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Full-Text Articles in Law

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo Aug 2021

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address ...


Municipal Fiber In The United States: A Financial Assessment, Christopher S. Yoo, Jesse Lambert, Timothy P. Pfenninger Jul 2021

Municipal Fiber In The United States: A Financial Assessment, Christopher S. Yoo, Jesse Lambert, Timothy P. Pfenninger

Faculty Scholarship at Penn Law

Despite growing interest in broadband provided by municipally owned and operated fiber-to-the-home networks, the academic literature has yet to undertake a systematic assessment of these projects’ financial performance. To fill this gap, we utilize municipalities’ official reports to offer an empirical evaluation of the financial performance of every municipal fiber project in the U.S. operating in 2010 through 2019. An analysis of the actual performance of the resulting fifteen-project panel dataset reveals that none of the projects generated sufficient nominal cash flow in the short run to maintain solvency without infusions of additional cash from outside sources or debt ...


Private Lives At Home And Public Lives In Court: Protecting The Privacy Of Federal Judges' Home Addresses, Hannah Elias Sbaity Jul 2021

Private Lives At Home And Public Lives In Court: Protecting The Privacy Of Federal Judges' Home Addresses, Hannah Elias Sbaity

Journal of Intellectual Property Law

Targeted murders of federal judges and their families at their private homes date back to May 29, 1979. Most recently, in July 2020, Judge Esther Salas’s only son, Daniel, was murdered and her husband near-fatally shot at their home. Individuals wishing to inflict such harm or death at federal judges’ homes have been able to do so because of federal judges’ publicly available home addresses. Because personally identifying information (PII) is defined differently from statute to statute, home addresses largely remain public information in most states and can be found in real estate records, data broker websites, social media ...


Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick Jul 2021

Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick

Journal of Intellectual Property Law

Under the Digital Millennium Copyright Act (DMCA), indirect theories of liability such as vicarious liability and contributory infringement have been inconsistently applied, leading the Copyright Office to recommend lowering the knowledge standard and increasing potential liability for Online Service Providers (OSPs). In this note, I will discuss the histories of vicarious liability and contributory infringement, which demonstrate that courts have correctly applied the standards under the DMCA. Further, through a case-study of Twitch, an up-and-coming streaming website, I will discuss how the proposed amendments drive against the policies underlying the indirect theories of liability and would destroy OSPs like Twitch ...


A Deep Dive Into Technical Encryption Concepts To Better Understand Cybersecurity & Data Privacy Legal & Policy Issues, Anthony Volini Jul 2021

A Deep Dive Into Technical Encryption Concepts To Better Understand Cybersecurity & Data Privacy Legal & Policy Issues, Anthony Volini

Journal of Intellectual Property Law

Lawyers wishing to exercise a meaningful degree of leadership at the intersection of technology and the law could benefit greatly from a deep understanding of the use and application of encryption, considering it arises in so many legal scenarios. For example, in FTC v. Wyndham1 the defendant failed to implement nearly every conceivable cybersecurity control, including lack of encryption for stored data, resulting in multiple data breaches and a consequent FTC enforcement action for unfair and deceptive practices. Other examples of legal issues requiring use of encryption and other technology concepts include compliance with security requirements of GLBA & HIPAA, encryption ...


Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman Jul 2021

Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman

Joint PIJIP/TLS Research Paper Series

No abstract provided.


Automated Decision Making And Machine Learning: Regulatory Alternatives For Autonomous Settings, Alyssa Heminger Jun 2021

Automated Decision Making And Machine Learning: Regulatory Alternatives For Autonomous Settings, Alyssa Heminger

University Honors Theses

Given growing investment capital in research and development, accompanied by extensive literature on the subject by researchers in nearly every domain from civil engineering to legal studies, automated decision-support systems (ADM) are likely to see a place in the foreseeable future. Artificial intelligence (AI), as an automated system, can be defined as broad range of computerized tasks designed to replicate human neural networks, store and organize large quantities of information, detect patterns, and make predictions with increasing accuracy and reliability. By itself, artificial intelligence is not quite science-fiction tropes (i.e. an uncontrollable existential threat to humanity) yet not without ...


Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff Jun 2021

Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff

William & Mary Bill of Rights Journal

The recent proliferation of data breaches is one such event requiring a rethreading of standing doctrine. The Courts of Appeal are currently split on whether to allow or deny standing for data breach plaintiffs—those persons seeking recourse from the entities that fell victim to the breach and therein lost plaintiffs’ data to an unknown third party. Standing requires plaintiffs to show some injury, and how courts approach the concept of injury in these data breach cases determines whether plaintiffs will survive the standing analysis. Despite the disparate treatment of litigants across the circuits, the Supreme Court has repeatedly punted ...


Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz Jun 2021

Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz

Journal of Law and Policy

The Federal Trade Commission is an administrative agency that has traditionally been aggressive when deploying its delegated authority. At the core of these actions is the FTC’s interpretive definition of deception as based upon a reasonable consumer standard. Specifically, the commission has regularly used Section 5(a) of the FTC Act, in tandem with its interpretive definition of deception, as a sword in a variety of contexts, including enforcement actions for deceptive advertising, endorsements, and claim substantiation against a range of industries. These include successfully brought actions or consent decrees obtained in enforcement proceedings against powerful economic entities, including ...


Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer May 2021

Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris Van Hoboken, Ronan Ó Fathaigh May 2021

Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris Van Hoboken, Ronan Ó Fathaigh

UC Irvine Journal of International, Transnational, and Comparative Law

This Article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platforms to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies ...


Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park May 2021

Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park

UC Irvine Journal of International, Transnational, and Comparative Law

In this Article, I will review the origins of data protection laws and reestablish the concept of “data surveillance” as the primary evil that data protection laws should try to abate. From this review, I discover a transnational principle that strong data protection laws are must-haves for all jurisdictions wishing to protect privacy for their people, but that data protection laws should not be applied to data that have been made publicly available through legitimate process. I then find legislative examples embodying such principle. Next, I will look at “scientific research” exemptions from data subjects’ control on pseudonymized data, and ...


The Limits Of International Law In Content Moderation, Evelyn Douek May 2021

The Limits Of International Law In Content Moderation, Evelyn Douek

UC Irvine Journal of International, Transnational, and Comparative Law

In remarkably short order, there has been growing convergence, especially in academia and civil society, around the idea that major social media platforms should use international human rights law (IHRL) as the basis for their content moderation rules. Even platforms themselves have begun to agree. But why have these legendarily growth-obsessed companies been so quick to voluntarily say they are jumping on this bandwagon? Afterall, advocates for incorporating IHRL into content moderation governance generally envision it operating as a constraint on social media platforms’ operations. There are both encouraging and less encouraging explanations. For the glass half-full types, there is ...


The Economic Loss Doctrine & Data Breach Litigation: Applying The “Venerable Chestnut Of Tort Law” In The Age Of The Internet, Nicolas N. Labranche May 2021

The Economic Loss Doctrine & Data Breach Litigation: Applying The “Venerable Chestnut Of Tort Law” In The Age Of The Internet, Nicolas N. Labranche

Boston College Law Review

Data controllers and processors are increasingly finding themselves the targets of hackers who steal the personal identifiable information (PII) stored in their systems and sell it on the dark web. Data subjects, whose PII is exposed in a data breach, routinely have been turning to data breach litigation as a means of compensation for the damages that they suffer. Routinely, plaintiffs have pleaded negligence causes of action against data controllers or processors. A plaintiff’s ability to overcome procedural hurdles, not the merits of their case, often dictates the success or failure of these tort claims. One prominent hurdle is ...


Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu May 2021

Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu

Seattle Journal of Technology, Environmental & Innovation Law

The United States has been patiently waiting for a comprehensive federal data privacy law to protect consumers. However, strong data privacy laws can also protect a less thought-about group: survivors of domestic violence and intimate partner violence. As new technology proliferates into our daily lives, technology-based abuse is quickly becoming a common form of intimate partner abuse. Domestic violence survivors and advocates have to stay extra vigilant about who has access to their internet data. Needing to understand technology-specific safety measures and learn technology-literacy skills adds more work to already overwhelmed domestic violence advocates and survivors. Could the law serve ...


Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile May 2021

Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile

Seattle Journal of Technology, Environmental & Innovation Law

The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide ...


Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro May 2021

Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro

Senior Honors Projects

Section 230 of the Communications Decency Act (CDA), has for over two decades provided “interactive computer services” a legal liability shield for defamatory or otherwise actionable user-generated content posted on their platforms and, for lawsuits stemming over unequal enforcement of their content policies provided enforcement efforts are taken in “good faith.” This law, passed in the early days of the Internet, incubated the Internet and social media, giving it the regulatory freedom it needed to grow into a platform where hundreds of millions of Americans can exchange ideas and engage in political and social discourse. Yet, for all the good ...


The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor May 2021

The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor

Notre Dame Law Review

Schrems II invalidated Privacy Shield because the court found that it did not provide an “essentially equivalent” level of protection compared to the guarantees of the GDPR. The National Security Agency (NSA) operated surveillance programs that had the potential to infringe on the rights of EU subjects, and there was a lack of oversight and effective judicial remedies to protect rights of EU data subjects, which undermined Privacy Shield as a mechanism for data transfers. This Note sets aside the surveillance and national security issue, which would require resolution through a shift in overall U.S. national security law, and ...


Reviving Negotiated Rulemaking For An Accessible Internet, Julie Moroney May 2021

Reviving Negotiated Rulemaking For An Accessible Internet, Julie Moroney

Michigan Law Review

Web accessibility requires designing and developing websites so that people with disabilities can use them without barriers. While the internet has become central to daily life, websites have overwhelmingly remained inaccessible to the millions of users who have disabilities. Congress enacted the Americans with Disabilities Act (ADA) to combat discrimination against people with disabilities. Passed in 1990, it lacks any specific mention of the internet Courts are split as to whether the ADA applies to websites, and if so, what actions businesses must take to comply with the law. Further complicating matters, the Department of Justice (DOJ) initiated the rulemaking ...


Digital Age Samaritans, Zachary D. Kaufman Apr 2021

Digital Age Samaritans, Zachary D. Kaufman

Boston College Law Review

Modern technology enables people to view, document, and share evidence of crimes contemporaneously or soon after commission. Electronic transmission of this material—including through social media and mobile devices—raises legal, moral, and practical questions about spectators’ responsibilities. In the digital age, will these actors be bystanders or upstanders? What role can and should the law play in shaping their behavior?

This Article argues that certain witnesses who are not physically present at the scene of a crime should be held criminally accountable for failing to report specified violent offenses of which they are aware. Focusing on rape, police brutality ...


The Internet And The Hobbs Act: What’S The Connection?, Lucas G. Spremulli Apr 2021

The Internet And The Hobbs Act: What’S The Connection?, Lucas G. Spremulli

Boston College Law Review

The Hobbs Act provides a federal alternative to traditional state robbery charges by criminalizing any robbery that affects interstate commerce. Courts have interpreted the Hobbs Act’s commerce element broadly, by requiring the government to demonstrate that a robbery had a de minimis effect on interstate commerce. With this standard, robberies of businesses generally satisfy the statute’s commerce element, but robberies of individuals often do not. This difference between a state and a federal robbery charge is significant, because the Hobbs Act generally carries substantially harsher penal sentences. This Note examines when the use of the internet in the ...


Bipa: What Does It Stand For?, Paige Smith Apr 2021

Bipa: What Does It Stand For?, Paige Smith

Chicago-Kent Law Review

No abstract provided.


The Crypto Quandary: Is Bankruptcy Ready?, Megan Mcdermott Apr 2021

The Crypto Quandary: Is Bankruptcy Ready?, Megan Mcdermott

Northwestern University Law Review

As the United States grapples with how best to manage a global pandemic, bankruptcy courts are bracing for the inevitable fallout from COVID-19. As we saw in the wake of the 2008 financial crisis, hard- hit businesses will need to reorganize to adjust to new conditions, while out- of-work consumers will need debt relief options. But there will be a new twist for this impending wave of bankruptcies: how should bankruptcy courts deal with crypto assets like Bitcoin? This Essay argues that the rise of cryptocurrency investments over the last decade poses serious complications for the next round of consumer ...


When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes Apr 2021

When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes

Pepperdine Dispute Resolution Law Journal

According to the 2017 Justice Gap Report conducted by Congress’s non-profit Legal Services Corporation (LSC), eighty-six percent of civil legal issues involving low-income Americans received scant or no legal assistance. The number of unrepresented (“pro se”) litigants continues to rise, with low-income Americans constituting a significant portion of this population. Due to the inefficiency of socioeconomically challenged litigants appearing pro se, this article proposes implementing Utah’s court-mandated Online Dispute Resolution (ODR) program as a solution nation-wide. Utah’s ODR program for small claims is revolutionary because it is the first ODR system able to handle an entire dispute ...


The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg Apr 2021

The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg

Boston College Law Review

In 2020, in U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled “generic.com,” as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that this ruling would limit competition. He claimed that allowing Booking.com to trademark its brand name, which contains terms that competitors use to describe similar business activities, would essentially be giving it a monopoly. This Comment supports the majority’s decision, as ...


Maryland’S Digital Tax And The Itfa’S Catch-22, David Gamage, Darien Shanske, Christopher Moran Apr 2021

Maryland’S Digital Tax And The Itfa’S Catch-22, David Gamage, Darien Shanske, Christopher Moran

Articles by Maurer Faculty

In this installment of Academic Perspectives on SALT, the authors examine whether statelevel taxes on digital advertising — like Maryland’s new tax — are barred by the Internet Tax Freedom Act and discuss how the act’s prohibition against “discriminatory” taxes on electronic commerce should be construed narrowly.


Administrative Law In The Automated State, Cary Coglianese Apr 2021

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Regulations For Smart Mobility: Proceed With Caution, Connor Saenz Apr 2021

Regulations For Smart Mobility: Proceed With Caution, Connor Saenz

Science and Technology Law Review

No abstract provided.


Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider Apr 2021

Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider

Science and Technology Law Review

No abstract provided.


Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung Apr 2021

Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung

Science and Technology Law Review

No abstract provided.