Computer Law Commons^™

What's Going On With Copyright Trolls?, Edward Grahovec

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton

Pepperdine Law Review

Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit generating purposes. …

Artificial Financial Intelligence, William Magnuson

Faculty Scholarship

Recent advances in the field of artificial intelligence have revived long-standing debates about what happens when robots become smarter than humans. Will they destroy us? Will they put us all out of work? Will they lead to a world of techno-savvy haves and techno-ignorant have-nots? These debates have found particular resonance in finance, where computers already play a dominant role. High-frequency traders, quant hedge funds, and robo-advisors all represent, to a greater or lesser degree, real-world instantiations of the impact that artificial intelligence is having on the field. This Article will argue that the primary danger of artificial intelligence in …

Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier

Brooklyn Law Review

In 2014, the Internal Revenue Service (IRS) issued Notice 2014-21 in an attempt to address issues with cryptocurrency taxation, essentially reaching the conclusion that cryptocurrency must be treated like property for purposes of taxation. In the time since the IRS pronouncement, several academics have called for an alternative treatment known as “currency treatment.” Each treatment inadequately addresses the comprehensive issues surrounding cryptocurrency because they offer wholesale treatment to nuanced issues with valid concerns from each side. To truly allow this emerging industry to flourish and gain societal acceptance, artful policymaking is required. This note provides an example of such policymaking. …

Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi

Brooklyn Journal of Corporate, Financial & Commercial Law

Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …

Searches Of The Person: A New Approach To Electronic Device Searches At Canadian Customs, Justin Doll

Canadian Journal of Law and Technology

What goes through your mind at customs? As you wait in that folded line, edging closer to a row of enclosed booths manned by uniformed officers, surrounded by security cameras and warning signs? Perhaps you’re trying to act naturally, then wondering if it shows? Perhaps you’re mentally recalculating the amount you’ve scribbled onto your customs declaration? Or perhaps you’re exhausted from your flight, maybe nursing a bit of a hangover, not thinking about much at all? When you finally get to the front of the line, how do you expect your conversation with the customs officer to go?

According to …

U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim

Washington Journal of Law, Technology & Arts

In March 2018, Congress passed the Clarifying Lawful Overseas Use of Data Act, also known as the CLOUD Act, in order to expedite the process of cross-border data transfers for the purposes of criminal investigations. The U.S. government entered into its first Executive Agreement, the main tool to achieve the goals of the statute, with the United Kingdom in October 2019. While the CLOUD Act requires the U.S. Attorney General to consider whether the foreign government counterpart has a certain level of robust data privacy laws, the relevant laws of the United Kingdom have generally been questioned numerous times for …

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel

Washington Journal of Law, Technology & Arts

In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …

Developing Privacy Best Practices For Direct-To-Public Legal Apps: Observations And Lessons Learned, Teresa Scassa, Amy Salyzyn, Jena Mcgill, Suzanne Bouclin

Canadian Journal of Law and Technology

Canada’s access to justice problem is undeniable. Too many people are unable to get the help they need when they experience legal issues. The reasons underlying this problem are multi-faceted and complex. One major barrier to effectively accessing justice is the cost of legal services; the fees associated with hiring a lawyer are often prohibitive. Increasingly, technology is advanced as a potential solution to the unaffordability of conventional legal services. Courts have tried to create efficiencies by, for example, allowing for e-filing and video- conferenced testimony, where appropriate. For lawyers, new technology products emerge almost daily to help streamline tasks …

Can Pipeda ‘Face’ The Challenge? An Analysis Of The Adequacy Of Canada’S Private Sector Privacy Legislation Against Facial Recognition Technology, Tunca Bolca

Canadian Journal of Law and Technology

Facial recognition technology is one of the most intrusive and privacy threatening technologies available today. The literature around this technology mainly focuses on its use by the public sector as a mass surveillance tool; however, the private sector uses of facial recognition technologies also raise significant privacy concerns. This paper aims to identify and examine the privacy implications of the private sector uses of facial recognition technologies and the adequacy of Canada’s federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), in addressing these privacy concerns. Facial templates produced and recorded by these technologies are …

Reflections On The Influence Of Social Media On Judging, Peter D. Lauwers Justice

Canadian Journal of Law and Technology

This essay examines the influence of social media on judging. While the ethical implications of judges’ engagement in social media have received some scholarly attention, the actual influence of social media on judging has not.1 But it is possible to make some useful observations that might at once seem obvious and disquieting.

This essay is divided into four parts. Part 1 describes the normative judicial disposition. Part 2 examines the psychology of judging. Part 3 asks what could go wrong with the judicial use of social media. Part 4 describes a stance judges might take towards social media.

Case Comment: British Columbia (Attorney General) V. Brecknell, David T. Fraser

Canadian Journal of Law and Technology

In a day and age where a large portion of both innocent and criminal communications travel across the border and then reside on servers outside of the country, many Canadian police and prosecutors were understandably excited by the British Columbia Court of Appeal’s decision in Brecknell. This case concludes that a Canadian court can order an entity that is only ‘‘virtually present” to produce records pursuant to a Criminal Code production order.

While it is a case that deals with a compelling issue faced by Canadian law enforcement in an environment where hundreds of such orders are issued naming US …

A Better Act, More Bad Behaviour Online: Nova Scotia’S New Intimate Images And Cyber-Protection Act Goes To Court, Jennifer Taylor

Canadian Journal of Law and Technology

There is now a reported decision under Nova Scotia’s new Intimate Images and Cyber-protection Act,1 which came into force in July 2018 after the previous legislation, the Cyber-safety Act,2 was struck down as unconstitutional.3

The case, Candelora v. Feser,4 was set against the backdrop of a bitter family law dispute. Dawna Candelora (the Applicant), alleged that her former spouse Trevor Feser and his new partner Sonia Dadas (the Respondents) were cyber- bullying her through an unrelenting stream of negative Facebook posts.

Justice Joshua Arnold of the Supreme Court of Nova Scotia found that the Respondents had engaged in cyber-bullying and …

Book Review: The Long Journey To Software Valuation: Risks And Rewards Ahead By Dwight Olson, Duncan C. Card

Canadian Journal of Law and Technology

One of the most difficult challenges for any technology start-up, and for its investors, is how to assess the commercial value of their innovative product or service solution. Much-needed guidance on that challenge has finally arrived. Dwight Olson’s The Long Journey To Software Valuation, released on March 1st of this year, provides tremendous assistance for both owners of those assets and all potential investors. In fact, the arrival of Mr. Olson’s book is a relief. As my law practice has been, and remains, devoted to aggressively commercializing technology (including software) for over 25 years, I personally know how welcome …

The Limits And Possibilities Of Data-Driven Antitrafficking Efforts, Jennifer Musto Ph.D.

Georgia State University Law Review

An examination of technology in the countertrafficking space reveals recurring tensions between law enforcement and rights-based approaches. It also illuminates assumptions, such as the one that posits more law enforcement-focused, nonstate-actor-supported data-driven efforts are necessary to securing justice for people in trafficking situations. However, a closer look at how technology is used and by whom also invites us to ask different questions and to leverage the power of our all-too-human creative potential in thinking about how to value and prioritize data ethics, transparency, and accountability in future countertrafficking work.

The Common Law Of Cyber Trespass, Michael J. O'Connor

Brooklyn Law Review

Right now, if executives in California and Virginia each bribe a competitor’s disloyal employee to steal a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA), the Government can charge one executive but not the other. Courts decide these cases differently due to the widening circuit split over the CFAA term “without authorization.” Neither the Supreme Court nor Congress has shown interest in resolving the split over authorization. Even more concerning is the suggestion that they can’t resolve it; the statute addresses too many potential scenarios for a single definition to end all debate. …

Taxation Of Electronic Gaming, Bryan T. Camp

Washington and Lee Law Review

At a doctrinal level, the subject of this Article is timely. During this time of the coronavirus pandemic, casinos have been closed and large populations have been subject to stay-home orders from local and state authorities. One can reasonably expect a large increase in electronic gaming and thus an increased need for proper consideration of its taxation. This Article argues for a cash-out rule of taxation.

At a deeper level, the subject of this Article is timeless. Tax law is wickedly complex for a reason. This Article explores that complexity using the example of electronic gaming. It grapples with the …

Data And The Social Obligation Norm Of Property: An Essay In Honor Of Professor Gregory S. Alexander, Christopher K. Odinet

Cornell Journal of Law and Public Policy

In the age of the Cambridge Analytica/Facebook scandal and sundry other data breaches at Under Armour, Target, and Best Buy, the issue of security and privacy in consumer data has become increasingly important. For much of the modern era, the development of technology has gone relatively unchecked, with the United States having ceded much of the policymaking terrain to Silicon Valley. This has resulted in the unbridled creation of vast amounts of consumer data. Users who engage with tech platforms generate bits and bytes about themselves based on their activities, preferences, and habits. This information-this "data"- is then harnessed by …

Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann

Washington Journal of Law, Technology & Arts

The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …

Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco

Touro Law Review

No abstract provided.

Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala

Cybaris®

No abstract provided.

A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming

Seattle University Law Review

This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …

Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine, Cristina Del Rosso, Carol M. Bast

Catholic University Journal of Law and Technology

The goal of this paper is to examine the future of the third-party doctrine with the proliferation of technology and the online data we are surrounded with daily, specifically after the Supreme Court’s decision in Carpenter v. United States. It is imperative that individuals do not forfeit their Constitutional guarantees for the benefit of living in a technologically advanced society. This requires an understanding of the modern-day functional equivalents of “papers” and “effects.”

Looking to the future, this paper contemplates solutions on how to move forward in this technology era by scrutinizing the relevancy of the third-party doctrine due …

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.