Law Commons^™

Terms Of Service And Fourth Amendment Rights, Orin S. Kerr

University of Pennsylvania Law Review

Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically gives Internet providers broad rights to address potential account misuse. But do these Terms alter Fourth Amendment rights, either diminishing or even eliminating constitutional rights in Internet accounts? In the last five years, many courts have ruled that they do. These courts treat Terms of Service like a rights contract: by agreeing to use an Internet account subject to broad Terms of Service, you give up your Fourth Amendment rights.

This Article argues that the courts are wrong. Terms of …

E-Sports As A Prism For The Role Of Evolving Technology In Intellectual Property, Jennifer E. Rothman

University of Pennsylvania Law Review Online

This essay challenges the preference for legislating in the face of new technology. Responding to Dan Burk’s recent article, Owning E-Sports: Proprietary Rights in Professional Computer Gaming, this essay considers how technology influences intellectual property law, both in the context of professional video gaming, e-sports, and beyond. The essay provides two major insights. First, that changing technology and new industries often can reveal misguided approaches taken by the common law in intellectual property cases. The concept of “persona” in right of publicity law and the “initial interest confusion” doctrine in trademark law are two prime examples of this phenomenon. Second, …