Law Commons^™

La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of what could be called the 3.0 version of the book industry. Under the 3.0 book industry, the author’s role in exploiting their creations has to embrace new and creative business models, which may often come into conflict with publisher’s old business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others. ///////////////////////////////////////////////////////////////////////////////////////////////////// Los autores proporcionan una breve descripción de lo que podría llamarse la versión 3.0 de la industria del libro. En la industria del libro 3.0, …

Virtual Parentalism, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …

Interative Discussion Leader (Idt) @ Futuregov Forum Queensland On The Theme Of "Mobile Government", Katina Michael, Erica Fensom

Professor Katina Michael

Mobile Government Briefing: Provide services anywhere any time: - Transact to enable in-field data collection, request processing, order management, approvals, edits, updates and execute actions. - What are the implications for the incorporation of rich multimedia content on devices to better serve staff and citizens? - Addressing the security challenges of various risks around data access, data transmission, and data storage for BI architecture and mobile devices

The Evolving Internet: Patterns In Usage And Pricing, Daniel Lyons

Daniel Lyons

No abstract provided.

Podcast, Usage-Based Pricing In Broadband, Daniel Lyons

Daniel Lyons

No abstract provided.

Ieee T&S Magazine: Undergoing Transformation, Katina Michael

Professor Katina Michael

Our Magazine is in a transformative period, not only because we are ‘Going Green’ in 2013 but because we are experiencing tremendous growth in quality international submissions. This means that we are increasingly appealing to an international audience with transdisciplinary interests. This has not gone unnoticed by the media, nor by our SSIT readership or wider engineering community.

Cambio De Perspectiva: El Nuevo Papel De Los Creadores En El Entorno Digital, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …

Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …

Glogging Your Every Move, Lisa Wachsmuth, Katina Michael

Professor Katina Michael

"It is one thing to lug technologies around, another thing to wear them, and even more intrusive to bear them... But that's the direction in which we're headed."

"I think we're entering an era of person-view systems which will show things on ground level and will be increasingly relayed to others via social media.

"We've got people wearing recording devices on their fingers, in their caps or sunglasses - there are huge legal and ethical implications here."

Survey Of Recent European Union Privacy Developments, W. Gregory Voss

W. Gregory Voss

The Spanish law implementing the European Union (EU) Data Protection Directive, advisory guidance on consent, facial recognition and biometric technologies from the European Union Article 29 Data Protection Working Party (WP29) , and proposals for EU data protection law reform are analyzed in this survey piece. EU legislative processes are illustrated by a specific occurence: Spanish Organic Law 15/1999 on the Protection of Personal Data is reviewed in the context of Court of Justice of the European Union (ECJ) joined cases, Asociación Nacional de Establecimientos Financieros de Crédito (ASNEF) v. Administración del Estado, and Federación de Comercio Electrónico y Marketing …

Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.

The Development And Practice Of Law In The Age Of The Internet, Nabil R. Adam, Mark H. Hellmann, Peter Martin, James B. Altman, Ethan Katsh, Cantwell F. Muckenfuss, Clifford L. Brody, Eleanor Kerlow, Daniel Nyhart, Thomas R. Bruce, Jon E. Klemens, Ira H. Parker, Mary J. Culnan, John M. Kuttler, Ronald Plesser, Robert Gellman, Ronald D. Lee, Randy V. Sabett, Claudio Grossman, Rosemary Shiels

Claudio M. Grossman

No abstract provided.

Broadcasting Licenses: Ownership Rights And The Spectrum Rationalization Challenge, J. Armand Musey Cfa

J. Armand Musey, CFA

This Article examines the showdown between television broadcast- ers and the government in light of the FCC’s plan to reallocate cur- rently licensed broadcast spectrum to signifcantly higher value mobile broadband use. The government seeks to do so in an economically, socially and legally effcient manner, and has indicated that it seeks a reallocation process that is voluntary for broadcasters. Nonetheless, any spectrum reallocation proceeding raises the question of whether, and to what extent, television broadcasters ultimately possess rights to licensed spectrum, and what type of compensation, if any, they would be owed if the FCC takes their spectrum licenses …

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael

Professor Katina Michael

Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.

Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael

Professor Katina Michael

This 800+ page handbook is divided into eight parts and contains thirty chapters, ideal for either an advanced undergraduate or graduate course in security. At the heart of this handbook is how we might go about managing both physical and cyber infrastructures, as they continue to become embedded and enmeshed, through advanced control systems, and new computing and communications paradigms.

Lo Que Usted Debe Saber Al Invertir En Una Franquicia En México, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors provide a brief account of the increasing importance of franchises in the current economic environment. Furthermore, in this walkthrough the authors discuss the existing legal regime for franchises in Mexico and provide an analysis of the negotiating positions involved in successfully developing a franchise.//////////////////////////////////////////////////////////////////////Los autores proporcionan un breve estudio sobre la creciente importancia de las franquicias en el entorno económico actual. Además, los autores analizan el régimen jurídico vigente para las franquicias en México y ofrecen un análisis sobre las negociaciones necesarias para el desarrollo exitoso de una franquicia.

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik

Warren Bartholomew Chik

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik

Warren Bartholomew CHIK

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …

Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross

Walter Effross

No abstract provided.

Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky

Lee Kovarsky

This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.

Explicating The Concept Of Journalist: How Scholars, Legal Experts And The Industry Define Who Is And Who Isn’T, Jonathan Peters

Jonathan Peters

This paper explicates the concept of journalist by exploring the scholarly, legal and industry domains. For the scholarly domain, we reviewed studies defining journalists. For the legal domain, we reviewed cases and statutes defining journalists. And for the industry domain, we reviewed membership criteria of journalism organizations. We did not intend to devise a normative definition. We intended to explore the dimensions used by others, and to use them to explicate the concept of journalist.

Hart V Finnis: How Will Positivism And Natural Law Account For The Socio-Legal Paradigm In Wikipedia, Siyuan Chen

Siyuan CHEN

There is little doubt that Wikipedia is one of the world’s most influential websites today – and its sphere of influence is set to grow in days to come. The evidence for this is strong. As of December 2010, Wikipedia is the Internet’s 6th most popular website (by virtue of the Alexa Traffic Rank), and it is also the most popular "general reference" site in cyberspace, with almost 4 million articles in the English language edition. It has been and will continue to be the flagship of Web 2.0, with every single edit being potentially scrutinised by a global audience, …

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Patricia E. Salkin

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …

Book Review Of Hacking: The Next Generation (Written By Nitesh Dhanjani, Billy Rios & Brett Hardin), Katina Michael

Professor Katina Michael

Hacking: The Next Generation demonstrates just how hackers continue to exploit “back doors”. New ways of working and new ways of communicating have meant that the number of attack vectors continue to rise rapidly. This provides hackers with a greater number of opportunities to penetrate systems using blended approaches while organizations struggle to come up to speed with the latest technology developments and commensurate security capabilities. Dealing with anticipated threats is a lot harder than dealing with known threats.

Converging And Coexisting Systems Towards Smart Surveillance, Katina Michael, Mg Michael

Professor Katina Michael

Tracking and monitoring people as they operate within their personal networks benefits service providers and their constituents but involves hidden risks and costs.

Automatic identification technologies, CCTV cameras, pervasive and mobile networks, wearable computing, location-based services and social networks have traditionally served distinct purposes. However, we have observed patterns of integration, convergence and coexistence among all these innovations within the information and communication technology industry.1For example, ‘location-based social networking’ can draw on a smart phone's capacity to identify a user uniquely, locate him within 1–2m and share this information across his social network in real time. The resulting ability to …

Location-Based Social Networking And Its Impact On Trust In Relationships, Sarah Jean Fusco, Roba Abbas, Katina Michael, Anas Aloudat

Professor Katina Michael

Location based social networking (LBSN) applications are part of a new suite of social networking tools. LBSN is the convergence between location based services (LBS) and online social networking (OSN). LBSN applications offer users the ability to look up the location of another “friend” remotely using a smart phone, desktop or other device, anytime and anywhere. Users invite their friends to participate in LBSN and there is a process of consent that follows. This paper explores the potential impact of LBSN upon trust in society. It looks at the willingness of individuals to share their location data with family, friends, …

Editorial: The Idio-Technopolis, Katina Michael

Professor Katina Michael

The rapid rise of social media has brought with it an emphasis on the distinct dimensions of the whole person. Social media recognises that the individual has a personal network of extensions- a home life, a work life, a social life, a study life, a hobbyist life, and much more- some of these identities even hidden from full view. Each of these online value networks are now accessible by big business, where opinion leaders and early adopters are easily distinguishable, and where brand commentary between consumers matters manifold more than any form of targeted advertising.

Social Implications Of Technology: Past, Present, And Future, Karl D. Stephan, Katina Michael, M.G. Michael, Laura Jacob, Emily Anesta

Professor Katina Michael

The social implications of a wide variety of technologies are the subject matter of the IEEE Society on Social Implications of Technology (SSIT). This paper reviews the SSIT’s contributions since the Society’s founding in 1982, and surveys the outlook for certain key technologies that may have significant social impacts in the future. Military and security technologies, always of significant interest to SSIT, may become more autonomous with less human intervention, and this may have both good and bad consequences. We examine some current trends such as mobile, wearable, and pervasive computing, and find both dangers and opportunities in these trends. …

Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law: The Singapore Example, Eliza Mik

Eliza Mik

The United Nations Commission on International Trade Law (UNCITRAL) Convention on the Use of Electronic Communications in International Contracts (CUECIC or Convention) was adopted on 23 November 2005. Its essential objective is to establish uniform rules intended to “remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, with a view to enhancing legal certainty and commercial predictability.” The Convention relies on the UNCITRAL Model Law on Electronic Commerce (MLEC), which constitutes an e-commerce flagship project dating back to 1995. It also resembles UNCITRAL’s Convention …