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2018

Computer Law

Selected Works

Articles 1 - 8 of 8

Full-Text Articles in Law

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin Sep 2018

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin

David E. Sorkin

No abstract provided.

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Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Mary Margaret Meg Penrose Jul 2018

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Mary Margaret Meg Penrose

Meg Penrose

No abstract provided.

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Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone Mar 2018

Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone

Nicole G. Iannarone

Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Politicians and regulators have increasingly focused on the standards of care applicable to investment advice providers. Fewer Americans are ready for retirement and many lack access to affordable investment advice. At the same time, comfort with digital platforms have increased, with some preferring electronic interaction over human interaction. Claiming that they can democratize retirement service by pro- viding advice meeting …

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United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko Mar 2018

United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko

Greg Sergienko

Five years ago, in a contribution to these pages, I suggested that the Supreme Court's oldest precedents and the original intent of the framers of the Constitution precluded the use of evidence produced under a grant of immunity against the producer, even though the material produced included documents that the producer had not been compelled to write. This implied that information concealed with a cryptographic key could not be used in a criminal prosecution against someone from whom the key had been obtained under a grant of immunity. The issue, however, was doubtful given the tendency of the Court to …

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Self Incrimination And Cryptographic Keys, Gregory S. Sergienko Mar 2018

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]

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By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson Feb 2018

By Reading This Title, You Have Agreed To Our Terms Of Service, Brian Larson

Brian Larson

By June of 2017, Facebook had two billion (that’s billion, with a ‘b’) users accessing it per month (Balakrishnan 2017). Facebook believes that each of those consumer end-users is bound by its end-user license agreement (EULA), which Facebook calls a “Statement of Rights and Responsibilities,” available to end-users from a small link in light gray text called “Terms” on every Facebook page. EULAs like this, associated with websites, mobile apps, and consumer goods with embedded software, and styled “terms of service,” “terms of use,” etc., may purport to impose a wide variety of contractual obligations on consumers, for example depriving …

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A Few Criminal Justice Big Data Rules, Stephen E. Henderson Dec 2017

A Few Criminal Justice Big Data Rules, Stephen E. Henderson

Stephen E Henderson

As with most new things, the big data revolution in criminal justice has historic antecedents—indeed, a 1965 Presidential Commission called for some of the same data analysis that police departments and courts are today developing and implementing.  But there is no doubt we are on the precipice of a criminal justice data revolution, and it is a good time to take stock and to begin developing guidelines so that, as much as possible, criminal justice systems might reap the benefits and avoid the pitfalls of this newly data-centric world.  In that spirit, I propose ten high-level rules to guide criminal …

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Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais Dec 2017

Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais

Daniel J Gervais

This article offers a normative analysis of key blockchain technology concepts from the
perspective of copyright law. Some features of blockchain technologies—scarcity, trust,
transparency, decentralized public records and smart contracts—seem to make this
technology compatible with the fundamentals of copyright. Authors can publish works
on blockchain creating a quasi-immutable record of initial ownership, and encode
‘smart’ contracts to license the use of works. Remuneration may happen on online distribution
platforms where the smart contracts reside. In theory, such an automated
setup allows for the private ordering of copyright. Blockchain technology, like Digital
Rights Management 20 years ago, is thus presented …

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