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Articles 1 - 30 of 32
Full-Text Articles in Law
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Maryland Law Review
No abstract provided.
Five Approaches To Insuring Cyber Risks, Christopher C. French
Five Approaches To Insuring Cyber Risks, Christopher C. French
Maryland Law Review
No abstract provided.
Online Terms As In Terrorem Devices, Colin P. Marks
Online Terms As In Terrorem Devices, Colin P. Marks
Maryland Law Review
Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant’s terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hard-pressed to find a merchant that doesn’t try to impose them somewhere on their website. Though such terms and conditions are pervasive, most consumers do not …
Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger
Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger
Maryland Law Review
Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch.
Data-Informed Duties In Ai Development, Frank A. Pasquale
Data-Informed Duties In Ai Development, Frank A. Pasquale
Faculty Scholarship
Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and should be subject to punitive damages when such use is repeated or willful. Regulatory standards for data collection, analysis, use, and stewardship can inform and complement generalist judges. Such regulation will not only provide guidance to …
The Error Theory Of Contract, Matthew A. Seligman
The Error Theory Of Contract, Matthew A. Seligman
Maryland Law Review
Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false beliefs about contract law, it will contribute a new empirical study showing that between one-third and one-half of people falsely believe specific performance rather than damages is the remedy for breach.
The Article will then argue that people’s false beliefs about contract doctrine pose a fundamental …
Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan
Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan
Maryland Law Review
No abstract provided.
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Maryland Law Review
No abstract provided.
The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog
The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog
Maryland Law Review
No abstract provided.
Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale
Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso
Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso
Proxy
No abstract provided.
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker
Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker
Homeland Security Publications
No abstract provided.
Spying Inc., Danielle Keats Citron
Spying Inc., Danielle Keats Citron
Faculty Scholarship
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app provides continuous access to the person’s calls, texts, snap chats, photos, calendar updates, and movements. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.
Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious interception of electronic communications. But those laws are rarely, if ever, …
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Faculty Scholarship
Julie Cohen's Configuring the Networked Self is an extraordinarily insightful book. Cohen not only applies extant theory to law; she also distills it into her own distinctive social theory of the information age. Thus, even relatively short sections of chapters of her book often merit article-length close readings. I here offer a brief for the practical importance of Cohen’s theory, and ways it should influence intellectual property policy and scholarship.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Journal of Business & Technology Law
No abstract provided.
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Journal of Business & Technology Law
No abstract provided.
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
The Looming Threat Of Cyberterrorism
The Looming Threat Of Cyberterrorism
Maryland Carey Law
Technology has the ability to make gray what was once the black letter of the law.
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah
Journal of Business & Technology Law
No abstract provided.
The Anonymous Internet, Bryan H. Choi
A Commission On A Cyber Mission, Adrian Wilairat
A Commission On A Cyber Mission, Adrian Wilairat
Journal of Business & Technology Law
No abstract provided.
Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean
Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean
Journal of Business & Technology Law
No abstract provided.
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover
Journal of Business & Technology Law
No abstract provided.
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Faculty Scholarship
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale
Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale
Faculty Scholarship
Internet service providers and search engines have mapped the web, accelerated e-commerce, and empowered new communities. They also pose new challenges for law. Individuals are rapidly losing the ability to affect their own image on the web - or even to know what data are presented about them. When web users attempt to find information or entertainment, they have little assurance that a carrier or search engine is not biasing the presentation of results in accordance with its own commercial interests.
Technology’s impact on privacy and democratic culture needs to be at the center of internet policy-making. Yet before they …
The Internet Is A Semicommons, James Grimmelmann
The Internet Is A Semicommons, James Grimmelmann
Faculty Scholarship
The Internet is a semicommons. Private property in servers and network links coexists with a shared communications platform. This distinctive combination both explains the Internet's enormous success and illustrates some of its recurring problems.
Building on Henry Smith's theory of the semicommons in the medieval open-field system, this essay explains how the dynamic interplay between private and common uses on the Internet enables it to facilitate worldwide sharing and collaboration without collapsing under the strain of misuse. It shows that key technical features of the Internet, such as its layering of protocols and the Web's division into distinct "sites," respond …
The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann
The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann
Faculty Scholarship
For the past four years, Google has been systematically making digital copies of books in the collections of many major university libraries. It made the digital copies searchable through its web site--you couldn't read the books, but you could at least find out where the phrase you're looking for appears within them. This outraged copyright owners, who filed a class action lawsuit to make Google stop. Then, last fall, the parties to this large class action announced an even larger settlement: one that would give Google a license not only to scan books, but also to sell them.
The settlement …