Law Commons^™

Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Don’T Let The Digital Tail Wag The Transformation Dog: A Digital Transformation Roadmap For Corporate Counsel, Michele Destefano, Bjarne P. Tellmann, Daniel Wu

Journal of Business & Technology Law

No abstract provided.

Rear Window: The Future Of Hollywood Contracting In The Streaming Age, Miller Friedman

Journal of Business & Technology Law

No abstract provided.

Cgi Social Media Influencers: Are They Above The Ftc’S Influence?, Kelly Callahan

Journal of Business & Technology Law

No abstract provided.

'Playola' And Fraud On Digital Music Platforms: Why Legislative Action Is Required To Save The Music Streaming Market, Christine Smith Burton

Journal of Business & Technology Law

No abstract provided.

Facebook's "Like" Button Plugin And User Tracking: Stretching Outdated And Ambiguous Laws To Protect User Privacy, David Brokaw

Journal of Business & Technology Law

No abstract provided.

Data Protection Commissioner V. Facebook Ireland Limited And Maximillian Schrems: Where Do We Go From Here?, Dillon Swensen

Maryland Journal of International Law

No abstract provided.

The Future Of Electronic Waste: Placing Electronic Waste Back In The Hands Of The Manufacturers, Emma Cross

Maryland Journal of International Law

No abstract provided.

Five Approaches To Insuring Cyber Risks, Christopher C. French

Maryland Law Review

No abstract provided.

Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll

Maryland Law Review

No abstract provided.

What's The Big Hurry? The Urgency Of Data Breach Notification, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Digital Expungement, Eldar Haber

Maryland Law Review

No abstract provided.

Sexual Privacy, Danielle Keats Citron

Faculty Scholarship

Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …

Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell

Faculty Scholarship

No abstract provided.

Privacy, Security, And The Connected Hairbrush, Travis Leblanc

Maryland Law Review

No abstract provided.

Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Automated Public Sphere, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck

Maryland Law Review

Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.

The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …

Beyond Neutrality: How Zero Rating Can (Sometimes) Advance User Choice, Innovation, And Democratic Participation, Bj Ard

Maryland Law Review

Over four billion people across the globe cannot afford Internet access. Their economic disadvantages are compounded by their inability to utilize the communicative, educational, and commercial tools that most Internet users take for granted. Enter zero rating. Mobile Internet providers in the developing world now waive the data charges for services like Facebook, Wikipedia, or local job-search sites. Despite zero rating’s apparent benefits, many advocates seek to ban the practice as a violation of net neutrality.

This Article argues that zero rating is defensible by net neutrality’s own normative lights. Network neutrality is not about neutrality for its own sake, …

Re-Shaming The Debate: Social Norms, Shame, And Regulation In An Internet Age, Kate Klonick

Maryland Law Review

Advances in technological communication have dramatically changed the ways in which social norm enforcement is used to constrain behavior. Nowhere is this more powerfully demonstrated than through current events around online shaming and cyber harassment. Low cost, anonymous, instant, and ubiquitous access to the Internet has removed most—if not all—of the natural checks on shaming. The result is norm enforcement that is indeterminate, uncalibrated, and often tips into behavior punishable in its own right—thus generating a debate over whether the state should intervene to curb online shaming and cyber harassment.

A few years before this change in technology, a group …

Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best

Maryland Law Review

No abstract provided.

The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron

Faculty Scholarship

No abstract provided.

Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker

Homeland Security Publications

No abstract provided.

Unfair And Deceptive Robots, Woodrow Hartzog

Maryland Law Review

No abstract provided.

The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough

Maryland Law Review

No abstract provided.

Disruption And Deference, Olivier Sylvain

Maryland Law Review

No abstract provided.

Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said

Maryland Law Review

No abstract provided.

Anarchy, Status Updates, And Utopia, James Grimmelmann

Faculty Scholarship

Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.

Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come together …