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Full-Text Articles in Law
Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora
Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora
The Journal of Business, Entrepreneurship & the Law
This paper will explore the legality of web scraping through the lens of recent litigation between web scraper hiQ Labs and the online professional networking platform, LinkedIn. First, the paper will study the background of web scraping litigation, some challenges courts face in issuing consistent verdicts, and the most common claims companies make against web scrapers. Then the paper will address three of the most common claims and identify court motivations and limitations within the doctrines. The first claims are those arising from the federal Computer Fraud and Abuse Act (CFAA). Next, the paper will investigate copyright claims and defenses …
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell
Journal of the National Association of Administrative Law Judiciary
This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces …
“It Ain’T So Much The Things We Don’T Know That Get Us In Trouble. It’S The Things We Know That Ain’T So”: The Dubious Intellectual Foundations Of The Claim That “Hate Speech” Causes Political Violence, Gordon Danning
Pepperdine Law Review
The United States is an outlier in its legal protection for what is commonly termed “hate speech.” Proponents of bringing American jurisprudence closer to the international norm often argue that hate speech causes violence, particularly political violence. However, such claims largely rest on assumptions which are inconsistent with social scientists’ understanding of the causes of political violence, including that ethnic identity and ideological salience are more often the result of violence than a cause thereof; that violence during conflict is generally unrelated to the conflict’s ostensible central cleavage; and that violence is generally instrumental and elite-driven, rather than spontaneous and …
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
Pepperdine Law Review
In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in supporting terrorism, …
Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith
Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith
Pepperdine Law Review
The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.