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Full-Text Articles in Law
Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn
Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn
ExpressO
This article undertakes a normative and empirical legal inquiry into the manner information security vulnerabilities are being addressed through law and in the marketplace. Specifically, this article questions the current legislative paradigm for information security regulation by presenting a critique grounded in information security and cryptography theory. Consequently, this article advocates shifting our regulatory approach to a process-based security paradigm that focuses on improving security of our system as a whole. Finally, this article argues that in order to accomplish this shift with least disruption to current legal and economic processes, expanding an existing set of well-functioning legal structures is …
Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis
Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna
The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna
Journal Articles
Legal protection against unauthorized commercial uses of an individual's identity has grown significantly over the last fifty years as it has relentlessly pursued economic value. It was forced to focus on value because a false distinction between the harms suffered by private citizens and celebrities seemingly left celebrities without a privacy claim for commercial use of their identities. But the normative case for awarding individuals the economic value of their identity is weak, since celebrities do not need additional incentive to invest in either their native skill or in developing a persona. Still, while the prevailing justification is inadequate, as …