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Articles 1 - 21 of 21
Full-Text Articles in Law
Social Media Vigilantism, Joanne Sweeny
Social Media Vigilantism, Joanne Sweeny
Brooklyn Law Review
One of the most well-reported consequences of the #MeToo movement is the ramifications it has had for powerful men accused of engaging in sexual assault or harassment. As part of telling their stories, women (and some men) named their abusers, leading, in some cases, to their alleged abusers suffering legal repercussions. But, much more commonly, legal repercussions never follow, often due to the expiration of the statute of limitations for the crimes committed by the abuser. Instead, social or employment consequences were the only negative impact felt by these abusers. Still, the backlash against #MeToo includes the complaint that these …
False Speech And The First Amendment: The Problem With Free Speech In A Fake News Crisis, Eliza J. Estrella
False Speech And The First Amendment: The Problem With Free Speech In A Fake News Crisis, Eliza J. Estrella
Brooklyn Law Review
Social media platforms are used daily by millions of Americans to connect with friends and family, shop from home, and stay attuned to current events. But the increasing ease and speed of accessing information on social media leaves its users exposed to misinformation, disinformation, and fake news that is designed to deceive. Because natural cognitive biases make individualized truth-filtering mechanisms unreliable, it is often difficult for the public to distinguish between fact and fiction. Widespread belief in viral fake news stories have caused serious and dangerous consequences to public health, safety, and democracy. However, because false speech remains categorically protected …
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 "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.
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
Brooklyn Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being …
Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin
Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin
Brooklyn Law Review
Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises out of …
“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson
“To Infinity And Beyond”: A Limitless Approach To Telemedicine Beyond State Borders, Kate Nelson
Brooklyn Law Review
Although the growth and acceptance of technological advances in the medical field have been rapid, the legal system has neglected to adjust its laws accordingly. Perhaps the most significant innovation is telemedicine, which allows a patient and a doctor, miles away from each other, to form a medical relationship across state lines. Yet, the traditional state-by-state physician licensing scheme, which promotes a medical relationship within just one state, remains the governing law. Consequently, many citizens––especially those residing in rural areas––continue to suffer from lack of health care access due to physician shortages within their state borders. Accordingly, this note critically …
Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier
Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier
Brooklyn Law Review
In 2014, the Internal Revenue Service (IRS) issued Notice 2014-21 in an attempt to address issues with cryptocurrency taxation, essentially reaching the conclusion that cryptocurrency must be treated like property for purposes of taxation. In the time since the IRS pronouncement, several academics have called for an alternative treatment known as “currency treatment.” Each treatment inadequately addresses the comprehensive issues surrounding cryptocurrency because they offer wholesale treatment to nuanced issues with valid concerns from each side. To truly allow this emerging industry to flourish and gain societal acceptance, artful policymaking is required. This note provides an example of such policymaking. …
The Common Law Of Cyber Trespass, Michael J. O'Connor
The Common Law Of Cyber Trespass, Michael J. O'Connor
Brooklyn Law Review
Right now, if executives in California and Virginia each bribe a competitor’s disloyal employee to steal a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA), the Government can charge one executive but not the other. Courts decide these cases differently due to the widening circuit split over the CFAA term “without authorization.” Neither the Supreme Court nor Congress has shown interest in resolving the split over authorization. Even more concerning is the suggestion that they can’t resolve it; the statute addresses too many potential scenarios for a single definition to end all debate. …
“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox
“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox
Brooklyn Law Review
Recent news articles discuss the flooding of email inboxes with lengthy terms and condition updates, viral videos of Mark Zuckerberg’s public Cambridge Analytica hearing before Congress, and the phenomenon of internet advertisements appearing for items that consumers merely searched for on Google a day prior. Effective as of May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) established a framework that sets legal standards targeted at businesses and other data collectors to dramatically increase data privacy protections for citizens of the EU. Consumers, however, do not seem to appreciate these increased protections, as they rarely read the updated …
The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich
The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich
Brooklyn Law Review
U.S. businesses periodically adjust their marketing practices to foreign law innovations. Several years ago, U.S. businesses emailing into Canada had to incorporate Canada’s Anti-Spam Law, otherwise known as CASL. Businesses that believed they email only U.S.-based customers likely dismissed CASL as not applicable. Others may never have heard of the law altogether. As this note discusses, CASL created a compliance conundrum for U.S. businesses. Since CASL methodically differs from the U.S. anti-spam law, CAN-SPAM, it may be in a business’s best interest to apply this law to its Canadian subset and not to the entire email population. Neither the law …
Chilling Social Media: Warrantless Border Searches Of Social Media Accounts Infringe Upon The Freedom Of Association And The Freedom To Be Anonymous Under The First Amendment, Atanu Das
Brooklyn Law Review
The Department of Homeland Security has instituted rules to allow Customs and Border Patrol officials to conduct a warrantless search the mobile device data, including social media accounts, of U.S. citizens entering the United States under the border search exception doctrine of the Fourth Amendment. However, U.S. Supreme Court jurisprudence has found that there are limits to government interference in the freedom of association and freedom to be anonymous. This essay analyzes such jurisprudence as it applies to the warrantless border search of social media accounts accessible from a mobile device and concludes that this warrantless search infringes the freedom …
Better Left Forgotten: An Argument Against Treating Some Social Media And Digital Assets As Inheritance In An Era Of Platform Power, Shelly Kreiczer-Levy, Ronit Donyets-Kedar
Better Left Forgotten: An Argument Against Treating Some Social Media And Digital Assets As Inheritance In An Era Of Platform Power, Shelly Kreiczer-Levy, Ronit Donyets-Kedar
Brooklyn Law Review
Restraining technological platforms’ power has become one of the main concerns of our era. The control over cyberspace and data ownership are among the key issues addressed in the literature. Yet, the ongoing vigorous debate surrounding the inheritance of digital assets remains surprisingly oblivious of the platform’s involvement in shaping memory and continuity. Current legal scholarship and legislation ask whether social network profiles are inheritable property; they balance the user’s privacy and wishes against family members’ interests, without addressing or even considering the corporate power at play. This article argues that we are constantly asking the wrong questions. Instead of …
A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello
A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello
Brooklyn Law Review
Due to the rapid growth of the secondary resale market, purchasing tickets at their face-value price is becoming a fleeting expectation. While ticket scalping has existed quite possibly as long as tickets themselves have, innovations in invasive purchasing practices are leading to unprecedented profit margins for ticket scalpers and a greater distance between consumers and the original ticket sale. With ticket scalpers employing advanced ticket purchasing software, referred to as bots, consumers are left with no option but to surrender to steep resale prices, which often have no ceiling. Though ticket scalping regulation has developed, these legislative efforts have been …
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Brooklyn Law Review
In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting social media companies …
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Brooklyn Law Review
In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District. Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds. In 2015, the Fifth Circuit Court …
Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber
Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber
Brooklyn Law Review
No abstract provided.
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
Brooklyn Law Review
Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …
You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa
You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa
Brooklyn Law Review
The changing landscape of digital media technology makes it increasingly difficult for owners of copyrighted music to monitor how their works are being exploited across the Internet. This is especially true of user-generated content (UGC) platforms—websites and applications such as Facebook, YouTube, and Snapchat, where content is created or uploaded predominantly by users. These services pose a special problem to copyright owners because, instead of content being uploaded from a single source that is easily sued and has deep pockets, content is uploaded by users. Users are a troublesome group because they are innumerable, sometimes anonymous, and mostly click on …