Law Commons^™

Panel I: Cyber Regulation, Asaf Lubin, Gregory M. Dickinson, Thomas E. Kadri

Georgia Law Review Symposia

Panel discussion on cyber regulation with Professors Asaf Lubin, Indiana-Bloomington Law, and Gregory Dickinson, St. Thomas Law. Moderated by Georgia Law Professor Thomas Kadri.

Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp

Georgia Law Review

When the European Union’s (EU) General Data Protection Regulation (GDPR) passed in 2016, it represented the world’s first major comprehensive data privacy law and kicked off a conversation about how we think about the right to privacy in the modern age. The law granted a broad range of rights to EU citizens, including a right to have companies delete data they collect about you, a right not to have your personal information sold, and a range of other rights all geared towards individual autonomy over personal data. All the while, platform companies like Facebook (Meta), Apple, and Amazon have taken …

Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple

Georgia Journal of International & Comparative Law

No abstract provided.

The Double-Side Of Deepfakes: Obstacles And Assets In The Fight Against Child Pornography, Abigail Olson

Georgia Law Review

Deepfake technology recently took the internet by storm. Although they can be used for both innocuous and nefarious purposes, deepfakes overwhelmingly depict people who appear to be creating nonconsensual pornography. The rise of deepfake technology must be accounted for in the existing federal legal framework, specifically in cases implicating images of children. While deepfakes’ malicious uses ought to be criminalized, exceptions should be made to use deepfake technology as a tool to enforce and deter purveyors of child pornography. This Note explores what the emerging legal framework addressing deepfakes should look like and considers the importance of using the “flipside” …

Facebook, Crime Prevention, And The Scope Of The Private Search Post-Carpenter, Connor M. Correll

Georgia Law Review

The Fourth Amendment of the U.S. Constitution protects people “against unreasonable searches and seizures.” The private search doctrine provides a notable exception to the Fourth Amendment, providing that the government may reconstruct a search previously performed by a private party without first obtaining a warrant. The U.S. Supreme Court developed the private search doctrine prior to the advent of the internet; however, modern technology has changed the way that individuals live. What was once done entirely in private is now done alongside ever-present third parties, such as cell phones and virtual assistants.

Facebook and other social media sites complicate Fourth …

Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton

Scholarly Works

The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …

State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley

Georgia Journal of International & Comparative Law

No abstract provided.

The Code Of The Platform, Todd Haugh, Abbey Stemler, Joshua E. Perry

Georgia Law Review

Digital platform-based businesses such as Uber,
eBay, and Google have become ubiquitous in our daily
lives. They have done so by expertly harnessing
technology to bring supply- and demand-side users
together for commercial and social exchange. Users are
happy to let these platform companies play
“matchmaker” because transaction costs are lowered—it
is easier to find or give a ride, buy or sell a product, or
obtain almost any kind of information than ever before—
and platforms are happy to be at the center of the
exchange, taking advantage of network effects to become
wildly successful. Despite the success of these …

Speech, Innovation, And Competition, Greg Day

Scholarly Works

Critics contend that concentrated power in digital markets has generated threats to free speech. For a variety of reasons, market power is naturally thought to concentrate in digital markets. The consequence is that “big tech” is said to face little competition; Facebook controls 72 percent of the social media market while the parent of YouTube (72 percent of the video market) is Google (92 percent of the search market). This landscape has potentially vested private companies with unprecedented power over the flow of information. If Facebook, for example, decides to ban certain types of speech or ideas, it would potentially …

Networks Of Empathy, Thomas E. Kadri

Scholarly Works

Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.

Although law can be a powerful tool to regulate digital abuse, legal responses are …

The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws, Zachary P.T. Lundgren

Georgia Law Review

In 2018, on the heels of intense debate and
widespread media campaigns, the FCC repealed its
2015 regulations protecting net neutrality. The repeal
continued to stoke controversy after it was announced,
facing congressional and legal challenges almost
immediately. The most interesting response, however,
has been the passage of state net neutrality laws in
California, Oregon, Vermont, and Washington. The first
of their kind, these four laws largely purport to reinstate
the 2015 net neutrality rules within state lines.
Rather than take sides in the net neutrality debate,
this Note focuses on these novel state laws and,
principally, whether they will …

The Legal Implications Of Synthetic And Manipulated Media, Thomas E. Kadri

Popular Media

Ahead of the U.S. 2020 presidential election, the Carnegie Endowment for International Peace convened more than 100 experts from three dozen organizations inside and outside Silicon Valley in private meetings to help address the challenges that synthetic and manipulated media pose for industry, government, and society more broadly. Among other things, the meetings developed a common understanding of the potential for synthetic and manipulated media circulated on technology platforms to disrupt the upcoming presidential election, generated definitions of “inappropriate” election-related synthetic and manipulated media that have informed platform content moderation policies, and equipped platforms with playbooks of effective and ethical …

Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick

Scholarly Works

In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression—particularly the entangled concepts …

What The Hack?! Reexamining The Duty Of Oversight In An Age Of Data Breaches, Amanda M. Payne

Georgia Law Review

Due to the proliferation of electronic data and
advancements in technology, data breaches have become
commonplace. Data breaches are a threat to
corporations of all sizes and can have devastating
impacts. Focusing solely on Delaware law, this Note
explores how doctrines such as the business judgment
rule, exculpation provisions, and heightened pleading
standards have left shareholders with limited recourse
in holding directors liable for the catastrophic
consequences of data breaches. Recognizing that
shareholders have been unsuccessful alleging
Caremark-type claims arising out of a data breach, this
Note argues that the expansion of bad faith in Walt
Disney provides alternative ground …

How Supreme A Court?, Thomas E. Kadri

Popular Media

Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?

How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri

Popular Media

The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.

Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross

Georgia Journal of International & Comparative Law

No abstract provided.

Speech V. Speakers, Thomas E. Kadri

Popular Media

Twitter's new rules about extremist speech blur the lines between people and words.

Perfecting Bitcoin, Kevin V. Tu

Georgia Law Review

Bitcoin is still here. The price of Bitcoin rebounded-
setting a record high of $19,783.21 per Bitcoin in
December 2017 before dropping to a price of $8,690 per
Bitcoin as of March 22, 2018. Moreover, legal and
regulatory developments, like New York's BitLicense and
federal taxation of virtual currency as property, can be
viewed as legitimizing its use. The normalization of
virtual currency is evidenced by its increasingly
mainstream applications. Virtual currency can be used
as a faster and lower cost method of transferringfunds
domestically and internationally. A growing number of
retailers now accept virtual currency as a method of …

Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus

Journal of Intellectual Property Law

No abstract provided.

Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies

Journal of Intellectual Property Law

No abstract provided.

I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph

Journal of Intellectual Property Law

No abstract provided.

Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency, Christina Chow

Journal of Intellectual Property Law

No abstract provided.

All Blogs Go To Heaven: Preserving Valuable Digital Assets Without The Uniform Fiduciary Access To Digital Assets Act's Removal Of Third Party Privacy Protections, Elizabeth D. Barwick

Georgia Law Review

In the age of the Internet, most of us live our lives largely online. As such, one would expect a concomitant increase in concern for privacy, but this is not necessarily the case. It seems that the instantaneous and anonymous nature of the Internet has given rise to thoughtless sharing that simply did not exist when it was necessary to put pen to paper. Understanding that a great deal of our day-to-day activities are now carried out over the Internet, it makes sense that our families and heirs would want or need access to our accounts in the event of …

Cybersecurity On My Mind: Protecting Georgia Consumers From Data Breaches, Maggie L. Mcmichael

Georgia Law Review

In a world where vast amounts of personal information
are obtained and stored by countless organizations and
businesses in the public and private sector, data breaches,

due to negligence or nefarious hacking, are a far too
common occurrence. The results of a data breach can be
serious and widespread, from public humiliation to
identity theft and national security crises. In an effort to
protect consumers from the potentially devastating effects
of data breaches, the Federal Trade Commission has
begun to take enforcement action against businesses whose
data security practices are alleged to be unfair and
deceptive. Theoretically, states can take …

Managing Cyber Risks, Kristin N. Johnson

Georgia Law Review

Cyber risks are as pervasive as the technology that facilitates their execution. The threat of cyber attacks or plots to deploy cyber weapons against critical government entities, private businesses and domestic and international infrastructure resources creates a most significant risk management concern. Pernicious,perilous and ubiquitous, cyber risks have merged as the newest risk management frontier. While the consequences of cyber attacks against individual financial institutions may be alarming, the interconnectedness of the largest financial institutions in the global economy and their shared dependence on technology render these businesses and the systems that execute their transactions shockingly vulnerable. Because of the …

Personal Property Servitudes On The Internet Of Things, Christina Mulligan

Georgia Law Review

Small appliances such as thermostats, watches, jewelry, and eyewear are now being made available with networking capability. These networked objects make up the growing Internet of Things-pieces of personal property that run software and connect to the global Internet. These products are typically governed by terms of service or end-user license agreements that create restrictions on how products can be used or transferred- restrictions which would be unenforceable if the inside of the product consisted of gears rather than processing chips. This Article explores the question of when use and transfer restrictions should be enforceable on networked appliances and other …

The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss

Journal of Intellectual Property Law

No abstract provided.

Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker

Journal of Intellectual Property Law

No abstract provided.

Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell

Journal of Intellectual Property Law

No abstract provided.