Law Commons^™

Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron

Faculty Scholarship

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today's …

State Government—The Arkansas Freedom Of Information Act—Houston We Have A Problem: A Coach And A Comptroller Illustrate The Repercussions Of Releasing Electronic Information Through The Arkansas Freedom Of Information Act, Alexander Justiss

University of Arkansas at Little Rock Law Review

FOIA provides a necessary oversight by which Arkansans can monitor the actions of those within the government. FOIA ensures that its purpose may not be thwarted by prohibiting the transfer, withdrawal, or destruction of documents in an attempt to prevent their release to the public. The executive, legislative, and judicial branches of the government are subject to the FOIA. FOIA statutorily exempts certain public records that would otherwise be accessible to Arkansans. Additionally, the Arkansas Constitution provides numerous safeguards to protect the privacy rights of individuals.

Issues arise with electronic communication under FOIA so various judicial and Attorney General opinions …

Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner

School of Law Faculty Publications

This article analyzes activity in virtual worlds that would constitute crime if they were committed in the real world. It reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. The article then analyzes the criminalization of virtual conduct that inflicts “harm” in the real world and virtual conduct that only inflicts “harm” in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. Finally, it analyzes the necessity and propriety of criminalizing the second …

Age Verification As A Shield For Minors On The Internet: A Quixotic Search?, Francoise Gilbert

Washington Journal of Law, Technology & Arts

This article examines the issues raised by the use of the Internet by minors and children. In addition to being an outstanding source of information and a tool for connecting people in numerous affinity networks, the Internet has a dark side. Its resources may be abused for many bad deeds, including cyber bullying or facilitating encounters with child predators. One way to protect minors is to ensure that their age and identity is verified. However, this is not technically feasible without infringing on the privacy of these children as well as that of the adults who might have to be …

Federal Tax Consequences Of Virtual World Transactions, G. Martin Bingisser

Washington Journal of Law, Technology & Arts

This article discusses the tax consequences of transactions involving Massive Multiplayer Online Role Playing Games (“MMORPGs”). MMORPGs have recently grown in popularity and developed significant economic activity. Virtual goods used in these games are traded for both real and virtual currency. While few dispute that a sale of virtual goods for real currency is a taxable event, more complex tax issues arise concerning transactions that occur solely within virtual worlds. This article analyzes the tax consequences and policy issues surrounding such transactions.

Myspace Or Yours? The Impact Of The Myspace-Attorneys General Agreement On Online Businesses, Chelsea Peters

Washington Journal of Law, Technology & Arts

On January 14, 2008, social networking Web site MySpace.com announced an agreement with the Attorneys General of forty-nine states and the District of Columbia aimed at increasing the safety of children online. MySpace.com and the Attorneys General created a “Joint Statement on Key Principles of Social Networking Sites Safety,” which sets forth various principles and goals for improving online safety for children through new online safety tools, design and functionality changes, education tools, and law enforcement cooperation. This article closely examines the agreement between MySpace.com and the Attorneys General and attempts to determine whether any best practices have emerged regarding …

Social Distortion: Regulating Privacy In Social Networks, H. Brian Holland

H. Brian Holland

No abstract provided.

Does The U.S. Safe Web Act Strike The Proper Balance Between Law Enforcement Interests And Privacy Interests?, Shaobin Zhu

Washington Journal of Law, Technology & Arts

The Internet and advances in telecommunications technology present unprecedented opportunities for cross-border fraud and deception directed at U.S. consumers and businesses. However, the Federal Trade Commission’s (“FTC”) ability to obtain effective relief may face practical impediments in prosecuting these cross-border wrongdoers. To help address the challenges posed by the globalization of fraud, President Bush signed the Undertaking Spam, Spyware and Fraud Enforcement With Enforcers Beyond Borders Act of 2006 (“U.S. SAFE WEB Act” or “Act”) into law on December 22, 2006. This Article discusses the FTC’s expanded enforcement authority granted by the Act to fight fraud and deception, and particularly …

Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn

Washington Journal of Law, Technology & Arts

“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …

Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha

Faculty Scholarship

No abstract provided.

In Search Of Disappearing Information: Strategies For Preserving Access To Federal Documents On The Web, Meg Butler

Faculty Publications By Year

No abstract provided.

Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton

Washington and Lee Law Review

When the Oscar-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual's persona in cyberspace. Nevertheless, most of the legal rules developedfor these disputes are …

Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Accidental Privacy Spills, James Grimmelmann

Cornell Law Faculty Publications

The realm of privacy law has more crimes than criminals, more wrongs than wrongdoers. Some invasions of privacy are neither intentional nor negligent; it's easy to recognize the harm, but hard to pin the blame.

Laurie Garrett attended the World Economic Forum as a journalist and wrote a private email to a few close friends, only to see that email end up on a widely-read weblog.

This essay tells the story of that inevitable accident: an "accident" in that it needn't have happened, but "inevitable" in that there's no principled way to prevent similar misunderstandings from recurring, again and again …

Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp

Indiana Law Journal

No abstract provided.

The U.S. On Tilt: Why The Unlawful Internet Gambling Enforcement Act Is A Bad Bet, Gerd Alexander

Duke Law & Technology Review

The United States federal government’s attempts to curb Internet gambling are beginning to resemble a game of whack-a-mole. The Unlawful Internet Gambling Enforcement Act of 2006 (the "UIGEA" or "Act") represents its most recent attack on Internet gambling. This iBrief first looks at U.S. attempts to limit Internet gambling and how those efforts have affected gambling law and business. It then discusses how the UIGEA works and highlights some of its major limitations. This iBrief argues that the UIGEA will not only fail to rein in online gambling, but that the U.S. federal government is treading an improvident course towards …

Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Passport Files: Privacy Protection Needed For All Americans: Hearing Before The S. Comm. On The Judiciary, 110th Cong., July 10, 2008 (Statement Of Marc Rotenberg, Adjunct Prof. Of Law, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

No abstract provided.

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

The Newest Way To Screen Job Applicants: A Social Networker's Nightmare, Carly Brandenburg

Federal Communications Law Journal

Social networking is an easy way to share information with friends, family, and the company that just offered you an interview. Employers are utilizing all of the tools available to them as they strive to hire the right people, and this means that social networkers may need to self censor in order to protect their information from falling into the wrong hands. This Note questions whether social networkers can legally expect or enjoy any right to privacy with respect to their online postings.

"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin

Robert J. Condlin

Commentators frequently claim that there is no single, coherent doctrine of extra-territorial personal jurisdiction, and, unfortunately, they are correct. The International Shoe case, commonly (but inaccurately) thought of as the wellspring of the modern form of the doctrine, announced a relatively straightforward, two-factor, four-permutation test that worked well for resolving most cases. In the nearly sixty-year period following Shoe, however, as the Supreme Court expanded and refined the standard, what was once straightforward and uncomplicated became serendipitous and convoluted. Two general, and generally incompatible, versions of the doctrine competed for dominance. The first, what might best be described as a …

Taxation Of Virtual Assets, Scott Wisniewski

Duke Law & Technology Review

The development of vast social networks through Massively Multiplayer Online Role-Playing Games has created in-game communities in which virtual assets have real-world values. The question has thus arisen whether such virtual assets are legal subjects of taxation. This iBrief will detail and discuss the various exclusions to taxable income, and analyze their application to the possibility of creating potential tax liability based on in-kind exchanges of virtual assets.

Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant

San Diego International Law Journal

This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …

Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense

Brigham Young University Journal of Public Law

No abstract provided.

Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna

Working Paper Series

Films have proven to be a useful teaching tool for a course on Comparative Law. The films serve to introduce the class to the look and feel of legal proceedings from selected foreign legal systems and to illustrate particular aspects of how these legal proceedings differ from our own. The article summarizes the results of more than 10 years of experience in using films. It will be of interest to others who teach Comparative Law and also to lawyers, judges, and students who want a video means of oriented themselves to foreign legal traditions. The article discusses the limitations of …

Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

Regulating Strategic Data Disclosure On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

The Right To Compartmentalize? Privacy Expectations And Practices Of Job Applicants On Social Network Sites, H. Brian Holland

H. Brian Holland

No abstract provided.

Reforming Copyright Law In The Digital Age: A Comparative Study Of The Legal Resolutions On P2p Transmission Between Taiwan And The United States, I-Hsien Chiu

Theses and Dissertations

Adjusting legal system of copyright is vigorously in need in the twenty-first century. The abuse of technology has severely damaged the copyright-related industries not only in Taiwan, but also in the United States. Indeed, the lawsuits filed against modern P2P transmission are fairly unprecedented to courts when facing the tension between copyright holders and technology innovators. Therefore, the technological changes provide an enlightened motivation to develop the analysis on whether the approach that legislators and courts take would harmonize private property rights and public interests. Through the arguments, there are meaningful goals the study attempts to achieve. It is essential …