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- Keyword
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- CFAA; Computer Fraud and Abuse Act; right to privacy; civil action; equitable relief; personal privacy; federal civil litigation (1)
- Copyright Hacking; Police; Copyright; Livestreaming; Social Media; Internet; YouTube; Congress; First Amendment; Free Speech; Video; Digital Millennium Copyright Act; Online Service Providers; Internet Service Providers; Eldred v. Ashcroft; Religious Technology Center v. Netcom; Copyright Act of 1976; Host Safe Harbor; Infringe; Infringement; Standard Technical Measures; Notice-and-Takedown; Good Faith Belief; Immunity; Lenz v. Universal Music Corporation; Artist; Fair Use; Algorithm; Enforcement; Content ID; Copyright Owner; Qualified Immunity; Pierson v. Ray; Harlow v. Fitzgerald; Clearly Established; Pearson v. Callahan; Frasier v. Evans; State Actors; Accountable; Accountability; Copyright Filtering System; Ex-ante; Ex-post (1)
- Deplatforming; Shadowbanning; Section 230; Social Media; First Amendment (1)
- Financial services; financial institutions; pornhub; Reputational Risk; Operation Choke Point; Office of the Comptroller of Currency; National Credit Union Administration; Federal Reserve; Federal Deposit Insurance Corporation; Office of the Comptroller of Currency; Section 230; Communications Decency Act; Fair Access to Financial Services; (1)
- Internet (1)
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- Internet; Pornography; Onlyfans; Sex work; banks (1)
- McMorris v. Carlos Lopez & Assocs; Circuit Split; data breach; second circuit; supreme court; social security; standing; injuries in fact; email; transunion; Whole Women’s Health (1)
- Online censorship; digital trade; WTO; GATS; online content regulation; Virtual Private Networks; China; general exceptions; public morals (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Breaking Down Digital Walls: The Interface Of International Trade Law And Online Content Regulation Through The Lens Of The Chinese Vpn Measure, Neha Mishra
Brooklyn Journal of International Law
The interface of international trade law and online content regulation is problematic and complex. This Article examines the consistency of the regulation pertaining to Virtual Private Network (VPN) services in China with WTO law. It argues that although WTO law may be effective in disciplining protectionist aspects of online content regulations, they can neither scrutinize domestic values underlying such regulations nor guarantee the free flow of online content. Thus, existing rules contained in international trade agreements play a limited role in balancing domestic socio-cultural and political values vis-à-vis online censorship with an open, globally interconnected internet enabling seamless digital flows. …
If You Can’T Beat Them, Get Even: A Proposal To Level The Playing Field Between Social Media Platforms And Their Wrongfully Removed Users, Bernie Gabrielle Toledano
If You Can’T Beat Them, Get Even: A Proposal To Level The Playing Field Between Social Media Platforms And Their Wrongfully Removed Users, Bernie Gabrielle Toledano
Brooklyn Law Review
Millions of individuals in the United States maintain both personal and business accounts on social media platforms, a handful of which dominate the market for online content. However, if one of these platforms removes an account without cause, the affected user has little recourse because most platforms’ Terms of Service contain clauses allowing them to terminate user accounts for any reason. Nevertheless, as the power imbalance between platforms and users grows, scholars and judges are starting to believe that there is a need for greater regulation of these platforms. This note explores the ramifications of the social media regulatory gaps …
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Journal of Law and Policy
This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …
Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge
Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge
Brooklyn Journal of Corporate, Financial & Commercial Law
For some time, circuit courts have been ostensibly divided over the power of plaintiffs to maintain claims for injuries sustained from data breaches based merely on an increased risk of injury. However, in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), the Second Circuit denied the existence of the circuit split, instead contending that its three-factor balancing test for determining standing for risk of future injury in data breach cases could be reconciled with the positions of both clusters of circuits. The three factors are “(1) whether the plaintiffs’ data has been exposed as the …
The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan
The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan
Brooklyn Law Review
For years, big businesses have been collecting and selling users’ personal information without permission. In attempts at preventing this practice, users have brought civil actions under the Computer Fraud and Abuse Act (CFAA), alleging a loss of personal privacy. As currently enacted, “personal privacy” is not included in the statutory definition of loss. Further, courts have been reluctant to interpret the CFAA broadly to cover loss of personal privacy claims. This note proposes that an amendment to the CFAA is necessary to close this gap in the statute’s coverage and better protect users’ right to privacy.