Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 2nd Circuit US Circuit Court of Appeals; 9th Circuit; 9th US Circuit Court of Appeals; Ape; Art; Authentication; Authenticity; BAYC; Birkin; Bitcoin; Bitcoin Blockchain; Blockchain; Blockchain Technology; Bored Ape Yacht Club; Brand Identity; Branding; Brand Protection; Business; Businesses; California; Central District of California; Civil Law; Classification; Collectibles; Commerce; Common Law; Consumer Confusion; Crypto; Cryptocurrency; CryptoPunk; CryptoPunks; Digital; Digital Age; Digital Assets; Digital Database; Digital Collectibles; Double Identity; Ethereum; Ethereum Blockchain; EU; EUIPO; Europe; European Union; European Union Intellectual Property Office; European Union Trade Mark; European Union Trade Mark Regulation; EUTM; EUTMR; Fair Competition; Federal Court; First Amendment; First to use; First to file; Global; Globalization; Hermes; Infringement; Innovation; Intellectual Property; Intent-to-Use; Internet; IP; Lanham; Lanham Act; Likelihood of Confusion; Litigation; Madrid Agreement; Madrid Protocol; Mark; Mason Rothschild; Metadata; MetaBirkin; MetaBirkins; Metaverse; Mint; Minted; Minting; New York; NFT; NFTs; Nice Classification; Nike; Non-Fungible Token; Non-Fungible Tokens; Ownership; Paris Convention; PFP; PFP NFT; Registered Marks; Regulation (EU) 2017/100; Regulation 2017/1001; Rothschild; RR/BAYC; Ryder Ripps; Satoshi Nakamoto; SDNY; Smart Contract; Sneaker; Southern District of New York; StockX; Technology; TM; TMs; Token; Tokens; Tokenization; Token ID; Trade; Trade-Related Aspect of Intellectual Property Rights Agreement; Trademark; Trademark Act; Trademark Cases; Trademark Infringement; Trademark Registration; TRIPS; TRIPS Agreement; United States; United States Patent and Trademark Office; Unregistered Marks; US; USPTO; Vault NFT; Virtual goods; WIPO; World Intellectual Property Organization; Yuga; Yuga Labs (1)
- Canada; Ghana; United States; LGBTQ+; Conversion Therapy; Religious Conversion Therapy; Sexual Orientation and Gender Identity Change Efforts; Lesbian; Gay; Bisexual; Transgender; Queer; 2-Spirit; Intersex; Homosexuality; Sexuality; Sexual Orientation; Gender Identity; Gender Expression; Gender Binary; Gender-Based Discrimination; Anti-LGBTQ+; Homophobia; Transphobia; LBGTQ+ Rights; Human Rights; International Human Rights; The Criminal Offenses Act (1960) (Ghana); The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill; Bill C-6 An Act to Amend the Criminal Code (Conversion Therapy); Bill C-4 An Act to Amend the Criminal Code (Conversion Therapy); The Prohibition of Medicaid Funding for Conversion Therapy Act (2019); The Therapeutic Fraud Prevention Act (2021) (1)
- Deepfake; Artificial Intelligence; Media Manipulation; Convention on Cybercrime; Budapest Convention; Synthetic Media; Data Protection; General Data Protection Regulation; National Defense Authorization Act; Misinformation; Disinformation; Machine Learning; Generative Adversarial Network; International Covenant on Civil and Political Rights; Universal Declaration of Human Rights; First Amendment; Human Rights Law; Intellectual Property Law; International Law; Internet Law; Legislation; National Security Law; Privacy Law (1)
- Domestic terrorism; Terrorism; Counterterrorism; United Kingdom; United States; Canada; Global Terrorism; Global Terrorism Database; Global Terrorism Index; Proud Boys; September 11; Department of State; Department of Defense; Department of Justice; Department of Homeland Security; Federal Bureau of Investigation; Extremism; Terrorist Foreign terrorist organization Terrorist entity Terrorist group New York Neumann Act Anti-Terrorism Act Terrorism Act National Strategy for Countering Domestic Terrorism (1)
- Edwarn Snowden; Metadata; Personal privacy; National Security Agency (NSA); Government Communications Headquarters (GCHQ); United States of America (USA); United Kingdom (UK); European Court of Human Rights (ECtHR); European Convention on Rights (ECHR); Investigatory Powers Tribunal; Britain; British Parliament; Telecommunications Act of 1984; American Civil Liberties Union (ACLU); USA PATROIT Act; Regulation of Investigatory Powers Act 2000; International human rights; Communications data; Confidential information; Disclosure of Communications Data Code of Practice; Surveillance program; Freedom of expression; National security; United Nation's Human Rights Council; United Nations General Assembly; First Amendment; United States Constitution; Jouralist; Jouralism (1)
-
- European Court of Justice; Google Spain v. AEPD and Mario Costeja González; Google; Commission National de l'Informatique des Libertés; Consumers; Search engines; European Union; Internet Protocol; Martin v. Hearst Corporation; United States Supreme Court; Data Protection Directive; Direct 95/46/EC; Privacy; Internet; U.S. Citizens; Freedom of privacy; Freedom of speech; Universal Declaration of Human Rights; European Parliament; Globalization; European Commission; United States; Department of Defense Advanced Research Projects Agency; Griswold v. Connecticut; Right to be forgotten; Data Protection Working Party; Miller v. California; First Amendment (1)
- Hong Kong; Hong Kong Special Administrative Region; HKSAR; Court of Final Appeal; CFA; Basic Law; the Basic Law of the Hong Kong Special Adminstrative Region of the People's Republic of China; localists; localism; political speech; free expression; free speech; freedom of speech; China; People's Republic of China; PRC; rights; Standing Committee of the National People's Congress; NPCSC; one country (1)
- International Covenant on Civil and Political Rights; ICCPR; freedom of expression; speech; discriminationl; hostility; violence; inciting speech; incitement; universal standard; First Amendment; ARTICLE 19; human rights; Article 20(2); Nazi; Charlottesville; UDHR; Universal Declaration of Human Rights; United Nations; ECHR; ECtHR; ILC (1)
- Religious Exemptions (1)
- Social media; Copyright; Copyright enforcement; Copyright protection; YouTube; Instagram; Facebook; TikTok; European Union; Copyright Directive; Natural right; Copystrike; Meme ban; DMCA; Digital Millennium Copyright Act; Fair Use; Digital age; Content creator; YouTuber; TikToker; WIPO; World Intellectual Property Organization; Copyright Act; ByteDance; Fair Use Doctrine; Policy; Berne Convention; Member State; European Council Directive; Article 11; Article 17; Tech giant; Link tax; Censorship machine; Notice-and-takedown; Content filter; ContentID; Google; Freedom of speech; Misinformation; Global society (1)
- Two systems; OCTS; Sino-British Joint Declaration of 1984; Joint Declaration; Article 158 (1)
- United States; Germany; First Amendment; Basic Law; U.S. Constitution; Anti-Semitism Awareness Act; World War II; the Holocaust; anti-Semitism; ICCPR; ICERD; UDHR; hate crimes; hate speech; freedom of speech; right to human dignity; discrimination; human rights; civil rights; censorship; European Union; United Nations; Network Enforcement Act; NetzDG; General Act on Equal Treatment (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Brooklyn Journal of International Law
The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Brooklyn Journal of International Law
Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Brooklyn Journal of International Law
For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …
The Good, The Bad, And The Historically Anti-Semitic: An Analytical Comparison Of Anti-Hate Laws In Germany And The United States, Jamie Rauch
Brooklyn Journal of International Law
Confronted every day with drastically increasing accounts of hate crimes and hate speech, nations’ legislators have routinely tried and subsequently failed to implement effective legislation capable of curbing the hatred epidemic currently sweeping the globe. This failure is due in large part to the lack of a universal stance on hate crime regulation and criminalization. Two countries in particular, the United States and Germany, embody two diametrically opposing approaches taken by nations in the present-day war on hate speech. This Note explores the dramatic dichotomy between the legislative framework surrounding the regulation of hate speech in these two countries. This …
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Brooklyn Journal of International Law
Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Brooklyn Journal of International Law
The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Brooklyn Journal of International Law
In May 2014, the European Court of Justice decided Google Spain v. AEPD and González and granted citizens the right to be forgotten, rather, the right to request any search engine offering services to European consumers to remove certain results displayed after a search of a citizen’s name. This decision has also resulted in an ongoing battle between Google and the Commission Nationale de l’Infomatique et des Libertés (CNIL), France’s data protection authority. The CNIL believes that Google must apply the right to be forgotten to all domains worldwide, including Google.com. Google, however, has been reluctant to do so, given …