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Full-Text Articles in Law
The Futility Of Regulating Social Media Content In A Global Media Environment, Rick G. Morris
The Futility Of Regulating Social Media Content In A Global Media Environment, Rick G. Morris
Notre Dame Journal on Emerging Technologies
Social media reaches more people on the planet than any prior form of media and transmits more information world-wide than ever before. It is an empowering factor in establishing and growing communities, but at the same time, creates havoc and disseminates pernicious and perhaps dangerous speech. And so it has been with the media from the beginning of time. Throughout the media’s history, efforts at regulation or control of media speech has been fraught with difficulty, ineffectiveness, discrimination, and failure. The use of technology can deceive the consumer of the information, and the social media companies as well. Both government …
An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog
An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog
Notre Dame Journal on Emerging Technologies
Automated systems like self-driving cars and “smart” thermostats are a challenge for fault-based legal regimes like negligence because they have the potential to behave in unpredictable ways. How can people who build and deploy complex automated systems be said to be at fault when they could not have reasonably anticipated the behavior (and thus risk) of their tools? Part of the problem is that the legal system has yet to settle on the language for identifying culpable behavior in the design and deployment for automated systems. In this article we offer an education theory of fault for autonomous systems—a new …
Note: Scraping Photographs, Maggie King
Note: Scraping Photographs, Maggie King
Notre Dame Journal on Emerging Technologies
This note explores whether any existing laws prohibit scraping photographs, as suggested by Facebook and other big tech companies’ recent actions against Clearview. After examining each potential claim, this note argues that no existing law should be construed to hold Clearview liable for scraping photographs, because doing so would create inconsistencies in existing law. But also, the apparent legality of Clearview’s scraping activity presents an argument for a reversal of the recent trend towards laws that, guided by the principle of a free and open internet, favor scraping. Rather, the apparent legality of activity that ultimately enables otherwise unrestrained modern …