Internet Law Commons^™

An Empirical Examination Of Law Student Attitudes Toward Legal Writing With Generative Ai, Abigail L. Perdue

SMU Science and Technology Law Review

Amid mounting predictions that generative artificial intelligence (AI) will substantially disrupt legal education, legal writing professors grapple with how and when to integrate generative AI into the classroom. While some believe that it should be woven into existing courses and integrated across the curriculum, even in the first year, others contend that it is better reserved for discussion in upper-level courses dedicated to AI-assistance. Yet it remains unclear which approach will best prepare graduates for the modern practice of law. Indeed, some scholars caution that permitting law students to use generative AI to complete their legal writing coursework, particularly in …

Beyond Sharenting, Stacey B. Steinberg

UF Law Faculty Publications

Sharenting—the practice of parents sharing information about their children online—has become mainstream in American society. While most forms of sharenting may be considered benign or even beneficial, some parents harm or exploit their children when sharing online. For example, “mom-influencers” often violate their children’s privacy in their attempts to attract followers to their social media accounts. While traditional forms of parental sharing raise privacy concerns, we are only beginning to understand the dangers and impacts of widespread exposure of children on social media.

This Article is the first to propose a welfare model of child protection to address exploitative and …

Child Exploitation Through Online Sharing: “Sharenting” And The Role Of The Pediatric Provider, Stacey Steinberg, Cameron Rosenthal

UF Law Faculty Publications

The alarming trend of “sharenting” highlights the need for increased vigilance in protecting children from online exploitation. When parents share intimate details about children’s lives on social media, they may inadvertently expose them to danger. Pediatricians are equipped to safeguard children from parental abuse and neglect; however, they are less prepared to protect children from harm caused by parents online.

When parents exploit children on social media, pediatricians face challenges in protecting patients while also following laws that maintain parental autonomy. Using a child welfare framework, this article defines these online harms and proposes strategies for protecting children from exploitative …

State Ai Therapy Regulations – Analyzing The Illinois Wellness And Oversight For Psychological Resources Act, Natalie Browne

SMU Science and Technology Law Review

According to the Harvard Business Review, the top use case for generative artificial intelligence (AI) in 2025 was therapy and companionship. Accordingly, numerous “therapy-specific” AI tools have hit the market in recent years, vying to fill this growing need. However, individuals are also turning to generic large language models (LLMs), such as ChatGPT, to express their deepest anxieties, seek reassurance, and gather advice. While tech optimists assert that AI therapy tools will extend mental health treatment in care deserts, attention-grabbing headlines about such use cases have shattered communities and shocked legislatures. To address growing concerns about AI therapy, Illinois enacted …

Beyond Hipaa: The Ftc’S Expanding Role In Digital Health Privacy Enforcement, Sandhya Srinivasa

SMU Science and Technology Law Review

Consumer digital health platforms have become an increasingly prominent feature of modern health care, collecting and storing sensitive health information directly from users. Yet most of these applications operate outside the scope of the Health Insurance Portability and Accountability Act (HIPAA), creating a significant regulatory gap in the protection of personal health data. This case note examines how the Federal Trade Commission (FTC) has stepped into that gap by leveraging Section 5 of the FTC Act and the Health Breach Notification Rule (HBNR) to police privacy and data security practices among non-HIPAA-covered digital health platforms. Focusing on three landmark enforcement …

Hacking With Uncle Sam: Imagining A Public-Private Partnership For Active Cyber Defense, Jonathan Coleman

Catholic University Journal of Law and Technology

Federal law makes no distinction between "good" and "bad" hackers—the Computer Fraud and Abuse Act criminalizes hacking by a private citizen in any form. While an anti-hacking statute is necessary to deter and punish cybercrime, the current law prohibits private entities from "hacking back" or, more precisely, from engaging in active defensive measures in response to a cyberattack. If these measures were legalized, they could allow private entities to assist law enforcement and reduce the financial and reputational costs of a cyber incident. Absent a change in the law, private entities are dependent on law enforcement to provide active cyber …

Caught In The Web: The Resolution Of The Internet Service Provider Contributory Copyright Infringement Split, Olivia F. Johnson

Cybaris®

No abstract provided.

The Law And Ai As An “Apex Collaborator”: Legal Frameworks For Optimized Cooperation, David S. Filippi, Bill Tomlinson, Andrew W. Torrance

FIU Law Review

Law fundamentally exists to enable human cooperation, providing frameworks for everything from basic contracts to complex international agreements. As artificial intelligence systems grow more sophisticated, they may enable new ways that collaborative activity can occur. We posit the possibility of a new kind of AI entity: the “Apex Collaborator,” a computational system with capabilities for cooperation and partnership that are superior, in at least some ways, to those of humans. Just as apex predators shape the ecosystems in which they live through predation, Apex Collaborators would shape human-AI networks through their ability to enhance peaceful coexistence, collective problem-solving, and shared …

Blood Diamonds Of The Digital Age: The Need For Multi-Perspective Legislation On Cryptocurrency, Peter Derdzinski

Marquette Intellectual Property & Innovation Law Review

This comment examines how cryptocurrency is used in illicit cross-border transactions before examining some of the means currently employed to combat this criminal activity. Through analysis of the European Union’s Markets in Crypto-Assets (MiCA) regulations, this Comment proposes a multi-perspective approach for new legislation in the United States beyond the GENIUS Act of 2025. Specifically, this Comment argues that any new legislation needs to approach cryptocurrency as both a medium of exchange and as an investment vehicle or a store of value. Such legislation is necessary to create a trellis for cryptocurrency growth and to provide an organized approach for …

Obscurity And The Fallacy Of No Privacy In Public Information, Woodrow Hartzog

Faculty Scholarship

The main thesis of this chapter is that because there are so many different possible interpretations of ‘public information’, the concept cannot be used to justify data practices and surveillance without first articulating a more precise meaning that recognises what is at stake. By disposing of the myth that there is an objective and dispassionate concept of public information, judges and lawmakers can clear the way for information rules based on overt value choices. In short, if the concept of ‘public’ is going to shape people’s social and legal obligations, its meaning and neutrality should not be assumed.

My argument …

A Proposed Tort To Address The Negligent Enablement Of Cloud Data Breaches, Michael L. Rustad

American University Business Law Review

[INTRODUCTION] The term “cloud computing” means the remote storage of software applications, tools, and data accessed through the internet. Cloud customers enter into subscription agreements with providers who give 24/7, on-demand, as-needed access to software, storage, and networking services owned and managed by providers through a web browser. “Many businesses are transitioning to the cloud for data storage, remote work, and collaboration.” Cloud providers operate their software as a software-as-a-service (“SaaS”) model, under which customers pay a subscription fee to access the software. Netflix and Amazon Prime Video are examples of subscription services that deliver television programs and videos through …

Preserving Platform Innovation With A Narrow Exception: Section 230(C)(1) Immunity For Algorithmic Recommendations, John "Jack" Di Masi

American University Business Law Review

This Comment examines Section 230(c)(1)’s immunity for online platforms that use machine-learning algorithms to recommend third party content and proposes a narrow exception for truly “bad-actor” cases. It reviews Section 230’s text, as well as its early cases, showing that Congress intended broad protection for editorial functions such as content organization. It then traces how recommendation algorithms evolved and how courts treat algorithmic sorting as a neutral tool. This Comment addresses conflicting interpretations and defends broad immunity for routine curation. This Comment argues that immunity should be stripped only after a balancing test under a three-factor “bad-actor” framework—one that evaluates …

Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd

The Guardianship Journal

Artificial intelligence (AI) represents a transformative technological advancement with the potential to yield extraordinary societal benefits while simultaneously introducing significant potential harms to individuals, governments, and society. The adoption of AI has outpaced the ability of society to collectively and cohesively respond through the implementation of adequate regulatory guardrails. While AI presents novel benefits and challenges, the broader dynamic of responding to new, uncharted technologies has historical precedence. The article's methodological approach employed empirical research using law articles and policies. As such, the article explores the benefits, challenges, and actual or potential harms in three business sectors: business and finance, …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

Tapping Out Of The Wiretap: Whether Consumers Have A Reasonable Expectation Of Privacy Against Internet Tracking Technology, Ashley Faranesh

Brooklyn Journal of Corporate, Financial & Commercial Law

The California Invasion of Privacy Act (CIPA), a statute born in an era of rotary phones and analog surveillance, is now at the heart of a legal crisis over internet tracking and privacy. Plaintiffs have increasingly weaponized the CIPA against online businesses that use standard Web-tracking tools, triggering a wave of litigation that stretches the statute far beyond its intended purpose. This Note argues that such application misreads the legislative intent behind the CIPA and risks destablizing core structures of the internet economy and financially crippling online businesses. Courts applying literal interpretations are undermining the CIPA’s purpose by conflating commonplace …

Frankenstein Sinatra: The Argument For A Federal Postmortem Right Of Publicity In The Ai-Era, Ian Samide

Brooklyn Journal of Corporate, Financial & Commercial Law

Artificial Intelligence has fundamentally revolutionized the way media is generated and presents new and unique threats to the right of publicity. By enabling users to create high-quality, realistic deep fakes of individuals’ voices, images, or likenesses, Artificial Intelligence has created novel risks to the right of publicity. Additionally, right of publicity is currently governed by state law. This system is proving to be flawed in the internet age, as content is rarely confined to a single jurisdiction, resulting in unpredictability and juridical disputes. This note argues that a federal right of publicity is necessary to regulate Artificial Intelligence effectively and …

Control As A Constitutional Threshold: Moody V. Netchoice And The Case For Human Authorship, Giselle Goad

Northwestern University Law Review

The Supreme Court’s 2024 decision in Moody v. NetChoice, LLC left a critical question unanswered: when do algorithmic outputs on social media platforms, such as recommended posts and videos, constitute the platform’s protected speech under the First Amendment? This Note contends that courts and litigants should borrow from the First Amendment’s speech-promoting partner, copyright law, and its authorship framework when answering that question. Copyright doctrine has already begun to grapple with how much human control is required over expressive outputs generated with the aid of technology, including AI, in order for an author to receive copyright protection over those outputs. …

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Cover Page & Table Of Contents - Volume 23

Journal of Legal Studies in Business

JLSB vol. 23 Title Page & Table of Contents

Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses

Journal of Legal Studies in Business

No abstract provided.

Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law

Journal of Legal Studies in Business

No abstract provided.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani

Indian Journal of Law and Technology

No abstract provided.

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

Table Of Contents

Seattle University Law Review

Table of Contents

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …