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Articles 151 - 162 of 162
Full-Text Articles in Computer Law
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Brooklyn Law Review
This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access are …
Cannibal Cop Out: The Computer Fraud And Abuse Act, Lenity, Quasi-Strict Liability, Draconian Punishment And A Surgical Solution, Charles S. Wood
Cannibal Cop Out: The Computer Fraud And Abuse Act, Lenity, Quasi-Strict Liability, Draconian Punishment And A Surgical Solution, Charles S. Wood
Brooklyn Law Review
The Second Circuit has recently joined in a longstanding circuit split regarding the interpretation of the phrase “exceeds authorized access” under the Computer Fraud and Abuse Act (CFAA). The split centers around whether an otherwise authorized computer user who violates usage restrictions has exceeded authorized access. In United States v. Valle, the Second Circuit answered the question in the negative. Upon finding the phrase to be ambiguous, the Second Circuit invoked lenity, and therefore narrowly construed their interpretation in the defendant’s favor. This note argues that the Second Circuit was correct to apply lenity as the plain meaning of the …
Strategies And Behaviors Of Cyber Deviance And Internet Trolling, Cody Taylor
Strategies And Behaviors Of Cyber Deviance And Internet Trolling, Cody Taylor
All Master's Theses
As society shifts towards making social media a center focus of contemporary life, trolls, are continually developing distractive dialogue. Although trolls may not be deviant in the sense of harsh online crimes, trolls do cause problems within online communities. Jonathan Bishop (2014) and Whitney Phillips (2015) have developed a foundation of internet troll research. Bishop (2014) studied the behaviors of trolls, while Philips (2015) investigated their techniques. However, neither researcher sampled from an online massive multiplayer Online game. Using one of the largest online gaming communities, World of Warcraft, this research examines the techniques and behaviors of trolling. Trolling was …
Data-Driven Discrimination At Work, Pauline Kim
Data-Driven Discrimination At Work, Pauline Kim
Scholarship@WashULaw
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Auditing Algorithms For Discrimination, Pauline Kim
Auditing Algorithms For Discrimination, Pauline Kim
Scholarship@WashULaw
This Essay responds to the argument by Joshua Kroll, et al., in Accountable Algorithms, 165 U.PA.L.REV. 633 (2017), that technical tools can be more effective in ensuring the fairness of algorithms than insisting on transparency. When it comes to combating discrimination, technical tools alone will not be able to prevent discriminatory outcomes. Because the causes of bias often lie, not in the code, but in broader social processes, techniques like randomization or predefining constraints on the decision-process cannot guarantee the absence of bias. Even the most carefully designed systems may inadvertently encode preexisting prejudices or reflect structural bias. For this …
Whither (Not Wither) Copyleft, Eben Moglen
Whither (Not Wither) Copyleft, Eben Moglen
Faculty Scholarship
This article contains an edited version of Professor Eben Moglen’s speech at the SFLC Fall Conference 2016. It explores the topic of Copyleft, enforcement and community engagement from the perspective of one of the key individuals in the rise of Free and Open Source Software from interesting idea to a central pillar of the global technology industry.
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
Loyola of Los Angeles Law Review
No abstract provided.
Enhanced Damages For Patent Infringement: A Normative Approach, Keith N. Hylton
Enhanced Damages For Patent Infringement: A Normative Approach, Keith N. Hylton
Faculty Scholarship
This paper takes a normative approach to patent infringement damages. Its underlying premise is that the goal of a damages regime should be to maximize society's welfare. Patent damages should therefore balance society's interest in encouraging innovation against the need to regulate infringement incentives. This balancing approach generates an optimal standard for awarding enhanced damages and guidelines for determining the size of the damages multiplier. On the legal standard, the approach developed here illuminates the factors that should be taken into consideration in the enhancement analysis, and, more importantly, the reasons those factors should be considered. On the precise size …
The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog
The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog
Faculty Scholarship
For the past thirty years, the general advice for those seeking to collect, use, and share people’s personal data in a responsible way was relatively straightforward: follow the fair information practices, often called the “FIPs.” These general guidelines were designed to ensure that data processors are accountable for their actions and that data subjects are safe, secure, and endowed with control over their personal information. The FIPs have proven remarkably sturdy against the backdrop of near-constant technological change. Yet in the age of social media, big data, and artificial intelligence, the FIPs have been pushed to their breaking point. We …
Every Algorithm Has A Pov, Susan Nevelow Mart
Every Algorithm Has A Pov, Susan Nevelow Mart
Publications
When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s query …
Research Algorithms Have A Point Of View: The Effect Of Human Decision Making On Your Search Results, Susan Nevelow Mart
Research Algorithms Have A Point Of View: The Effect Of Human Decision Making On Your Search Results, Susan Nevelow Mart
Publications
No abstract provided.