Law Commons^™

Algorithmic Decision-Making And Discrimination In Developing Countries, Cecil Abungu

Journal of Law, Technology, & the Internet

This article seeks to investigate how developing countries can ensure that algorithmic decision-making does not leave protected groups in their jurisdictions exposed to unlawful discrimination that would be almost impossible to prevent or prove. The article shows that universally, longstanding methods used to prevent and prove discrimination will struggle when confronted with algorithmic decision-making. It then argues that while some of the proposed solutions to this issue are promising, they cannot be successfully implemented in a vast majority of developing countries because these countries lack the necessary institutional foundation. The key features of this institutional foundation include: (i) a wellrooted …

Masthead, Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

"Because It Is Wrong": An Essay On The Immorality And Illegality Of The Online Service Contracts Of Google And Facebook, Preston M. Torbert

Journal of Law, Technology, & the Internet

This essay argues that the behavioral-advertising business model under which an internet platform, such as Google or Facebook, provides free services in exchange for the user’s personal data is immoral and illegal. It is immoral because it relies on addiction, surveillance, and manipulation of the user to deplete the user’s autonomy. The contract between the company and the user is immoral. It can also be plausibly argued that the contract is illegal under California law because it is contrary to good morals, is unconscionable, and is against public policy. As society becomes more aware of these moral and legal defects, …

Masthead, Volume 10 (2019)

Journal of Law, Technology, & the Internet

No abstract provided.

Killer Apps: Vanishing Messages, Encrypted Communications, And Challenges To Freedom Of Information Laws When Public Officials "Go Dark", Daxton R. Stewart

Journal of Law, Technology, & the Internet

Government officials such as White House staffers and the Missouri governor have been communicating among themselves and leaking to journalists using apps such as Signal and Confide, which allow users to encrypt messages or to make them vanish after they are received. By using these apps, government officials are "going dark" by avoiding detection of their communications in a way that undercuts freedom of information laws. This article explores the challenges presented by government employee use of encrypted and ephemeral messaging apps by examining three policy approaches: (1) banning use of the apps, (2) enhancing existing archiving and record-keeping practices, …

Forget Me, Forget Me Not: Elements Of Erasure To Determine The Sufficiency Of A Gdpr Article 17 Request, Haya Yaish

Journal of Law, Technology, & the Internet

The data subject’s (or the individual to whom the data relates) right to erasure under the new EU’s data protection law is likely to cause tensions with the right to freedom of expression. Using Article 17(1)(d)-(e) of the General Data Protection Regulation as a nexus to trigger and apply the right to privacy in EU law to the right to erasure, this Note presents a balancing test of four factors that can be used to consistently determine whether individual cases that request a right to erasure for published material are entitled to privacy protections. The proposed balancing test “Elements of …

"Sheer Force Of Tweet:" Testing The Limits Of Executive Power On Twitter, Kristina T. Bodnar

Journal of Law, Technology, & the Internet

President Donald Trump’s affinity for Twitter has raised novel issues of constitutional law, tested the norms for presidential etiquette, and opened up a dialogue about whether tweets are considered the actual directives of the President. This note explores four subject areas that the President has tweeted about: judicial legitimacy, executive orders, removal of appointees, and entering into armed conflicts. Then, these topics will be considered in terms of whether presidential speech on social media should be regulated to protect against the risks of posting on the Internet and to ensure the preservation of the principles of democracy embedded in the …

Is The Grass Greener On The Other Side Of The Geofence: The First Amendment And Privacy Implications Of Unauthorized Smartphone Messages, Kearston L. Wesner

Journal of Law, Technology, & the Internet

Geofencing technology enables companies to obtain users’ physical location and deliver customized communications, including political messages. But to accomplish this, some businesses transmit user data to third parties without consent. The privacy tort of intrusion and Federal Trade Commission actions target unfair or deceptive practices, but these avenues are inadequate. Users’ privacy should be safeguarded by creating a federal privacy statute that requires opt-in notification and periodic reminders of data collection, usage, and transmission practices.

Content Moderation In An Age Of Extremes, Rebecca Tushnet

Journal of Law, Technology, & the Internet

No abstract provided.

Technologically Competent: Ethical Practice For 21st Century Lawyering, Heidi Frostestad Kuehl

Journal of Law, Technology, & the Internet

The impact of technology and social media on litigation and the infiltration of technology into the U.S. and world markets are undeniable. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for ethical practice. This Article will identify the obligations of technological competence embodied in Model Rule 1.1 and examine the current cases and ethical decisions that reveal the evolving national and state-specific technological competence standards. After reviewing the timeline of cases and current scholarly literature, this Article proposes a more specific ethical standard for baseline knowledge of various technologies according to current practice …

The Modern Trolley Problem: Ethical And Economically-Sound Liability Schemes For Autonomous Vehicles, Amar Kumar Moolayil

Journal of Law, Technology, & the Internet

The paper synthesizes modern scholarship in the fields of Artificial Intelligence law, Ethics, Corporate Liability, and Economics to develop potential liability schemes that the automotive and insurance industries may impose when autonomous vehicles eventually come to dominate the roadways. By addressing the issues of whom the autonomous vehicle’s AI protects and who bears liability in the event of an accident—two issues that this author believes are critical to the successful adoption of autonomous vehicle technology—the transition from human drivers to AI drivers will be less contentious. Because of the prescient nature of the topic, as well as a discussion of …

From Alice To Bob: The Patent Eligibility Of Blockchain In A Post-Cls Bank World, Antonio M. Dinizo

Journal of Law, Technology, & the Internet

Every year the World Economic Forum publishes a list of the top ten emerging technologies. This list of breakthrough technologies has included 3-D printing, self-healing biomimicry materials, and human microbiome therapeutics. In 2016, the financial technology Blockchain dominated the list. Over $1 billion was invested into Blockchain technology and major financial firms are actively exploring Blockchain innovation.

As innovators enter the Blockchain space, they have pushed for patent protection. This Note examines whether Blockchain is patent eligible. Patent eligibility for business methods and software patents is determined under the Supreme Court’s holding in Alice v. CLS Bank. The first section …

Regulating Decentralized Cryptocurrencies Under Payment Services Law: Lessons From The European Union, Asress Adimi Gikay Dr.

Journal of Law, Technology, & the Internet

Several years after the inception of the most dominant cryptocurrency, bitcoin, the European Central Bank in 2015 indicated the need for establishing legal clarity by relevant authorities through explaining how the current legal framework applies to cryptocurrencies. Three years later, no meaningful step has been taken by any of the European Union (EU) institutions including the parliament. By examining the EU’s legal framework governing payments services, including the Single Euro Payment Area (SEPA) Regulation, the Electronic Money Directive, the Payment Services Directive and the proposed AML/CTF Directive, this article concludes that (a) because the existing payment services laws apply to …

Blockchain Technology: An Interconnected Legal Framework For An Interconnected System, Marina Fyrigou-Koulouri

Journal of Law, Technology, & the Internet

In 2018, someone hiding behind the pseudonym Satoshi Nakamoto created Bitcoin, the first decentralized cryptocurrency operating without a central bank or authority. However, the true revolution seems to be its underlying technology; blockchain. Today, a lot of discussion is taking place around the legal issues of this nascent technology. This paper focuses on blockchain and the law. After exploring blockchain’s basic features, it will propose an international regulatory framework suitable for this technology’s characteristics and its borderless nature.

Privacy And Outrage, Jordan M. Blanke

Journal of Law, Technology, & the Internet

It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever before. We are fully entrenched in the world of Big Data, the Internet of Things, and Smart Cities – and we are never going back. As always, society and its laws must evolve, but it is not always an easy process.

The notion of privacy has certainly changed in our data-driven world and continues to change daily. While it has always been difficult to …

Volume 9, Masthead

Journal of Law, Technology, & the Internet

No abstract provided.

Masthead, Volume 8 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

Ready, Print, Fire! Regulating The 3d-Printing Revolution, Joseph J. Pantella Iv

Journal of Law, Technology, & the Internet

"This Article argues that governments ought to proactively consider preemptive legislative or regulatory actions regarding 3D printing. To accomplish this objective this Article looks at the concepts of “permissionless innovation” and the “precautionary principle.” These concepts represent opposing ends of the regulatory spectrum; the former promoting a “wait-and-see” approach while the latter promotes a preemptive or preventative approach to government regulation. After defining these terms the Article will describe the characteristics of technologies that lend themselves either to permissionless innovation or to the precautionary principle. It will provide a few specific areas where policies of each type have been employed, …

Misappropriation Of Genetic Resources In Africa: A Study Of: Pentadiplandra Brazzeana,Impatiens Usambarensis, And Combretum Micranthum, Julie Micalizzi

Journal of Law, Technology, & the Internet

"This paper...address[es] three potential cases of misappropriation concerning traditional knowledge and genetic resources of traditional groups in Africa and will explore how the Western patent system enabled,prevented, and corrected misappropriation in the context of these case studies. In all three studies, the patent system failed in misapplying the requirements of patentability and in granting patents for information that is per se unpatentable. However, the unpatentability of these specific instances of traditional knowledge also precludes the indigenous populations from claiming property rights over the information. Without an exclusionary property right, third parties are still able to commercialize the information. While such …

Self-Driving Cars: On The Road To A New Regulatory Era, Brian A. Browne

Journal of Law, Technology, & the Internet

"Self-driving cars shatter the schism between federal and state safety regulations for automobiles in the United States…. In Part I, this paper will define self-driving cars and their benefits, describe the imminent safety issues they present for regulatory agencies, and introduce the most commonly analyzed legal issues for self-driving cars. Part II will give background information on the United States regulates motor vehicles by first describing the federal government’s traditional role in regulating vehicle safety via NHTSA. Then, Part II will explain the preliminary actions NHTSA and several state governments have taken to preliminarily regulate self-driving cars. Part III will …

Search Engines And § 512(D) Of The D.M.C.A., Amy Blom

Journal of Law, Technology, & the Internet

No abstract provided.

Masthead, Volume7 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

Volume 7 Issue 1 (2016), Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

The New Retail Experience And Its Unaddressed Privacy Concerns: How Rfid And Mobile Location Analytics Are Collecting Customer Information, Ava Farshidi

Journal of Law, Technology, & the Internet

"Part I of this paper will look at the newest development of the retail experience and suggest a method to understand the privacy concerns as well as suggest a regulatory scheme to protect customers without inhibiting their shopping experience. Part II will provide a background of the three stages of shopping experiences and the evolution of privacy concerns associated with them. Part III will address the current American stance on data collection and privacy law with a particular look at privacy concerns that the eStore is facing. Finally, Part IV will provide guidance on how to deal with these data …

Hashing It Out: Problems And Solutions Concerning Cryptocurrency Used As Article 9 Collateral, Timothy Bierer

Journal of Law, Technology, & the Internet

"The article analyzes the potential uses of cryptocurrency as collateral in Article 9 secured transactions. At present, there is no clear guidance as to what status, if any, cryptocurrency has as collateral under Article 9. This paper briefly defines cryptocurrency, explains how it functions in its various forms, and shows why it would behoove lenders to utilize cryptocurrency as collateral. The current regulatory efforts over cryptocurrency are discussed to provide some context, through which the proposed actions and revisions of Article 9 are viewed. Finally, this paper recommends how cryptocurrency can be used as collateral under Article 9 under the …

Alice: The Status Quo Or Total Chaos?, Matthew Moldovanyi

Journal of Law, Technology, & the Internet

"On June 19, 2014 the Supreme Court handed down a highly important opinion discussing what is considered patentable subject matter in the United States. The case, Alice Corporation v. CLS Bank International, involved a group of patents for computer software that mitigated settlement risk in financial transactions. The Court held that these patents were not drawn to patent eligible subject matter under 35 U.S.C. § 101 (2012) because the claims were directed toward abstract ideas, which are unpatentable." "This ruling has drawn decidedly mixed reactions from commentators in the legal field. Moreover, this case leaves United States Patent and Trademark …

What's In Your Wallet? Addressing The Regulatory Grey Area Surrounding Mobile Payments, Stephen Congdon

Journal of Law, Technology, & the Internet

"Mobile payment applications are poised to replace traditional checks, credit, and debit cards at cash registers around the country. Largely seen as the next step forward for increased convenience in shopping, mobile payments are making it easier for American consumers to make payments simply by having their phone on them at all times. However, until recently, many of the applications that consumers use to make their mobile payments may fall out of the American regulatory system already in place for banks and bank payment sources. The recently formed Consumer Financial Protection Bureau proposed regulatory changes in 2014 that include mobile …

Masthead, Volume 6 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

Addressing Cyber Harassment: An Overview Of Hate Crimes In Cyberspace, Danielle Keats Citron

Journal of Law, Technology, & the Internet

"This short piece will take a step back and give an overhead view of the problem of cyber harassment and the destructive impact it can have on victims’ lives. Then, it will address about what the law can do to combat online harassment and how a legal agenda can be reconciled with the First Amendment. Finally, it will turn to recent changes in social media companies’ treatment of online abuse and what that might mean for our system of free expression." Symposium Article.

More Harm Than Good? Why Schools Who Take A Zero-Tolerance Stance On Cyberbullying Cause More Problems Than Solutions, Sydney L. Brunecz

Journal of Law, Technology, & the Internet

"Cyberbullying has become an epidemic in today’s society. Cyberbullying has escalated so much that some victims commit suicide in order to escape their tormentors. Increased media coverage of these suicides has led the public to demand legislative action. Although no federal law exists, state legislation has been enacted to prevent bullying and cyberbullying. Most states delegate this task to public schools that respond by implementing zero- tolerance policies. Zero-tolerance policies against bullying and cyberbullying can impinge on many student rights, including speech protected by the First Amendment. Well intentioned zero tolerance policies may infringe on Constitutionally protected free speech, and …