Internet Law Commons^™

The History Of Team Production Theory, Ron Harris

Seattle University Law Review

In this short Essay, the author consider the team production theory developed by Margaret Blair and Lynn Stout1 from a historical perspective, in three senses. First, does the theory fit the historical use of the corporate form? Second, can it explain the development of corporation law doctrines? And third, can we place the development of the theory as such into the intellectual history of corporation theories at large? The author will state my bottom line up front: while the Article finds the team production theory insightful and useful for my historical research, for teaching corporation law, and for thinking about …

Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb

Seattle University Law Review

For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for …

Japanese And American Privacy Laws, Comparative Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 1 (2015), Jane Kim

UIC John Marshall Journal of Information Technology & Privacy Law

To understand the laws of a foreign nation, one must first under-stand that nation’s culture. Its people and their customs will provide in-sight into the proper interpretation and application of such laws. For those reasons, this commentary commences with cursory background on Japanese people, followed by a brief comparative analysis of Health In-surance Portability and Accountability Act (“HIPAA”) (enacted in 1996) and its Japanese counterpart, the Act on the Protection of Personal In-formation (“APPI”) (enacted in 2003). The Japanese have borrowed a lot of American concepts of privacy laws. This paper will explore how these imported privacy concepts may not …

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …

Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman

Georgia Journal of International & Comparative Law

No abstract provided.

For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg

Georgia Journal of International & Comparative Law

No abstract provided.

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas

Pace Law Review

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some …

A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng

Georgia Journal of International & Comparative Law

No abstract provided.

A Study On The Safe Harbor Rules For Online File Hosting Service Providers Under Copyright Law In China, Shi Xu

Maurer Theses and Dissertations

Today both the U.S. and China are plagued with copyright infringement, particularly infringement involving online file sharing via file hosting services. The safe harbor rules in the U.S. Digital Millennium Copyright Act (here after “DMCA”) §512(c) provide a certain amount of protection for contributory infringers, such as file hosting service providers, as long as certain conditions are met. Although China has borrowed extensively from DMCA §512(c) in setting up its own safe harbor rules, their content and standard of review remain unclear, leading to inconsistencies in judgments. In this circumstance, this thesis tries to analysis each element of the safe …

Control Over Personal Data, Privacy And Administrative Discretion In Europe And The Usa: The Paradox Of Italian “Data Protection Authority”, 30 J. Marshall J. Info. Tech. & Privacy L. 721 (2014), Marco Quiroz Vitale

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato

UIC John Marshall Journal of Information Technology & Privacy Law

On December 15th, 2010, the Government of Canada agreed to Bill C-28, the Fighting Internet and Wireless Spam Act, with the intent to “deter the most damaging and deceptive forms of spam… from occurring in Canada and to help to drive out spammers.” Canada‟s Anti- Spam Legislation (“CASL”) was born. Although CASL has only been in force since July 1st, 2014, we argue that the Act may not survive constitutional scrutiny as it unduly restricts freedom of speech.

The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller

UIC John Marshall Journal of Information Technology & Privacy Law

The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …

The Right To Be Forgotten: Forced Amnesia In A Technological Age, 31 J. Marshall J. Info. Tech. & Privacy L. 133 (2014), Robert Bolton

UIC John Marshall Journal of Information Technology & Privacy Law

In the modern era, the connection between technology and one’s personal life has increased the number of moments recorded for posterity. While in many circumstances this is an ideal opportunity for fond recollection, it has the downside of displaying for others our less flattering moments. Because the Internet has such a wide scope, once something has entered its domain, it is virtually impossible to permanently remove. With a public increasingly perceiving this winnowing of privacy as a negative tendency, legislators both at home and abroad have made proposals that attempt to place restrictions on what content social media is allowed …

Eyes On The Road Program In Taiwan―Information Privacy Issues Under The Taiwan Personal Data Protection Act, 31 J. Marshall J. Info. Tech. & Privacy L. 145 (2015), Chen-Hung Chang

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Breach Notification Requirements Under The European Union Legal Framework: Convergence, Conflicts, And Complexity In Compliance, 31 J. Marshall J. Info. Tech. & Privacy L. 317 (2014), Samson Esayas

UIC John Marshall Journal of Information Technology & Privacy Law

The European Union (EU) legal landscape on data privacy and information security is undergoing significant changes. A prominent legislative development in recent years is the introduction of breach notification requirements within a number of regulatory instruments. In only the past two years, the Community legislator has adopted, and proposed, four different regulatory instruments containing breach notification requirements. There are also existing requirements for the telecom sector. This creates a complex mesh of regulatory frameworks for breach notification where different aspects of the same breach within the same company might have to be dealt with under different regulatory instruments, making compliance …

Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.

Journal of Business & Technology Law

No abstract provided.

Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney

Articles, Book Chapters, & Popular Press

Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

Articles

No abstract provided.

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, …

International Cryptography Regulation And The Global Information Economy, Nathan Saper

Northwestern Journal of Technology and Intellectual Property

With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.

This Note seeks to introduce the reader to the issue of international cryptography regulation …

A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden

Pace Intellectual Property, Sports & Entertainment Law Forum

The legal status of gaming activities on First Nations land within Canada is complicated. The foci of this paper are two-fold. First, we trace the origin and expansion of First Nations gaming. Second, we analyze the potential of First Nations as hubs for the growing global e-gaming industry, with an emphasis on Internet poker and online sports wagering. We conclude by positing that the Canadian regulatory scheme presents an opportunity to First Nations in connection with e-gaming.

In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang

Journal of the National Association of Administrative Law Judiciary

The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu

San Diego International Law Journal

This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …

International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala

Richmond Journal of Global Law & Business

No abstract provided.

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.