Law Commons^™

Targeting Factors And Conflict Of Laws On The Internet, Marketa Trimble

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Courts have employed the concept of "targeting" to limit the reach of personal jurisdiction and applicable law on the Internet. To determine whether a defendant has targeted a particular country or state-and whether the defendant should be subject to the jurisdiction of and law in that country or state-courts consider various factors, such as the language, the top-level domain, and the currency used by the defendant on the Internet. However, developments in Internet technology and increasing Internet actor and user sophistication put the significance of the factors into question. In the absence of a defendant's express limitation on the territorial …

Cybersecurity Oversight Liability, Benjamin P. Edwards

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A changing cybersecurity environment now poses a significant corporate-governance challenge. Although some cybersecurity data breaches may be inevitable, courts now increasingly consider when a corporation's officers and directors may be held liable on theories that they acted in bad faith and failed to adequately oversee the corporation's affairs. This short essay reviews recent derivative decisions and encourages corporate boards to recognize that in an environment filled with increasing threats, a reasonable response will require devoting real resources and attention to cybersecurity issues.

The Techno-Neutrality Solution To Navigating Insurance Coverage For Cyber Losses, Jeffrey W. Stempel, Erik S. Knutsen

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Insurers currently constrict coverage for losses involving electronic information in traditional insurance product lines. As a result, insurance customers are driven to the brave new world of non-standardized varieties of cyber-risk insurance policies. That world abounds with coverage gaps as the market for cyber insurance sorts itself out. Until that synchronization of coverage for cyber losses occurs, litigation is bound to occur as the boundaries of coverage remain patchwork and uncertain.

This article examines the degree to which cyber losses differ from other insured losses. The cyber-loss insurance coverage jurisprudence reveals a mishmash of principles and coverage terms that are …

Music Modernization And The Labyrinth Of Streaming, Mary Lafrance

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The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.

Territorialization Of The Internet Domain Name System, Marketa Trimble

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A 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 territorialization trend has affected the internet Domain Name System (“DNS”). As a hallmark of cyberspace governance that aimed to be detached from …

Geoblocking, Technical Standards And The Law, Marketa Trimble

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The idea that geoblocking could be used as a compliance tool is one part of the development of the relationship between geoblocking and legal compliance. This chapter outlines the three stages through which this development will proceed. In the first stage, geoblocking will be accepted as a tool of regulation and enforcement. While acceptance has already occurred in some countries in some contexts, this acceptance is certainly not yet general or widespread. In the second stage, minimum standards for geoblocking will be promulgated because the use of geoblocking for purposes of legal compliance necessarily calls for minimum technological standards that …

The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble

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From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.

This Article posits that …

Secondary Liability, Isp Immunity, And Incumbent Entrenchment, Marketa Trimble, Salil K. Mehra

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More than fifteen years have passed since the two major U.S. statutes concerning the secondary liability of Internet service providers were adopted--the Communications Decency Act and the Digital Millennium Copyright Act. The statutes have been criticized; however, very little of the criticism has come from Internet service providers, who have enjoyed the benefits of generous safe harbors and immunity from suit guaranteed by these statutes. This Article raises the question of whether these statutes contribute to incumbent entrenchment--solidifying the position of the existing Internet service providers to the detriment of potential new entrants. The current laws and industry self-regulation may …

Proposal For An International Convention On Online Gambling, Marketa Trimble

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The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …

The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble

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Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on …

Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance

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No abstract provided.

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley

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No abstract provided.