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Articles 1 - 19 of 19
Full-Text Articles in Law
Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang
Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang
Maurer Theses and Dissertations
Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.
This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …
Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti
Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti
Theses/Capstones/Creative Projects
This paper looks into the issue of minors in the era of social media and seeks to answer the question: how can regulations help to protect children’s privacy in the age of social networks? To do this, this paper will start by exploring the privacy issues that have arisen amongst minors in the modern age and the lack of accountability for social networking companies. It will then look at the current regulations related to this issue and see where these regulations have fallen short. Next, possible regulatory solutions to this issue will be explored, including looking at current laws that …
Influences Of Social Media, Samuel Whatley Ii
Influences Of Social Media, Samuel Whatley Ii
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The Internet is a double-edged sword because it provides easy access to information of both good and bad intentions. Censorship justifications under whoever deems something misinformation, provide little oversight on being a neutral public forum. For instance, the influence of elections by not covering a story and censoring opposing views does not promote the notion of being a neutral public forum. Artificial intelligence being applied to many technological applications have fueled the censorship machine. In some instances, artificial intelligence can generate stories to media sites (i.e., ChatGPT) with no verification of the details. From science fiction to science reality, taking …
Anti-Antisemitism Now, Lili Levi
Anti-Antisemitism Now, Lili Levi
University of Miami Law Review
On May 25, 2023, the Biden Administration released The U.S. National Strategy to Counter Antisemitism—America’s first national strategy of this kind. In early November 2023, the White House announced the establishment of the first-ever U.S. National Strategy to Counter Islamophobia. These historic commitments respond to increases in identity-based bias incidents and expression against Jews and Muslims. Antisemitic incidents, which were already rising even before the pandemic, increased by almost 400% since the start of the Israel-Hamas war. The war also triggered a sharp upturn in Islamophobic incidents in the U.S., including the shooting of three college students and …
The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse
The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
The Unregulated Digital Playground: Why Kids Need Right Of Publicity Protections From Their Parents, Sophie Polo
The Unregulated Digital Playground: Why Kids Need Right Of Publicity Protections From Their Parents, Sophie Polo
Journal of Intellectual Property Law
As social media continues to become more prevalent in society, profitability on social media platforms continues to increase. Parents have discovered ways to profit online by using their children in content to gather views, therefore taking advantage of their children's right of publicity. While some parents use this profit to raise their children, there is no guarantee that children benefit from their parent's use of their name, image, or likeness. Since social media is still a relatively new space, there are not many protections for the interests of children on social media compared to other areas such as child acting. …
Identifying And Responding To Privacy Dark Patterns, Dominique Kelly, Jacquelyn Burkell
Identifying And Responding To Privacy Dark Patterns, Dominique Kelly, Jacquelyn Burkell
FIMS Publications
Privacy dark patterns are user interface design strategies intended to “nudge” users to reveal personal data, either directly or by enabling (or failing to disable) privacy-invasive platform/profile settings. Examples of privacy dark patterns on social media include defaults that enable the public display of posted content, warnings that follow attempts to reject personalized ads, and hidden “skip” buttons that make it more challenging to decline privacy-undermining requests such as to sync contacts.
Our project aims to minimize the impact of privacy dark patterns on Canadian youth. Building on our prior research documenting the use of these strategies on five social …
Approaches To Regulating Privacy Dark Patterns, Matthew Gaulton, Dominique Kelly, Jacquelyn Burkell
Approaches To Regulating Privacy Dark Patterns, Matthew Gaulton, Dominique Kelly, Jacquelyn Burkell
FIMS Publications
In this paper, we will evaluate new bills slated to replace the Personal Information Protection and Electronic Documents Act (PIPEDA) and offer stronger privacy dark pattern protections to Canadians.
Existing scholarship in the realm of privacy law, such as “Deceptive Design and Ongoing Consent in Privacy Law” by Jeremy Wiener and “Privacy Dark Patterns: A Case for Regulatory Reform in Canada” by Ademola Adeyoju, primarily focuses on creating frameworks for understanding privacy dark patterns in the law and explaining the pitfalls and legal inadequacies surrounding dark pattern legislation in Canada.
However, the aim of this paper diverges significantly. While acknowledging …
Communication With Public Officials In The Modern Age Of Social Media: Does It Violate The First Amendment When Public Officials Block Private Individuals From Their Social Media Pages?, Emily Cohen
Duke Journal of Constitutional Law & Public Policy Sidebar
In the modern world, social media dominates. It is considered an almost essential function of public officials, ranging from the President of the United States to local politicians, to maintain at least one social media page to keep the public updated on their policies and current events. As public officials shift toward social media to communicate with the public, these social media sites become the new spaces for public discourse, with members of the public often commenting on or responding to public officials' posts. As more public discourse occurs on these sites, and individuals begin to criticize their public officials …
Killing Two Birds With One Stone: Remedying Malicious Social Bot Behavior Via Section 230 Reform, Jackson Smith
Killing Two Birds With One Stone: Remedying Malicious Social Bot Behavior Via Section 230 Reform, Jackson Smith
William & Mary Business Law Review
As “interactive computer services” (social media sites) expanded over the past decade, so too did the prevalence of “social bots,” software programs that mimic human behavior online. The capacity social bots have to exponentially amplify often-harmful content has led to calls for greater accountability from social media companies in the way they manage bot presence on their sites. In response, many social media companies and private researchers have developed bot-detection methodologies to better govern social bot activities. At the same time, the prevalence of harmful content on social media sites has led to calls to reform Section 230 of the …
Likes, Camera, Action: Safeguarding "Child Influencers" Through Expanded Coogan Protections And Increased Regulation Of Social Media, Dana D. Joss
William & Mary Business Law Review
As a result of the increased popularity of influencer marketing, various “child influencers” have risen to stardom on popular social media platforms such as YouTube, TikTok, and Instagram. To date, these children have no protections under the law to safeguard them from the dangers of the influencer industry. Namely, there are no safeguards from financial exploitation by parents and guardians; children hold no guarantee that they can retain their earnings from social media. Further, there are no regulations in place regarding the number of hours child influencers may work and such children sometimes maintain little control over the extent of …
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Catholic University Law Review
Social media allows users to exchange thoughts and ideas without saying a single word. Whether a user “likes” “reposts” or “quotes” third-party content, a user publicly interacts with content authored by someone else with the click of a button. Is this online activity more akin to a user making a statement, adopting a third-party’s statement, or not making a statement at all? Does it matter? Only certain statements can be used against you at trial. Federal Rule of Evidence (“Federal Rule”) 802(a) provides that “hearsay” is an out-of-court statement offered for the truth of the matter asserted. According to Federal …
Digital Terror Crimes, Cody Corliss
Digital Terror Crimes, Cody Corliss
Law Faculty Scholarship
Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.
This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …
Virtual Justice: Criminalizing Avatar Sexual Assault In Metaverse Spaces, Olivia Bellini
Virtual Justice: Criminalizing Avatar Sexual Assault In Metaverse Spaces, Olivia Bellini
Mitchell Hamline Law Review
No abstract provided.
Protecting Free Speech In Social Media: A Pathway To Self-Determination In International Law, Sydney Marie Harley
Protecting Free Speech In Social Media: A Pathway To Self-Determination In International Law, Sydney Marie Harley
Emory International Law Review Recent Developments
With the growth of Internet and social media usage, state regulatory action to surveil and censor citizens is running rampant. As the principle of self-determination stands, minority populations are typically bearing the brunt of these attacks, receiving little protection under domestic and international law. Self-determination within international law must be restructured into a definitive pathway that includes protecting the freedom of speech to encourage discourse and tolerance between the State and its minority populations. This article proposes a solution that could fill the gap in international law formed by insufficient domestic rule in States that neglect to protect these populations …
Target(Ed) Advertising, Derek E. Bambauer
Target(Ed) Advertising, Derek E. Bambauer
UF Law Faculty Publications
Targeted advertising—using data about consumers to customize the ads they receive—is deeply controversial. It also creates a regulatory quandary. Targeted ads generate more money than untargeted ones for apps and online platforms. Apps and platforms depend on this revenue stream to offer free services to users, if not for their financial viability altogether. However, targeted advertising also generates significant privacy risks and consumer resentment. Despite sustained attention to this issue, neither legal scholars nor policymakers have crafted interventions that address both concerns, and existing regulatory regimes for targeted advertising have critical gaps.
This Article makes three key contributions to the …
Machine Manipulation: Why An Ai Editor Does Not Serve First Amendment Values, Alec Peters
Machine Manipulation: Why An Ai Editor Does Not Serve First Amendment Values, Alec Peters
University of Colorado Law Review
The past few years have seen increasing calls for regulation of large social media platforms, and several states have recently enacted laws regulating their content moderation, promotion, and recommendation practices. But if those platforms are exercising editorial discretion when carrying out these tasks, many of the regulations will run into constitutional concerns: the First Amendment protects the “exercise of editorial control and judgment” by publishers over their choice of content and how it is presented. However, the editorial operation of social media platforms differs significantly from traditional media, most importantly in the use of artificial intelligence (AI) for editorial decision-making. …
Social Media, The Modern Public Forum: The State Action Doctrine And Resurrection Of Marsh, Erika L. Andersen
Social Media, The Modern Public Forum: The State Action Doctrine And Resurrection Of Marsh, Erika L. Andersen
Mitchell Hamline Law Review
No abstract provided.
Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott
Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott
Faculty Scholarship
Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law, dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs, focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. In her essay, Goodwin explores the harms that will follow if minors’ right of access …