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Articles 1 - 30 of 89
Full-Text Articles in Law
Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia
Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia
Catholic University Journal of Law and Technology
No abstract provided.
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Lorrie F Cranor
We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The Internet increasingly offers a preferred medium for access to video and other types of high value content that may require Internet Service Providers (“ISPs”) to use special efforts to ensure superior quality of service (“QOS”). ISPs have made substantial investments in infrastructure upgrades to satisfy growing demand for networks capable of delivering bandwidth intensive traffic at higher transmission speeds. Additionally, they work to accommodate consumer expectations of having content access anytime, anywhere, through any medium, via any device, and in any screen presentation format. Early adopters of new video delivery technologies rely on both wireline and wireless alternatives …
Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton
Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton
Fordham Intellectual Property, Media and Entertainment Law Journal
In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute
Michigan Journal of International Law
The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …
Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law
Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor
Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor
raphael cohen-almagor
Raphael Cohen-Almagor, the author of Confronting the Internet's Dark Side, explains his motivation for exploring the dangerous side of the world wide web. This new book is the first comprehensive book on social responsibility on the Internet.
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Economies Of The Internet I: Intersections, Kylie Jarrett, Julia Velkova, Peter Jakobsson, Roderick Graham, David Gehring
Economies Of The Internet I: Intersections, Kylie Jarrett, Julia Velkova, Peter Jakobsson, Roderick Graham, David Gehring
Sociology & Criminal Justice Faculty Publications
The internet has increasingly been conceptualized as a space of economic activity. This contemporary imaginary has been particularly influenced by insights from the school of Autonomist Marxism in the foundational work of Tiziana Terranova and through the dominance of Christian Fuchs’ application of Marxist economic concepts. While this has generated great insight into the political economy of the internet, and in particular allowed for the conceptualization of user activity as labor, this approach is only one paradigm for considering the economic activities and implications of the internet. For internet research, there is also the need to move beyond the long …
Analysis Of Freedom Of Information For Its Effect On Society By Considering 2011, The Year Of The Arab Spring, Paul D. Callister, Kimberlee Everson
Analysis Of Freedom Of Information For Its Effect On Society By Considering 2011, The Year Of The Arab Spring, Paul D. Callister, Kimberlee Everson
Faculty Works
2011, the year of the Arab Spring, presents a unique opportunity to look back and study how the relative freedom and development of information environments affect stability in nations throughout the Middle East and world. Such study raises interesting questions about whether freedom of information and speech are ultimately stabilizing influences for society in terms of loyalty, violence and political unrest — questions all the more important as societies face the onslaught of the internet, mobile devices and cell phones. Are non-democratic regimes “better off” by monopolizing and controlling the flow of information over new information channels? Are democratic societies, …
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc Fritzsche
Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc Fritzsche
Marc Fritzsche
With the digitalization of music and the increasing popularity of online streaming services, people can conveniently create their own playlists and music compilations at will and share them worldwide. Imagine a world in which any selection and arrangement of songs, whether made by you, a DJ, a radio station, or a record label, is protected under the regime of Copyright Law. The result would be a vast amount of copyright infringements when a playlist or compilation gets mimicked by others. Thus far, only the High Court in London, UK, was confronted with this problem, but the parties settled, leaving the …
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Giancarlo Francesco Frosio
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …
Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage
Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage
Michigan Business & Entrepreneurial Law Review
Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus …
Re-Imagining The Principle Of National Treatment: Addressing Private International Law Issues In Copyright Infringement In The Internet Era, Ragavi Ramesh
Electronic Thesis and Dissertation Repository
This dissertation examines the principle of National Treatment enshrined in international copyright treaties to address private international law issues in copyright infringement occurring over the Internet. The thesis provides a brief overview of private international law and analyzed the principle of National Treatment as a private international law rule determining jurisdiction and applicable law. The primary case studies in the thesis include an analysis of the rules adopted in copyright disputes by courts in England, France, the United States and Canada in the pre- and post-Internet contexts, as well as a discussion of the European Union as an exception to …
Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin
Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin
David E. Sorkin
Participants in online auctions use a variety of payment mechanisms, but checks and money orders still represent the most commonly used means of payment. Credit cards afford greater protection to buyers, but until recently payment by credit card was not even an option for person-to-person transactions. However, several online payment services have been established that enable individuals to make credit card payments to one another, generally with the payment service acting as an intermediary. These services are growing rapidly, mainly because of the speed and convenience that they offer. Yet relatively little attention has been paid to the risks and …
Gender Biases In Cyberspace: A Two-Stage Model For A Feminist Way Forward, Shlomit Yanisky-Ravid, Amy Mittelman
Gender Biases In Cyberspace: A Two-Stage Model For A Feminist Way Forward, Shlomit Yanisky-Ravid, Amy Mittelman
Shlomit Yanisky-Ravid Professor of Law
Increasingly, there has been a focus on creating democratic standards and procedures in order to best facilitate open exchange of information and communication online—a goal that fits neatly within the feminist aim to democratize content creation and community. Collaborative websites, such as blogs, social networks, and, as focused on in this Article, Wikipedia, represent both a Cyberspace community entirely outside the strictures of the traditional (intellectual) proprietary paradigm and one that professes to truly embody the philosophy of a completely open, free, and democratic resource for all. In theory, collaborative websites are the solution that social activists, Intellectual Property opponents …
Swift, Modest Proposals, Babies, And Bathwater: Are Hibbitts's Writes Right?, Thomas R. Bruce
Swift, Modest Proposals, Babies, And Bathwater: Are Hibbitts's Writes Right?, Thomas R. Bruce
Akron Law Review
That is one of the reasons I fidget a bit as I read Last Writes?. I think that doing what Hibbitts proposes and more to the point, doing it well will be rather more work than he lets on, and will be anything but immediate. It will be a difficult kind of work, the thorny, self critical kind that law schools generally avoid like the plague. While Hibbitts does an excellent job of outlining the possible objections to his "modest proposal," I think that he underestimates the tenacity of the existing culture. I also think he misses some of the …
Self-Publication On The Internet And The Future Of Law Reviews, Gregory E. Maggs
Self-Publication On The Internet And The Future Of Law Reviews, Gregory E. Maggs
Akron Law Review
This essay presents a different vision of the future. Part I explains why law reviews might continue to exist even after self-publication on the Internet becomes the norm. It suggests that law reviews could still perform many of the functions they currently perform, even it they get out of the business of publishing. Part II then argues that law schools should favor the continued existence of law reviews. It explains that law reviews stimulate and enrich the students who volunteer to serve on them, and that developments on the Internet will make the law review experience even more valuable. Part …
The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier
The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier
Akron Law Review
In Part I of this paper, I will review the essentials of Hibbitts's discussion, and his argument that electronic self-publication of legal scholarship soon willand shouldreplace the edited, printed law review as we know it today. In Part II, I apply sociological analysis to explore some special features of the audience for and functions of legal scholarship. I will build upon this discussion in Part III, which explains why legal scholarship is a poor candidate for electronic self-publication, and why self-publication is a poor use of the Internet's potential for scholarly communication. In the concluding Part IV, I outline some …
Cyberspace: The Final Frontier, For Regulation?, Jay Krasovec
Cyberspace: The Final Frontier, For Regulation?, Jay Krasovec
Akron Law Review
This article will discuss the concept of anonymity on the Internet and argue for its protection. Part II provides background information on the Internet and illustrates the prominence the Internet has in today's global society. Part III discusses the concept of anonymity and its importance in our daily communications and how these principles necessarily extend to online communication. Part IV outlines the purported justifications for regulating Internet content, which is followed by Part V discussing current and attempted regulations of the Internet. This article then argues for the full protection of online anonymous speech as mandated by fundamental principles of …
Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty
Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty
Akron Law Review
This comment explores the constitutionality of federal regulations as applied to Internet content and alternatives to government regulation. Part II provides background on the Internet, First Amendment obscenity and indecency law as applied to communications media, and past and current legislation enacted to regulate Internet content. Part III analyzes the constitutionality of COPA, and discusses why other alternatives are more effective and preferable to government regulation. Part IV concludes that protecting children from harmful Internet content is the responsibility of parents, and therefore, Internet regulation should begin at home.
E-Obviousness, Glynn S. Lunney Jr.
E-Obviousness, Glynn S. Lunney Jr.
Glynn Lunney
As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …
Rethinking Spyware: Questioning The Propriety Of Contractual Consent To Online Surveillance, Wayne R. Barnes
Rethinking Spyware: Questioning The Propriety Of Contractual Consent To Online Surveillance, Wayne R. Barnes
Wayne R. Barnes
The spyware epidemic has reached new heights on the Internet. Computer users are increasingly burdened with programs they did not knowingly or consciously install, which place strains on their computers' performance, and which also trigger annoying "pop-up" advertisements of products or services which have been determined to match the users' preferences. The users' purported preferences are determined, in turn, by the software continuously monitoring every move the consumer makes as she "surfs the Internet." The public overwhelmingly disapproves of spyware which is surreptitiously placed on computers in this manner, and also largely disapproves of the pop-up advertising paradigm. As a …
Rethinking Spyware: Questioning The Propriety Of Contractual Consent To Online Surveillance, Wayne R. Barnes
Rethinking Spyware: Questioning The Propriety Of Contractual Consent To Online Surveillance, Wayne R. Barnes
Wayne R. Barnes
The spyware epidemic has reached new heights on the Internet. Computer users are increasingly burdened with programs they did not knowingly or consciously install, which place strains on their computers' performance, and which also trigger annoying "pop-up" advertisements of products or services which have been determined to match the users' preferences. The users' purported preferences are determined, in turn, by the software continuously monitoring every move the consumer makes as she "surfs the Internet." The public overwhelmingly disapproves of spyware which is surreptitiously placed on computers in this manner, and also largely disapproves of the pop-up advertising paradigm. As a …
Copyright Tensions In A Digital Age, John D. Shuff, Geoffrey T. Holtz
Copyright Tensions In A Digital Age, John D. Shuff, Geoffrey T. Holtz
Akron Law Review
The rapid and exponential expansion of our ability to duplicate and disseminate information by digital means has rejuvenated inherent tensions in the law pertaining to copyright and has created some new ones. Not since the advent of radio in the early 1900s have such tensions come so squarely into focus. Even though courts are rarely, if ever, called upon to address certain of these tensions since the passage of the Copyright Act of 1976, they are being called upon to do so now
Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin
Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin
Akron Law Review
Participants in online auctions use a variety of payment mechanisms, but checks and money orders still represent the most commonly used means of payment. Credit cards afford greater protection to buyers, but until recently payment by credit card was not even an option for person-to-person transactions. However, several online payment services have been established that enable individuals to make credit card payments to one another, generally with the payment service acting as an intermediary. These services are growing rapidly, mainly because of the speed and convenience that they offer. Yet relatively little attention has been paid to the risks and …
The Medium Is The Message: Copyright Law Confronts The Information Age In New York Times V. Tasini, Mark B. Radefeld
The Medium Is The Message: Copyright Law Confronts The Information Age In New York Times V. Tasini, Mark B. Radefeld
Akron Law Review
This Note analyzes the Supreme Court’s recent opinion in New York Times Co. v. Tasini and its implications for the future of copyright law and electronic publishing. Part II of this Note documents the background of copyright law, and details how the default provisions of §201(c) govern the publisher-author relationship. Part III of this Note introduces the parties and circumstances surrounding the Tasini case. Part III continues by outlining the District Court for the Southern District of New York, the Court of Appeals for the Second Circuit, and the Supreme Court decisions in this landmark case. Part IV of this …
United States V. American Library Association: The Choice Between Cash And Constitutional Rights, Barbara A. Sanchez
United States V. American Library Association: The Choice Between Cash And Constitutional Rights, Barbara A. Sanchez
Akron Law Review
This Note discusses the possibility that the Court, in its eagerness to protect children, twisted established First Amendment doctrines to uphold CIPA and declined to address other legal issues that weaken CIPA’s constitutionality. Part II provides a historical background of previous legislation attempting to protect children accessing the Internet, explains what CIPA is and compares it to previous legislation, and also discusses current filtering technology and its limitations. Part III provides a statement of the facts, including the procedural history of the case. Part IV analyzes the Court’s confusing and inconsistent application of firmly established rules dealing with Congress’ spending …
Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur
Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur
University of Arkansas at Little Rock Law Review
No abstract provided.