempted to prevent an online organization, Defense Distributed, from posting …

Comment: Injury-In-Fact: Solving The Federal Circuit Court Split Regarding Constitutional Standing In Data Theft Litigation, Simone Cadoppi

Golden Gate University Law Review

This Comment explores the circuit split with regard to standing in data theft cases and proposes a solution for the Supreme Court to adopt. The federal circuits are divided between a more permissive “substantial risk” standard and a more prohibitive “certainly impending” standard. To resolve this split, the Supreme Court should adopt the more permissive substantial risk standard that only requires plaintiffs to show that there exists a substantial risk of future harm stemming from an actual data breach. When establishing constitutional standing, the Supreme Court should only require that plaintiffs establish the occurrence of an actual data breach that …

Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu

Theses and Dissertations

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice …

Nft: The Next Big Thing?, Golden Gate University School Of Law

GGU Law Review Blog

In 2021, Non-Fungible Tokens (“NFTs”) have taken the world of digital art to new heights. Artists are beginning to “tokenize” their art and sell them in NFT marketplaces for highly lucrative prices where bids can be made only with cryptocurrency. The “hype” surrounding NFTs grows by the day, thousands of new NFTs are being “minted” everyday. Even celebrities are getting involved in this digital movement. It seems however, that we have seen only the infancy of the blockchain based technology and that it may soon venture off beyond the world of digital art. For those in the legal profession, it …

The Legal And Regulatory Aspect Of International Cybercrime And Cybersecurity: Limits And Challenges, Nnesochi Nweze-Iloekwe

Theses and Dissertations

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such …

The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

Publications

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around decentralized technologies. …

It's Just Another Little Bit Of History Repeating: Ucita In The Evolving Age Of Information, Thomas J. Murphy

Golden Gate University Law Review

This article will address the procedural and substantive reasons why UCITA is, in fact, overly ambitious. With regard to procedure, Part II.A of this comment will outline the historical naissance and development of the highly successful Uniform Commercial Code and contrast that with the development of UCITA. With regard to substance, Part II.B will address what many practitioners have cited as key objections to UCITA. Further, Part II.B discusses examples of terms used in UCITA and compares them to those of common, established practice. Differentiating UCITA from the UCC in these ways will illustrate how UCITA misses the mark it …

Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz

Golden Gate University Law Review

Existing computer contracting procedures often lead to improperly drafted agreements in light of existing contractual remedies. Computer systems may prove unreliable if suppliers develop them based upon improperly drafted agreements. Because courts are reluctant to go beyond the remedies specified in a freely entered contract, the dissatisfied customers often do not have adequate recourse under their agreements. In order to avoid such a result, the parties to each business arrangement need to clearly understand their rights and duties arising from the transaction, and those rights and duties must be incorporated into the written agreement. This comment will attempt to demonstrate …

Securing Online Commercial Transactions By Digital Signatures: A Comparative Analysis Of The U.S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich

Theses and Dissertations

Main Objects and Purposes of Study: 1. To explore, analyze and identify characteristics of secure online commercial transactions concluded by digital signatures; 2. To study the technology used to create secure digital signatures as well as to harmonize the technical and operational criteria which set the technical standards of digital signatures; 3. To study various schools of thought concerning electronic signatures, which includes digital signatures; 4. To analyze the provisions of Thailand's Electronic Transactions Act; 5. To compare the differences in the Federal E-Sign Act and Thailand's ETransactions Act and to determine any prospective Royal Decree that may later be …