Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cryptocurrency; NFTs; copyright; first use doctrine (1)
- Data propertization; CCPA; BIPA; CDPA; data privacy (1)
- Data; public participation (1)
- Internet; Joel Reidenberg; Google v. CNIL; Court of Justice of the European Union; digital networks; information technology; glocal net (1)
- Internet; Joel Reidenberg; privacy notice; privacy disclosure (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Beyond Window Dressing: Public Participation For Marginalized Communities In The Datafied Society, Michele Estrin Gilman
Beyond Window Dressing: Public Participation For Marginalized Communities In The Datafied Society, Michele Estrin Gilman
Fordham Law Review
We live in a datafied society in which our personal data is being constantly harvested, analyzed, and sold by public and private entities, and yet we have little control over our data and little voice in how it is used. In light of the impacts of algorithmic decision-making systems—including those that run on machine learning and artificial intelligence—there are increasing calls to integrate public participation into the adoption, design, and oversight of these tech tools. Stakeholder input is particularly crucial for members of marginalized groups, who bear the disproportionate harms of data-centric technologies. Yet, recent calls for public participation have …
The Digital First Sale Doctrine In A Blockchain World: Nfts And The Temporary Reproduction Exception, Chelsea Lim
The Digital First Sale Doctrine In A Blockchain World: Nfts And The Temporary Reproduction Exception, Chelsea Lim
Fordham Law Review
In 2021, non-fungible tokens (NFTs) exploded in popularity. Representing over sixty million dollars in sales, NFTs are currently being bought and sold in almost every industry, in the form of exclusive videos in the sports industry and digital paintings in the art industry. NFTs are digital certificates that use blockchain technology to verify authenticity and proof of ownership. Through NFTs’ non-fungible and immutable characteristics, owners are able to create scarcity for and authenticity in digital copies of their works, replicating the tangible experience of owning a physical, limited-edition item. NFTs have also been able to promote a unique secondary marketplace, …
Serious Notice: A Celebration, Discussion, And Recognition Of Joel Reidenberg’S Work On Privacy Notices And Disclosures, Tal Z. Zarsky
Serious Notice: A Celebration, Discussion, And Recognition Of Joel Reidenberg’S Work On Privacy Notices And Disclosures, Tal Z. Zarsky
Fordham Law Review
This Essay pays tribute to Professor Joel Reidenberg’s rich academic career and, specifically, to his contributions to the study of privacy policies. In doing so, this Essay takes a close look at privacy policies and possible ways to effectively intermediate their content through various labeling schemes. While severely flawed, privacy policies are here to stay. Therefore, an in-depth analysis of ways to enhance their efficiency is merited. This Essay thus examines key strategies for privacy-related intermediation, obstacles, and problems arising in the process, as well as possible solutions. The analysis weaves together theoretical and empirical privacy law scholarship (much of …
The Glocal Net: Standing On Joel Reidenberg’S Shoulders, Michael Birnhack
The Glocal Net: Standing On Joel Reidenberg’S Shoulders, Michael Birnhack
Fordham Law Review
Information technology and digital networks are global, and information can easily cross borders. Laws, however, are territorial, local, and specific. This is the meeting of the global and the local. Imposing local laws on global technology can result in a conflict, but it may give birth to a new condition, the “glocal net”: the fusion of the global and the local. Under the condition of the glocal net, as a matter of practice, people experience the internet differently in different places around the globe. As an ideal, the glocal net would strive to enable both the global and the local …
On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario
On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario
Fordham Law Review
The digital age has paved the way for unforeseen and unconscionable harms. Recent experiences with security breaches, surveillance programs, and mass disinformation campaigns have taught us that unchecked data collection, use, retention, and transfer have the potential to affect everything from health-care access to national security. And they have shown the growing need for a solution that addresses this proliferation of intangible collective harms. This Note champions data propertization—the process of establishing a bundle of rights in data comparable to those that comprise property interests—as the proper method for preventing and redressing data harms. More specifically, this Note analyzes Illinois’s …