Internet Law Commons^™

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra

Indonesia Law Review

There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based …

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …

Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams

Georgia State University Law Review

Refrigerators can now tweet. Today, almost sixty years after the states widely adopted the Uniform Commercial Code (UCC), the line between goods and services is more blurred than ever. When the UCC was drafted, a good was the simple opposite of a service. A good was something “movable” and tangible, and a service was not. Article 2 of the UCC, which governs sales, limits its scope to goods.

However, because Article 2 was drafted long before the proliferation of so-called “smart goods,” courts continuously struggle to determine when a smart good falls within Article 2’s scope. Courts have developed different …

Civil Society And Cybersurveillance, Andrew Mccanse Wright

Arkansas Law Review

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.

Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb

Fordham Law Review

Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.

Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones

Georgia State University Law Review

Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.

Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls and reaching directly …

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …

Fairness, Trust And Security In Online Dispute Resolution, Noam Ebner, John Zeleznikow

Journal of Public Law and Policy

No abstract provided.

Software Patentability After Prometheus, Joseph Holland King

Georgia State University Law Review

This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …

Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener

Indonesia Law Review

This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …

Costing A Pretty Penny: Online Penny Auctions Revive The Pestilence Of Unregulated Lotteries, David R. Konkel

Seattle University Law Review

Penny auctions, an online phenomenon imported from Europe, operate by the hundreds in the United States without meaningful oversight from consumer protection agencies. In a penny auction, consumers compete for items one penny at a time. To date, no significant inquiry, either academic or practical, into the legitimacy of the penny auction has occurred. Although marketed as auctions, online penny auctions may actually qualify as lotteries. Unlike the multifarious and confusing definitions of gambling, the long-accepted definition of a lottery consists of three elements: prize, consideration, and chance. If a penny auction satisfies this definition then, under well-established case law …

State Administrative Legal Review On The Bill Of Retraction Law Of Corrupted Assets In Eradication Effort Of Corruption In Indonesia, Dian Puji Simatupang

Indonesia Law Review

Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on …

On Land (Wealth) Distribution: A Cultural Approach To Justice In Indonesia, Suparjo Suparjo

Indonesia Law Review

This article re-examines the Indonesian land distribution policy in light of Pancasila , the five core values of the Indonesian constitution. Furthermore, the article also analyzes social problems in Indonesia from the legal and cultural point of view. Inspired by Javanese shadow puppet plays and Pancasila values, analysis shows that that land distribution policy in Indonesia does not support the goal of the country. The policy does not adhere to Pancasila values and the cultural values adopted by the Indonesian people. Hence I will try to give a recommendation for better regulation in land distribution. Evidences will be given to …

Patent, Technology, And The Role Of University, Agus Sardjono

Indonesia Law Review

University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.

Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne

University of Richmond Law Review

No abstract provided.

The Price-Anderson Public Liability Action And Strict Liability, Donald E. Jose, Michael A. Garza

ExpressO

Nuclear Power and nuclear weapons plants seem to be an ultrahazardous activity for which strict liability should apply. However, unusual provisions of the Price-Anderson Act serve to shield nuclear power and nuclear weapons plants and associated activities from strict liability unless the federaq agency regulating the activity determins that a special from of strict liability can be applied.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann

ExpressO

This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder

Seattle University Law Review

Imagine that it is Tuesday, November 4, 2008, and you realize that you have not yet voted for the candidate that you want to be President of the United States. The polls close at 7 p.m., and it is already 6:45 p.m. Instead of rushing off to the nearest polling place, you simply go to your computer, log in, fill out a ballot, and email your ballot to your designated polling website. The whole process takes fewer than ten minutes, and you have done your civic duty. Leading proponents of Internet voting point to five possible benefits of electronic voting: …

Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva

Florida State University Journal of Transnational Law & Policy

No abstract provided.