Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Internet (15)
- First Amendment (8)
- Social media (7)
- Technology (7)
- Alternative dispute resolution (6)
-
- Free speech (6)
- Privacy (5)
- Social Media (5)
- ADR (4)
- Copyright (4)
- ODR (4)
- Arbitration (3)
- Copyright law (3)
- Cyberspace (3)
- Dispute resolution (3)
- Freedom of speech (3)
- Section 230 (3)
- Antitrust law (2)
- Artificial intelligence (2)
- Big data (2)
- CDA (2)
- CFAA (2)
- Censorship (2)
- Communications Decency Act (2)
- Computer (2)
- Computer Fraud and Abuse Act (2)
- Computers (2)
- Consumer protection (2)
- Copyright infringement (2)
- DMCA (2)
- Publication Year
Articles 1 - 30 of 63
Full-Text Articles in Law
Higher Altitudes And Higher Standards: Advocating The Fcc Require Environmental Assessments For Mega- Constellations, John Latson
Higher Altitudes And Higher Standards: Advocating The Fcc Require Environmental Assessments For Mega- Constellations, John Latson
The Journal of Business, Entrepreneurship & the Law
This article will explore why the FCC’s current regime on categorical exclusions is ill-prepared for the developing mega-constellation industry, why the regime should be revised to require that companies launching mega-constellations file an Environmental Assessment (EA) as defined in the National Environmental Policy Act, and how such a change might fiscally impact these companies. Part II of this article will explore the National Environmental Policy Act, discussing the purpose of the Act and the goals Congress sought to accomplish. Part III will consider the FCC’s policy on categorical exclusions and EAs, with a comparison of how some other federal agencies …
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Pepperdine Law Review
Online spaces have undoubtedly played a significant role in facilitating discourse and the exchange of information. With this increased discourse, however, digital platforms have also seen a rise in harmful or problematic content shared online––including health misinformation, hate speech, and child sex abuse material, among others. Many commentators have put the blame for this trend on Section 230, arguing that Section 230 has enabled the spread of harmful content and suggesting that Section 230 ought to be amended or replaced. This Essay, by contrast, argues that the current narrative about Section 230 gets it wrong. In reality, Section 230 has …
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
Pepperdine Dispute Resolution Law Journal
The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to …
St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies
St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies
Pepperdine Dispute Resolution Law Journal
This paper proposes and creates a novel method to resolve disputes between content creators, Vtubers, Professional Gamers, and streamers by utilizing a crowd based stepped dispute resolution system upheld and voted on by viewers, shareholders, and the streaming company: Twitch or YouTube. To reach this goal, the proposal will include comparisons to the current dispute resolution system used by Twitch and YouTube; a proposed online dispute resolution system; diagrams of the proposal; key performance indexes (KPI’s); utilization of arbitral analytics with artificial intelligence to create a fair and balanced resolution system; and some predictions on the future of the industry …
Usespa? Exploring The Idea Of A U.S. Esports Regulatory Authority, Justin Hung
Usespa? Exploring The Idea Of A U.S. Esports Regulatory Authority, Justin Hung
The Journal of Business, Entrepreneurship & the Law
This article will conclude, ultimately, it is a matter of policy with two convincing sides best left for the public to decide. First, having a monolithic regulator for all esports in the United States is unnecessary to address many of the legal issues esports faces and may actually cause more legal issues. Second, some centralized effort or a centralized association to heighten and universalize standards would be beneficial because it would allow market participants to address the systemic threats to the esports market. As to a centralization, this article will argue the most effective means to accomplish such a task …
Cyberattacks: An Underlying Condition Exacerbated By The Covid-19 Pandemic, Kaitlyn Palmeter
Cyberattacks: An Underlying Condition Exacerbated By The Covid-19 Pandemic, Kaitlyn Palmeter
The Journal of Business, Entrepreneurship & the Law
COVID-19 continues to change the world in unforeseen ways triggering a new era of corporate data breaches. This article will illustrate how cyberattacks have increased in severity during the pandemic, how current laws and government officials are trying to evolve with the current threats and technology, how victims of cyberattacks risk sanctions and potential lawsuits, and concludes by suggesting solutions throughout to increase Cybersecurity.
Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, Tyler Lisea
Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, Tyler Lisea
Pepperdine Law Review
Congress passed Section 230 at the dawn of the internet era to protect innovators from traditional publisher tort liability. At the time, the internet consisted primarily of basic message boards and informational pages. Courts have interpreted Section 230 to provide internet platforms with sweeping immunity from liability for third-party content. The statute has aged poorly and is now ill-suited for today’s internet tools. Modern social media platforms are more than message board intermediaries because they actively shape and select the information pushed to users via engineered, engagement-enhancing algorithms. Engagement algorithms are not merely neutral tools; web developers intentionally design them …
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
The New Normal: Navigating Legal Challenges In The World Of Influencer Marketing & How Adr Can Help, Olivia Davis
The New Normal: Navigating Legal Challenges In The World Of Influencer Marketing & How Adr Can Help, Olivia Davis
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis
A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis
Pepperdine Law Review
The turmoil of the 2020 presidential election renewed controversy surrounding 47 U.S.C § 230. The law, adopted as part of the 1996 Communications Decency Act (CDA), shields Interactive Computer Services (ICS) from civil liability for third-party material posted on their Platforms—no matter how heinous and regardless of whether the material enjoys constitutional protection. Consequently, any ICS, which is broadly defined to include Internet service providers (ISPs) and social media platforms (Platforms), can police its own postings but remains free from government intervention or retribution. In 2022, members of the Texas and Florida legislatures passed laws aiming to limit the scope …
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
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 instead of only …
The More Things Change, The More They Stay The Same: Online Platforms And Consumer Equality, Anne-Marie Hakstian, Jerome D. Williams, Sam Taddeo
The More Things Change, The More They Stay The Same: Online Platforms And Consumer Equality, Anne-Marie Hakstian, Jerome D. Williams, Sam Taddeo
Pepperdine Law Review
Title II of the Civil Rights Act, along with its counterpart state laws, have protected the rights of racial minorities in the United States for decades. Section 1981 has guaranteed contract rights for all people, regardless of race, since 1868. But times are changing. Racial discrimination claims against 21st century technology companies face challenges when brought under existing laws. Even the relatively current Communications Decency Act (CDA) is unhelpful to consumers attempting to seek redress from online platforms. In this article, we analyze the only cases of consumer discrimination brought against providers of the sharing economy and highlight some of …
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
Pepperdine Law Review
Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit generating purposes. …
Ministries Of Truth: Free Speech And The Tech Giants, Clayton Calvin
Ministries Of Truth: Free Speech And The Tech Giants, Clayton Calvin
The Journal of Business, Entrepreneurship & the Law
As the tech giants’ influence has grown, they have increasingly become arbiters of truth. This comment explores three methods for lessening their authority over digital speech. Antitrust, adjustment of the companies’ “neutral platform” status, and even creative use of First Amendment could each serve its role. At the same time, the First Amendment rights of the companies themselves pose a barrier, justifiably, to each method. To remain true to its founding ideals, America must lessen this private grip on civic discourse without expanding the government’s dominion over it.
Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora
Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora
The Journal of Business, Entrepreneurship & the Law
This paper will explore the legality of web scraping through the lens of recent litigation between web scraper hiQ Labs and the online professional networking platform, LinkedIn. First, the paper will study the background of web scraping litigation, some challenges courts face in issuing consistent verdicts, and the most common claims companies make against web scrapers. Then the paper will address three of the most common claims and identify court motivations and limitations within the doctrines. The first claims are those arising from the federal Computer Fraud and Abuse Act (CFAA). Next, the paper will investigate copyright claims and defenses …
American Oligarchy: How The Enfeebling Of Antitrust Law Corrodes The Republic, Zachariah Foge
American Oligarchy: How The Enfeebling Of Antitrust Law Corrodes The Republic, Zachariah Foge
The Journal of Business, Entrepreneurship & the Law
In this note, I will argue that the current antitrust framework is misguided and based on erroneous legal and economic theories originating from the Chicago School. I will argue that the neoclassical approach is not only wrong when examining the legislative intent of Congress but is also in contravention with the policy goals and foundational principles of antitrust law. Furthermore, I will argue that the Chicago School’s narrow, outcome-based view of antitrust is ill-equipped to deal with the demands of the twenty-first century and especially with the online marketplace. The tech giants are unprecedented in their scale, and the online …
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Journal of the National Association of Administrative Law Judiciary
This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces …
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
Territorialization Of The Internet Domain Name System, Marketa Trimble
Territorialization Of The Internet Domain Name System, Marketa Trimble
Pepperdine Law Review
Territorialization of the internet—the linking of the internet to physical geography—is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who—for various reasons— either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the trend toward territorialization has affected the internet Domain Name System (DNS). As a hallmark of cyberspace governance that aimed to be detached from the territorially-partitioned governance of the physical world, …
Mining For Children’S Data In Today’S Digital World, Damin Park
Mining For Children’S Data In Today’S Digital World, Damin Park
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pii In Context: Video Privacy And A Factor-Based Test For Assessing Personal Information, Daniel L. Macioce Jr.
Pii In Context: Video Privacy And A Factor-Based Test For Assessing Personal Information, Daniel L. Macioce Jr.
Pepperdine Law Review
As a central concept in American information privacy law, personally identifiable information (PII) plays a critical role in determining whether a privacy violation has occurred. Under the Video Privacy Protection Act of 1988 (VPPA), PII “includes information which identifies a person as having requested or obtained specific video materials or services.” Despite the clarity that these words may have when the Statute was enacted, the line separating PII from non-PII in the context of streaming video is not easily drawn, in part due to the prevalence of behavior tracking technologies and the emergence of “big data” analytics. The First Circuit, …
Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla
Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra
The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra
The Journal of Business, Entrepreneurship & the Law
The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.
Online And “As Is”, Colin P. Marks
Online And “As Is”, Colin P. Marks
Pepperdine Law Review
Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied …
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell
Pepperdine Dispute Resolution Law Journal
This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.
The World Wide Web Extension: From Dot-Com To Dot ...Everything, Alexa Halloran
The World Wide Web Extension: From Dot-Com To Dot ...Everything, Alexa Halloran
The Journal of Business, Entrepreneurship & the Law
Today businesses are facing a new Internet dilemma. The Internet Corporation for Assigned Names and Numbers (ICANN) recently granted the public the opportunity to operate and register domain names under a plethora of generic domain extensions. Although no one knows exactly what this new program’s effect will be, the buzz around it informs business owners of a renewed need for innovation. And who is at the forefront of this new era of technology? Internet powerhouses like Google and Amazon, and worldwide investors are gambling on the success of this new program. Only one thing is certain, no company wants to …
Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza
Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza
Pepperdine Law Review
Defamatory comments on social media have become commonplace. When the online community is outraged by some event, social media users often flood the Internet with hateful and false comments about the alleged perpetrator, feeling empowered by their numbers and anonymity. This wave of false and harmful information about an individual’s reputation has caused many individuals to lose their jobs and suffer severe emotional trauma. This Comment explores whether the target of social media backlash can bring a successful defamation claim against the users who have destroyed their reputations on and offline. Notably, one of the biggest hurdles these plaintiffs will …
From Old Spice To The Texas Law Hawk: How Inbound Marketing, Content Leadership And Social Media Can Level The Playing Field For Solo Practitioners, J. Mark Phillips, Kyle A. Huggins, Lora Mitchell Harding
From Old Spice To The Texas Law Hawk: How Inbound Marketing, Content Leadership And Social Media Can Level The Playing Field For Solo Practitioners, J. Mark Phillips, Kyle A. Huggins, Lora Mitchell Harding
The Journal of Business, Entrepreneurship & the Law
The advent of technological tools such as social media present the legal industry with the potential for both perilous liability and unparalleled rainmaking. However, the full potential of social media remains untapped in the legal field because the topic has yet to be fully integrated into a broader understanding of inbound marketing and content leadership. The current treatment of social media in the legal literature is uneven-it tends to disproportionately emphasize the potential liabilities over the benefits, and it fails to provide a thorough framework to guide its optimal use. This article aims to rectify this uneven treatment by situating …
To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan
Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan
The Journal of Business, Entrepreneurship & the Law
This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and …