Communications Law Commons^™

The Failed Experiment Of §230 Of The Communications Decency Act: How It Facilitates Exploitation And How It Must Be Reformed, Mary Graw Leary

Scholarly Articles

Two truths coexist: The Internet has brought with it tremendous changes for learning, connection, and business; and the Internet and other digital platforms have led to an unprecedented exploitation of children on a scale never before imagined. This is due in large part to §230 of the Communications Decency Act – the law which tech platforms have perverted to immunize them from liability for their activity which causes extreme harm. This duality has led to a current vigorous debate about whether this 1996 law has any value in the 21st Century.

This article answers that question with a resounding no, …

An Impossible Task: Enforcing Disclosure Requirements In A Multi-Billion Dollar Industry, Keelin Ferris

Catholic University Journal of Law and Technology

Users of the first global social network, MySpace, could have never imagined that a mere twenty years later, teenagers could be millionaires making thirty-second videos out of their parents’ basement. Social media platforms have blossomed and advanced to an unpredictable level in a short amount of time. The growth of TikTok, surpassing one billion users, has been one of the most substantial contributors to the change in landscape.[1] In 2025, “social media influencers” come in all shapes and sizes.[2] Social media users can scroll through Instagram reels and stumble upon their fellow PTA member, co-worker, or grandmother promoting …

The Timing Of Claim Construction: An Analysis Of Claim Construction Procedure And A Proposed Rule To Ensure Cost Effective And Timely Relief In Patent Infringement Cases, Timothy A. Richard

Catholic University Journal of Law and Technology

The federal government issues patents to encourage inventors to produce new and useful works and advance the state of the art.[1] The patent process is simple: in exchange for the right to exclude all others from making and using an invention for an established period, the inventor provides the government — and ultimately the public — with a full disclosure of how to make and use the invention.[2] Despite this full disclosure, the terms used in patent claims are subject to judicial interpretation during litigation.[3] Both the Supreme Court of the United States (“Supreme Court”) and the …

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Catholic University Journal of Law and Technology

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Catholic University Journal of Law and Technology

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If It Was Good Enough To Work Against The Nazis . . . : Revitalizing The Foreign Agents Registration Act To Regulate Modern Foreign Electioneering, Troy Mccurry

Catholic University Law Review

News headlines from the 2016 election to the present have described an ongoing political scandal that is unmatched in modern history: continued attempts of foreign interference in U.S. elections. It is fairly obvious that the United States lacks adequate restrictions to prevent foreign interference in U.S. elections. It therefore needs a law that—while passing constitutional scrutiny—prohibits more foreign political activity than what is currently covered, especially in relation to social media. This should be a simple and effective legislative fix, a return to the core aspects of the original Foreign Agents Registration Act (FARA) that focuses on potential electioneering of …

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

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Catholic University Journal of Law and Technology

No abstract provided.

Protecting The Innocent: How To Prevent The Consequences Of Misidentification And Doxing By Volunteers Helping With Open Source Investigations, Leigh M. Dannhauser

Catholic University Journal of Law and Technology

Individuals performing open source investigations can misidentify alleged perpetrators and dox innocent parties online, which can subsequently lead to threats and harassment against innocent parties and their loved ones. For example, threats were made against Sunil Tripathi’s family after he was wrongly identified as one of the Boston Marathon bombers and doxed on Reddit and Twitter. In 2020, the Berkeley Protocol on Digital Open Source Investigations was published as a guide, and it includes a set of principles to govern open source investigations. However, the Berkeley Protocol is limited to open source investigations performed by those working for organizations. It …

Understanding The Line Between Art And Abuse: How Generative Ai Changes The Landscape Of Child Sexual Abuse Materials, Amy Trivison

Catholic University Journal of Law and Technology

No abstract provided.

A Novel Means To Increase Access To Local News: Analyzing The Benefits And Costs Of Zero-Rating, Kevin Frazier

Catholic University Journal of Law and Technology

The dismal and declining state of local news has motivated bipartisan efforts to “save” this important aspect of a strong civic sphere. A full review of these efforts is beyond the scope of this paper, but an initial review suggests that recent legislative proposals will fall short of reviving local news, if enacted. It follows that other means of assisting the generation and distribution of local news must be considered. One such means is mandating that Internet Service Providers zero-rate content provided by local news outlets. In short, zero-rating results in certain data not counting toward a user’s data cap …

The Future Of Art And Copyright In The World Of Ai, Danna Subia Espinoza

Catholic University Journal of Law and Technology

This paper focuses on the interpretive framework embodied in copyright law and its application to art-producing technologies, how this framework has been applied to new technologies in the past, and the issues surrounding the adaption of these old frameworks to the modern concern of AI-created art. The paper also considers how the application of copyright law to modern AI issues reflects the law’s capability, or inability, to evolve and address novel situations, specifically in relation to AI-based technology. Further, it examines what, if any, steps should be taken to promote courts maintaining a firm grip on copyright protections. The issues …

Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

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Navigating The Intersection Of Regulation And Vulnerability: The Evolving Landscape Of Cybersecurity In Investment Management And The Imperative For Comprehensive Safeguards, Giezi Rios

Catholic University Journal of Law and Technology

No abstract provided.

A How-To Guide For When Your Favorite Meme Account Is Defamed: Involuntary Public Figures In Defamation, Privacy, And Intentional Infliction Of Emotional Distress Law, Elizabeth Mcmullen

Catholic University Journal of Law and Technology

The world we live in today has changed infinitely since the inception of our Constitution and early legal doctrine. Our Founding Fathers could never have predicted that we would one day live in a world where anyone living in any corner of the globe could garner millions of followers. Whether someone finds him or herself to be particularly proficient in writing Harry Potter fan fiction or to be the best creator of memes with an American Girl Doll focus, ordinary citizens could find themselves suddenly jolted out of quiet anonymity by one unexpectedly viral post. Despite years of Instagram micro-fame, …

Vol. 33 Masthead, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

Satellites Crash, Laws Clash: A Legal Framework For The Imminent Space Debris Catastrophe, Michael Conklin

Catholic University Journal of Law and Technology

No abstract provided.

The Battle Between Open Markets And National Security: How Limiting Investments Into Foreign Technology Might Be Hurting National Security Goals, Alexandra Van Cleef

Catholic University Journal of Law and Technology

No abstract provided.

Individualized Ideological Enclosures: The Generative Ai Crisis And How Consumers Can Reclaim Their Feeds, Sydney Rose

Catholic University Journal of Law and Technology

No abstract provided.

American Star Chamber: Online Misinformation, Government Intervention, And The Intellectual Matrix Of The First Amendment, Emily E. Burton

Catholic University Journal of Law and Technology

Just as monarchs and clerical authorities struggled to respond to seditious and heretical writings enabled by the invention of the printing press, twenty-first century governments are experiencing a similar information revolution as a result of the digital age and a rising tide of what the United States has labeled online misinformation. Like the printing press, the Internet has enabled the spread of information at an exponentially lower cost and an exponentially higher speed as it extends the ability to publish thoughts and opinions to an increasingly diverse array of individuals. Although this was largely celebrated during the first two decades …

Federal Protection Of Illegal Short-Term Rentals: How The Protecting Local Authority And Neighborhoods Act Will Hold Airbnb Liable, Enforcing Local Regulations, Nicole Schaeffer

Catholic University Law Review

Section 230 has come under scrutiny from academics and politicians, leading to calls on lawmakers to limit, or even end, Section 230’s immunity for Internet corporations; however, less attention has been given to the effects of Section 230 on the legal landscape in local, off-line communities. Online providers of short-term rental (STR) services such as Airbnb have used Section 230’s protection to shift the burden of complying with local laws and lease agreements onto the users listing STRs. By wielding Section 230 as both a sword and shield in litigation over their listings that violate local laws and lease agreements, …

Masthead, Lead Article Editor

Catholic University Journal of Law and Technology

No abstract provided.

Middleware Technologies: Towards User-Determined News Curation In Social Media, Jose M. Marella

Catholic University Journal of Law and Technology

News distribution and consumption now largely occur within, and are subject to dynamics dictated by, social media platforms. Platforms create audiences, facilitate matching, provide basic services, and set interaction standards. But these networks are structured to maximize engagement and benefit the platforms’ main businesses, leaving individuals with little to no ability to tailor news consumption according to their preferences.

To re-orient platform-dictated dynamics towards user-determined exchanges, middleware technologies—software services appended to social media platforms to curate information flows—are touted as a promising solution. Still, not enough literature articulates middleware’s virtues and hurdles, especially in the context of online news. This …

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …

Establishing The Legal Framework To Regulate Quantum Computing Technology, Kaya Derose

Catholic University Journal of Law and Technology

No abstract provided.

Airdropping Justice: The Constitutionality Of Service Of Process Via Non-Fungible Token, Jenifer Jackson

Catholic University Journal of Law and Technology

No abstract provided.

§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery

Catholic University Journal of Law and Technology

Famously imputed into First Amendment jurisprudence by Justice Oliver Wendell Holmes, the Marketplace of Ideas is a foundational paradigm in free speech theory. However, current trends in social discourse suggest the Marketplace has crashed. Conspiracy theories illustrate this crash as a story of unintended consequences and, paradoxically, a consequence of judicial and legislative efforts to prevent it. Acknowledging the popularity and widespread use of the internet and social media, I explore solutions to rejuvenate the Marketplace of Ideas and better align its prominence in First Amendment doctrine with the reality of the current speech landscape.

Table Of Contents, Lead Article Editor

Catholic University Journal of Law and Technology

No abstract provided.

In Memorial - Dorothy Erstling Cukier, Lead Article Editor

Catholic University Journal of Law and Technology

No abstract provided.

One Small Step On Tiktok, One (Possibly) Giant Leap For The Dance Community: How Tiktok Spearheaded A Change In The Seemingly Stagnant Field Of Copyright Law, Sydney L. Solferino

Catholic University Journal of Law and Technology

No abstract provided.