Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Cyber Commodification, Miriam A. Cherry Jan 2013

Cyber Commodification, Miriam A. Cherry

Maryland Law Review

No abstract provided.


From Lord Coke To Internet Privacy: The Past, Present, And Future Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds Jan 2013

From Lord Coke To Internet Privacy: The Past, Present, And Future Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract …


Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle Keats Citron, David C. Gray Jan 2013

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle Keats Citron, David C. Gray

Faculty Scholarship

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work, we therefore recommend that judges, legislators, and executives focus instead on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …


Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah Jan 2013

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.


A Commission On A Cyber Mission, Adrian Wilairat Jan 2013

A Commission On A Cyber Mission, Adrian Wilairat

Journal of Business & Technology Law

No abstract provided.


Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean Jan 2013

Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean

Journal of Business & Technology Law

No abstract provided.


Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover Jan 2013

Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover

Journal of Business & Technology Law

No abstract provided.


Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman Jan 2013

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

Maryland Law Review

No abstract provided.


The Anonymous Internet, Bryan H. Choi Jan 2013

The Anonymous Internet, Bryan H. Choi

Maryland Law Review

No abstract provided.


From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds Jan 2013

From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Maryland Law Review

No abstract provided.


Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart Jan 2013

Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart

Faculty Scholarship

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus …


Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos Jan 2013

Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos

Maryland Law Review

No abstract provided.