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Full-Text Articles in Law
The Private-Sector Ecosystem Of User Data In The Digital Age, Fordhamiplj@Gmail.Com
The Private-Sector Ecosystem Of User Data In The Digital Age, Fordhamiplj@Gmail.Com
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Implementing Privacy Policy: Who Should Do What?, David Hyman, William E. Kovacic
Implementing Privacy Policy: Who Should Do What?, David Hyman, William E. Kovacic
Fordham Intellectual Property, Media and Entertainment Law Journal
Academic scholarship on privacy has focused on the substantive rules and policies governing the protection of personal data. An extensive literature has debated alternative approaches for defining how private and public institutions can collect and use information about individuals. But, the attention given to the what of U.S. privacy regulation has overshadowed consideration of how and by whom privacy policy should be formulated and implemented.
U.S. privacy policy is an amalgam of activity by a myriad of federal, state, and local government agencies. But, the quality of substantive privacy law depends greatly on which agency or agencies are running the …
Fictitious Commodities: A Theory Of Intellectual Property Inspired By Karl Polanyi’S “Great Transformation”, Alexander Peukert
Fictitious Commodities: A Theory Of Intellectual Property Inspired By Karl Polanyi’S “Great Transformation”, Alexander Peukert
Fordham Intellectual Property, Media and Entertainment Law Journal
The puzzle this Article addresses is this: how can it be explained that intellectual property (IP) laws and IP rights (IPRs) have continuously grown in number and expanded in scope, territorial reach, and duration, while at the same time have been contested, much more so than other branches of property law? This Article offers an explanation for this peculiar dynamic by applying insights and concepts of Karl Polanyi’s book “The Great Transformation” to IP. It reconstructs and then applies core Polanyian concepts of commodification (infra, II), fictitious commodities (infra, III), and countermovements (infra, IV) to the three main areas of …
The Fourth Amendment And Technological Exceptionalism After Carpenter: A Case Study On Hash-Value Matching, Denae Kassotis
The Fourth Amendment And Technological Exceptionalism After Carpenter: A Case Study On Hash-Value Matching, Denae Kassotis
Fordham Intellectual Property, Media and Entertainment Law Journal
The Fourth Amendment has long served as a barrier between the police and the people; ensuring the government acts reasonably in combating crime. Fourth Amendment jurisprudence is more dynamic than other constitutional guarantees, and has undergone periodic shifts to account for technological and cultural changes. The Supreme Court’s 2018 decision in United States v. Carpenter marks the most recent jurisprudential shift, as the Court departed from the well-settled reasonable expectation of privacy test to account for a new technology (CSLI records). This Note examines Carpenter’s impact on future Fourth Amendment cases, using another novel surveillance technique, hash-value matching, as a …
Platform Society: Copyright, Free Speech, And Sharing On Social Media Platforms, Fordhamiplj@Gmail.Com
Platform Society: Copyright, Free Speech, And Sharing On Social Media Platforms, Fordhamiplj@Gmail.Com
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Market For User Data, Olivier Sylvain
The Market For User Data, Olivier Sylvain
Fordham Intellectual Property, Media and Entertainment Law Journal
Policymakers are today far more alert than ever before to the myriad ways in which tech companies collect and distribute consumers’ data with third-party data brokers and advertisers. We can attribute this new awareness to at least two major news stories from the past six or so years. The first came in 2013, when Edward Snowden, the former National Security Agency contractor, leaked highly classified materials that revealed the ways in which United States national security officials, with the indispensable cooperation of U.S. telecommunications companies, systematically monitored telephone conversations and electronic communications of U.S. citizens and foreign nationals. The story …