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Articles 31 - 60 of 379
Full-Text Articles in Law
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Duke Law & Technology Review
No abstract provided.
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
Duke Law & Technology Review
No abstract provided.
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Duke Law & Technology Review
No abstract provided.
Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield
Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield
Duke Law & Technology Review
The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …
A Political Economy Of Utopia?, Yochai Benkler
A Political Economy Of Utopia?, Yochai Benkler
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
Duke Law & Technology Review
No abstract provided.
Barlow's Legacy, Cory Doctorow
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Duke Law & Technology Review
No abstract provided.
Is The Internet Over?! (Again?), James Boyle
Is The Internet Over?! (Again?), James Boyle
Duke Law & Technology Review
No abstract provided.
Inventing The Future: Barlow And Beyond, Cindy Cohn
Inventing The Future: Barlow And Beyond, Cindy Cohn
Duke Law & Technology Review
No abstract provided.
Imaginary Bottles, Jessica Litman
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
Duke Law & Technology Review
No abstract provided.
Revisiting Barlow's Misplaced Optimism, Benjamin Edelman
Revisiting Barlow's Misplaced Optimism, Benjamin Edelman
Duke Law & Technology Review
No abstract provided.
Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen
Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen
Duke Law & Technology Review
No abstract provided.
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
Duke Law & Technology Review
No abstract provided.
John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain
John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain
Duke Law & Technology Review
No abstract provided.
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow
The Past And Future Of The Internet: A Symposium For John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Where To Prosecute Cybercrimes, Jacob T. Wall
Where To Prosecute Cybercrimes, Jacob T. Wall
Duke Law & Technology Review
Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper …
Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig
Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig
Duke Law & Technology Review
As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based open source …
Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris
Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris
Duke Law & Technology Review
It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called “deepfakes,” use artificial intelligence software to impose a person’s face onto another person’s body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals—like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting these publications is …
Defining And Regulating Cryptocurrency: Fake Internet Money Or Legitimate Medium Of Exchange?, Susan Alkadri
Defining And Regulating Cryptocurrency: Fake Internet Money Or Legitimate Medium Of Exchange?, Susan Alkadri
Duke Law & Technology Review
Digitalization makes almost everything quicker, sleeker, and more efficient. Many argue cryptocurrency is the future of money and payment transfers. This paper explores how the unique nature of cryptocurrencies creates barriers to a strict application of traditional regulatory strategies. Indeed, state and federal regulators remain uncertain if and how they can regulate this cutting-edge technology. Cryptocurrency businesses face difficulty navigating the unclear regulatory landscape, and consumers frequently fall prey to misinformation. To reconcile these concerns, this paper asserts cryptocurrency functions as “currency” or “money” and should be treated as such for regulatory purposes. It also proposes each state implement a …
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
Duke Law & Technology Review
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Duke Law & Technology Review
The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …
Big Brother Is Listening To You: Digital Eavesdropping In The Advertising Industry, Dacia Green
Big Brother Is Listening To You: Digital Eavesdropping In The Advertising Industry, Dacia Green
Duke Law & Technology Review
In the Digital Age, information is more accessible than ever. Unfortunately, that accessibility has come at the expense of privacy. Now, more and more personal information is in the hands of corporations and governments, for uses not known to the average consumer. Although these entities have long been able to keep tabs on individuals, with the advent of virtual assistants and “always-listening” technologies, the ease by which a third party may extract information from a consumer has only increased. The stark reality is that lawmakers have left the American public behind. While other countries have enacted consumer privacy protections, the …
Online Terrorist Speech, Direct Government Regulation, And The Communications Decency Act, Steven Beale
Online Terrorist Speech, Direct Government Regulation, And The Communications Decency Act, Steven Beale
Duke Law & Technology Review
The Communications Decency Act (CDA) provides Internet platforms complete liability protection from user-generated content. This Article discusses the costs of this current legal framework and several potential solutions. It proposes three modifications to the CDA that would use a carrot and stick to incentivize companies to take a more active role in addressing some of the most blatant downsides of user-generated content on the Internet. Despite the modest nature of these proposed changes, they would have a significant impact.
Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim
Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim
Duke Law & Technology Review
Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new …
Initial Coin Offerings: Innovation, Democratization And The Sec, Jay Preston
Initial Coin Offerings: Innovation, Democratization And The Sec, Jay Preston
Duke Law & Technology Review
Initial coin offerings are a source of controversy in the world of startup fundraising, and their legality is, at best, an open question. Amid soaring valuations and rumors of looming SEC action, investors and issuers alike are scrambling to forge a path forward for the token-based startups of tomorrow. While issuers may soon be forced to comply with United States securities laws, the existing regime is inadequate because it does not allow startups to capture the unique benefits of coin sales and, more importantly, it does not allow eager American investors to take part in funding the world’s next generation …