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Full-Text Articles in Law
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Vanderbilt Journal of Transnational Law
The current legal vacuum regarding binding international norms regulating malicious conduct in cyberspace has paved the way for the emergence of a unilateral tool: cyber sanctions. They have already been introduced by the United States, the European Union, and the United Kingdom. Notwithstanding their obvious importance, their interrelations with international law- especially international economic law-have remained largely unexplored in academic research. This gap is perplexing given the fact that the existing unilateral cyber sanctions have been formulated in such a way as to be prone to misuse. In particular, they bear a significant potential to disrupt economic relations and undermine …
Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton
Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton
Vanderbilt Journal of Entertainment & Technology Law
Direct copyright infringement attracts strict liability. However, as a theoretical matter, it is not necessarily clear why. Legislatures and courts have typically imposed strict liability where: (a) a defendant has notice of a plaintiff's rights, particularly where those rights involve a property interest; (b) a mens rea requirement on the part of the defendant would create an untenable burden on the plaintiff; (c) it is easier for the defendant to avoid harming the plaintiff than it is for the plaintiff to avoid the harm; or, (d) it is more administratively or economically efficient for the defendant to bear the risk …
Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell
Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell
Vanderbilt Journal of Entertainment & Technology Law
Part I of this note provides an overview of the use of media during war. It also reviews case law relating to the military's limited right to freedom of speech under the First Amendment. Part II analyzes the problems of regulating milblogs in terms of societal costs and the technological challenges of regulating behavior on the Internet. This note argues that the military's "unexceptionalist" approach toward regulation, wherein it applies the traditional principles embodied in the UCMJ to milblog regulation, undermines its goal of maintaining operational security and impedes the free flow of ideas. Finally, Part II introduces an "exceptionalist" …
Of Black Holes And Decentralized Law Making In Cyberspace, David G. Post
Of Black Holes And Decentralized Law Making In Cyberspace, David G. Post
Vanderbilt Journal of Entertainment & Technology Law
MAPS, the primary focus of this tale, is a California non-profit limited liability company. It coordinates a kind of group boycott by Internet service providers (ISPs) for the purpose of reducing the flow of what is commonly called "spam"- unsolicited bulk e-mail. It operates, roughly, as follows. The managers of MAPS create and maintain what they call the "Realtime Blackhole List" (RBL), which consists of a long list of Internet addresses. They place on the RBL any Internet address from which, to their knowledge, spam has originated. They also place on the RBL the address of any network that allows …
Privacy And Democracy In Cyberspace, Paul M. Schwartz
Privacy And Democracy In Cyberspace, Paul M. Schwartz
Vanderbilt Law Review
In this Article, Professor Schwartz depicts the widespread, silent collection of personal information in cyberspace. At present, it is impossible to know the fate of the personal data that one generates online. Professor Schwartz argues that this state of affairs degrades the health of a deliberative democracy; it cloaks in dark uncertainty the transmutation of Internet activity into personal information that will follow one into other areas and discourage civic participation. This situation also will have a negative impact on individual self- determination by deterring individuals from engaging in the necessary thinking out loud and deliberation with others upon which …