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Articles 31 - 60 of 221
Full-Text Articles in Law
Executive Order No. 13925: An Attempted Stop Sign On Our Global Cyber-Freeway, Robert C. Montañez
Executive Order No. 13925: An Attempted Stop Sign On Our Global Cyber-Freeway, Robert C. Montañez
GGU Law Review Blog
The year 2020 has brought times of physical isolation and the world has turned to the Internet as a bridge to normalcy. It is not uncommon for a person to wake up and grab his or her phone and consult it (rather than a newspaper) to gather news, browse through friends’ video “stories” shared overnight, check what is “trending” via Twitter, or even stream a popular video on YouTube. During the COVID-19 pandemic, the Internet is more important than ever before and its key to success is its immediacy. On May 26, 2020, without any supporting evidence, President Trump …
Who's Afraid Of Section 1498? A Case For Government Patent Use In Pandemics And Other National Crisis, Charles Duan, Christopher J. Morten
Who's Afraid Of Section 1498? A Case For Government Patent Use In Pandemics And Other National Crisis, Charles Duan, Christopher J. Morten
Articles in Law Reviews & Other Academic Journals
COVID-19 has created pressing and widespread needs for vaccines, medical treatments, PPE, and other medical technologies, needs that may conflict--indeed, have already begun to conflict--with the exclusive rights conferred by United States patents. The U.S. government has a legal mechanism to overcome this conflict: government use of patented technologies at the cost of government paid compensation under 28 U. S.C. § 1498. But while many have recognized the theoretical possibility of government patent use under that statute, there is today conventional wisdom that § 1498 is too exceptional, unpredictable, and dramatic for practical use, to the point that it ought …
Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer
Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer
Seattle University Law Review SUpra
No abstract provided.
Keeping The Zombies At Bay: Fourth Amendment Problems In The Fight Against Botnets, Danielle Potter
Keeping The Zombies At Bay: Fourth Amendment Problems In The Fight Against Botnets, Danielle Potter
Washington and Lee Journal of Civil Rights and Social Justice
You may not have heard of a botnet. If you have, you may have linked it to election shenanigans and nothing else. But if you are reading this on a computer or smartphone, there is a good chance you are in contact with a botnet right now.
Botnets, sometimes called “Zombie Armies,” are networks of devices linked by a computer virus and controlled by cybercriminals. Botnets operate on everyday devices owned by millions of Americans, and thus pose a substantial threat to individual device owners as well as the nation’s institutions and economy.
Accordingly, the United States government has been …
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
Dickinson Law Review (2017-Present)
Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.
To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
Dickinson Law Review (2017-Present)
In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …
Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Reputation Systems Bias In The Platform Workplace, E. Gary Spitko
Reputation Systems Bias In The Platform Workplace, E. Gary Spitko
BYU Law Review
Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Indonesia Law Review
Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to …
Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman
Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman
Joint PIJIP/TLS Research Paper Series
The Covid-19 pandemic has illustrated the importance of accurate, real-time information and empirical data in a rapidly evolving crisis. Yet it has also captured an opposite issue: the spread of misinformation and disinformation during a public health crisis. Numerous governments have used the Covid-19 pandemic as reason to, legitimately or illegitimately, heighten existing state censorship practices or introduce new practices entirely under the justification of stopping false information about the virus. This report analyzes developments in China, India, and Russia as case studies of government censorship amid the public health crisis. It offers five key takeaways from these case studies. …
Copyright’S Memory Hole, Eric Goldman, Jessica Silbey
Copyright’S Memory Hole, Eric Goldman, Jessica Silbey
BYU Law Review
There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.
The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel 1984.
This Article …
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
BYU Law Review
Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.
Traditional privacy pillars such as the home and secrecy of communications do …
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
Open Educational Resources
Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.
Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin
Tech Policy And Legal Theory Syllabus, Yafit Lev-Aretz, Nizan Packin
Open Educational Resources
Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.
Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller
Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller
William & Mary Bill of Rights Journal
On February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.
These recent events have resulted in new and burdensome pressures for schools …
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Georgetown Law Faculty Publications and Other Works
For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the United States. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the EU-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the United States via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, don’t transfer the data at all. I argue …
Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff
Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz
Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani
A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
What's Going On With Copyright Trolls?, Edward Grahovec
What's Going On With Copyright Trolls?, Edward Grahovec
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell
The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
Pepperdine Law Review
Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit generating purposes. …
Syllabus For Issues In Law Enforcement: Cybersecurity And Public Interest Technology, Amy J. Ramson
Syllabus For Issues In Law Enforcement: Cybersecurity And Public Interest Technology, Amy J. Ramson
Open Educational Resources
This is a syllabus for a course in Issues in Law Enforcement. The curriculum is a public interest technology course in cybersecurity. Principally, the federal government handles cybersecurity investigations along with some state governments and the FBI acts as the center for all cybersecurity complaints.
The course expands beyond law enforcement and provides a comprehensive background to the field through the following presentations: a history of cybersecurity; an explanation of the Internet; an introduction to cybercrime and cybersecurity techniques; the legal environment, which includes a survey of law enforcement and prosecution departments and agencies, and federal and NY state criminal, …
Cybersecurity-Cybercrime-The Legal Environment, Amy J. Ramson
Cybersecurity-Cybercrime-The Legal Environment, Amy J. Ramson
Open Educational Resources
This presentation covers the legal environment of cybercrime to date. It addresses: the challenges of law enforcement; federal government vs. sate jurisdiction of cybercrime; law enforcement department and agencies which handle cybercrime; criminal statutes and privacy statutes.
Towards A Data-Driven Financial System: The Impact Of Covid-19, Nydia Remolina
Towards A Data-Driven Financial System: The Impact Of Covid-19, Nydia Remolina
Centre for AI & Data Governance
The COVID-19 outbreak has a growing impact on the global economy and the financial sector, which plays a critical role in mitigating the unprecedented macroeconomic and financial shock caused by the pandemic. Given the unprecedented nature of the current crisis, financial regulators and supervisors, central banks, along with governments and legislatures face challenges to maintain financial stability, preserve the well-functioning core markets, and ensure the flow of credit to the real economy. Even though the COVID-19 has slowed down our daily lives and stopped the operation of many industries, it did not have the same effect in the data-driven finance …
Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein
Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein
Indiana Law Journal
The law of trademark tarnishment—a type of trademark dilution—is in disarray. The
basic definition is deceptively simple. Trademark tarnishment occurs when a junior
mark harms the reputation of a substantially similar existing senior trademark by
associating itself with something perverse or deviant. However, it turns out that
Congress and the courts disagree over the prima facie evidence necessary to prove
its existence. The problem is that federal law and related legal principles are simply
ill-equipped to adequately analyze this unique market-driven doctrine. To make
matters worse, legal scholars cannot even agree on whether trademark tarnishment
can empirically exist in the …
Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan
Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan
Joint PIJIP/TLS Research Paper Series
Global platforms such as YouTube, Facebook, Instagram or TikTok live on users ‘freely’ sharing content, in exchange for the data generated in the process. Many of these digital market actors nowadays employ automated copyright enforcement tools, allowing those who claim ownership to identify matching content uploaded by users. While most debates on state-sanctioned platform liability and automated private ordering by platforms has focused on the implications of user generated content being blocked, this paper places a spotlight on monetization. Using YouTube’s Content ID as principal example, I show how monetizing user content is by far the norm, and blocking the …
Artificial Financial Intelligence, William Magnuson
Artificial Financial Intelligence, William Magnuson
Faculty Scholarship
Recent advances in the field of artificial intelligence have revived long-standing debates about what happens when robots become smarter than humans. Will they destroy us? Will they put us all out of work? Will they lead to a world of techno-savvy haves and techno-ignorant have-nots? These debates have found particular resonance in finance, where computers already play a dominant role. High-frequency traders, quant hedge funds, and robo-advisors all represent, to a greater or lesser degree, real-world instantiations of the impact that artificial intelligence is having on the field. This Article will argue that the primary danger of artificial intelligence in …
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 …