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Full-Text Articles in Law
Cyber Civil Rights, Danielle Keats Citron
Cyber Civil Rights, Danielle Keats Citron
Danielle Keats Citron
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 …
Open Code Governance, Danielle Keats Citron
Open Code Governance, Danielle Keats Citron
Danielle Keats Citron
Automated information systems offer an opportunity to improve the democratic legitimacy of the administrative state. Today, agencies transfer crucial responsibilities to computer systems. Computers gather and interpret important information. For instance, electronic machines record and calculate votes. Automated systems execute policy and render decisions about important individual rights, such as a person’s eligibility for public benefits. Computer systems store sensitive personal information. These systems’ closed architecture, however, shields vital agency decisions from view. No one can see how a system operates without a software program’s source code. Closed code hides programming errors that disenfranchise voters, under-count communities for the census, …
Cyber Civil Rights (Mp3), Danielle Citron
Cyber Civil Rights, Danielle Keats Citron
Cyber Civil Rights, Danielle Keats Citron
Danielle Keats Citron
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 …
Technological Due Process, Danielle Keats Citron
Technological Due Process, Danielle Keats Citron
Danielle Keats Citron
Distinct and complementary procedures for adjudications and rulemaking lie at the heart of twentieth-century administrative law. Due process required agencies to provide individuals notice and an opportunity to be heard. Agencies could foreclose policy issues that individuals might otherwise raise in adjudications through public rulemaking. One system allowed focused advocacy; the other featured broad participation. Each procedural regime compensated for the normative limits of the other. Both depended on clear statements of reason. The dichotomy between these procedural regimes has become outmoded. This century’s automated decision-making systems collapse individual adjudications into rulemaking while adhering to the procedural safeguards of neither. …
Open Code Governance, Danielle Keats Citron
Open Code Governance, Danielle Keats Citron
Danielle Keats Citron
Automated information systems offer an opportunity to improve the democratic legitimacy of the administrative state. Today, agencies transfer crucial responsibilities to computer systems. Computers gather and interpret important information. For instance, electronic machines record and calculate votes. Automated systems execute policy and render decisions about important individual rights, such as a person’s eligibility for public benefits. Computer systems store sensitive personal information. These systems’ closed architecture, however, shields vital agency decisions from view. No one can see how a system operates without a software program’s source code. Closed code hides programming errors that disenfranchise voters, under-count communities for the census, …
Minimum Contacts In A Borderless World: Voice Over Internet Protocol And The Coming Implosion Of Personal Jurisdiction Theory, Danielle Keats Citron
Minimum Contacts In A Borderless World: Voice Over Internet Protocol And The Coming Implosion Of Personal Jurisdiction Theory, Danielle Keats Citron
Danielle Keats Citron
Modern personal jurisdiction theory rests on the twin pillars of state sovereignty and due process. A nonresident’s “minimum contacts” with a forum state are treated as the equivalent of her territorial presence in the state and hence justify a state’s exercise of sovereignty over her. At the same time, the nonresident’s “purposeful availment” of opportunities within the state is seen as implying her agreement to that state’s jurisdiction in exchange for the protection of its laws. This theory presumes that a nonresident directs voice communications to known places by dialing a telephone number’s area code. Voice over Internet Protocol (“VoIP”) …