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Internet Law

Selected Works

H. Brian Holland

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Articles 1 - 9 of 9

Full-Text Articles in Law

A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland Nov 2018

A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland

H. Brian Holland

For nearly 200 years, an individual’s personal papers enjoyed near-absolute protection from government search and seizure. That is no longer the case. With the widespread adoption of cloud-based information processing and storage services, the third-party doctrine operates to effectively strip our digital papers of meaningful Fourth Amendment protections.

This Article presents a new approach to reconciling current third-party doctrine with the technological realities of modern personal information processing. Our most sensitive data is now processed and stored on cloud computing systems owned and operated by third parties.  Although we may consider these services to be private and generally secure, the …

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Section 230 Of The Cda: Internet Exceptionalism As A Statutory Construct, H. Brian Holland Jun 2018

Section 230 Of The Cda: Internet Exceptionalism As A Statutory Construct, H. Brian Holland

H. Brian Holland

Since its enactment in 1996, Section 230 of the Communications Decency Act has become perhaps the most significant statute in the regulation of online content, and one of the most intensely scrutinized.

The essay begins with a brief introduction to Section 230. As interpreted and applied by the judiciary, this statute is now conceived as a broad grant of immunity from tort liability.—broad not only in terms of those who can claim its protection but also in terms of predicate acts and causes of action to which such immunity extends.

Working from this foundation, I then seek to position the …

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We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland Mar 2016

We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland

H. Brian Holland

No abstract provided.

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Internet Exceptionalism As A Statutory Construct, H. Brian Holland Dec 2010

Internet Exceptionalism As A Statutory Construct, H. Brian Holland

H. Brian Holland

No abstract provided.

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Social Distortion: Regulating Privacy In Social Networks, H. Brian Holland Sep 2008

Social Distortion: Regulating Privacy In Social Networks, H. Brian Holland

H. Brian Holland

No abstract provided.

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Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland Apr 2008

Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

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Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland Apr 2008

Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

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The Right To Compartmentalize? Privacy Expectations And Practices Of Job Applicants On Social Network Sites, H. Brian Holland Apr 2008

The Right To Compartmentalize? Privacy Expectations And Practices Of Job Applicants On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

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Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland Mar 2008

Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

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