Internet Law Commons^™

The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley

Brooklyn Journal of International Law

In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …

The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan

American University National Security Law Brief

No abstract provided.

The Road To Artificial Super-Intelligence: Has International Law A Role To Play?, J.-G. Castel, Matthew E. Castel

Canadian Journal of Law and Technology

Part I of this article deals with the road to artificial general super-intelligence.

Part II addresses the controls, if any, that should be exercised over the production and use of partially or fully autonomous machines of artificial intelligence before and after they become super-intelligent. More particularly, should there be legal and ethical limits to their use and to what extent should international law play a role in this connection?

Book Review: Jonathan Clough, Principles Of Cybercrime, 2nd Ed (Cambridge: Cambridge University Press, 2015), Christopher D. Ram

Canadian Journal of Law and Technology

The past decade has seen an enormous explosion of scholarship on the subject of cybercrime, as technologies and offenders pose new challenges and law enforcement, government and academic experts struggle to keep up. The new, second edition of Professor Jonathan Clough’s book occupies a fairly substantial, but specific niche in this increasingly diverse and complex landscape. Principles of Cybercrime contains only a cursory review of the history and criminology of cybercrime, it does not deal at all with IT security, investigative or enforcement matters, and discussion of cybercrime as a global issue is limited to brief discussions of the 2001 …

Flying Robots And Privacy In Canada, Paul D.M. Holden

Canadian Journal of Law and Technology

Drones have been a hot topic in recent years particularly when used in war and in domestic police operations. Drones have also attracted attention because of highprofile plans to use them for package delivery, among other things. While the glamourous and future uses of drones catch media attention, drones are already being used in the private sector for more mundane purposes including surveying, infrastructure inspection and real estate sales promotion. While the privacy threats of military and police drones are widely discussed, privacy concerns of private drones have attracted much less consideration.

This paper looks at the privacy risks of …

Un Nouveau Code Pour Une Procédure Technologique: Mémento Pour Le Pr@Ticien, Antoine Guilman

Canadian Journal of Law and Technology

Table des matières

Introduction.................................................................................................. 18

I. La transmission technologique des actes de procédure ................................. 22

(a) Le dépôt technologique des actes de procédure ................................... 23

(i) Un régime légal inédit : les dispositions du NCPC...................... 23

(ii) Un régime réglementaire inexistant : l’exemple de la Cour fédérale ...................................................................................... 26

(b) La signification technologique des actes de procédure ......................... 28

(i) Le principe : la signification de main à main .............................. 29

(ii) L’exception : la signification technologique................................. 30

(c) La notification technologique des actes de procédure..........................35

(i) La notification par un moyen technologique .............................. 35

(ii) La notification par …

Minding The Gap: Why Or How Nova Scotia Should Enact A New Cyber-Safety Act - Case Comment On Crouch V. Snell, Jennifer Taylor

Canadian Journal of Law and Technology

Nova Scotia’s Cyber-safety Act was meant to fill a gap in the law. Where criminal charges and civil claims like defamation were unavailable or undesirable, the Act, it was hoped, would contain a substantive definition of cyberbullying, set out when it was actionable, and provide procedures for victims to obtain remedies. But the statute that was ultimately passed was too blunt a tool to address the problem, from both a substantive and a procedural perspective.

That helps explain why Justice McDougall of the Supreme Court of Nova Scotia struck down the entire statute as unconstitutional, in the recent case of …

Protecting The Privacy Of Canadians' Health Information In The Cloud, Adrian Thorogood, Howard Simkevitz, Mark Phillips, Edward S. Dove, Yann Joly

Canadian Journal of Law and Technology

This article presents results from a year-long research project reviewing health privacy issues in the cloud, funded by the Contributions Program of the Office of the Privacy Commissioner of Canada (OPC). Section I provides a brief primer on cloud computing and its applications in data-centric health research and health care. Section II reviews Canadian privacy and health privacy laws and how they apply to CSPs. Section III identifies privacy risks arising from the technological, organizational, and jurisdictional complexity of cloud computing. Section IV argues that Canadian health privacy laws fail to address difficulties custodians face in balancing responsibilities with CSPs, …

Liability For Mobile Health And Wearable Technologies, Lindsay Wiley, Nicolas Terry

Scholarly Articles in Law Reviews & Journals

Most of the legal commentary regarding mobile health has focused on direct regulation leveraging existing laws and regulators such as HIPAA privacy through HHS-OCR or device regulation by the FDA. However, much of the mobile health revolution likely will play out in lightly regulated spaces bereft of most of the privacy, security, and safety rules associated with traditional health care. This article examines the potential for common law liability models to bridge these gaps (even on a temporary basis). Part II of this paper provides an introduction to the terminology used, and presents a brief typology of the apps appearing …

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Faculty Articles

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.

Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute

Michigan Journal of International Law

The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Doj’S “All-Tools” Approach To Cyber And National Security, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …

Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage

Michigan Business & Entrepreneurial Law Review

Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus …

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Pepperdine Law Review

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications & Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …

Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey

Michigan Telecommunications & Technology Law Review

The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause. …

"Three Parent Babies": Techniques Explained, Objections Examined, Rebecca Carr

Canadian Journal of Law and Technology

The UK Parliament has approved regulations, which come into force in October 2015, that permit the use of new treatment techniques to prevent the transmission of serious mitochondrial diseases from women to their children. The introduction of these techniques—which are not currently carried out in any country in the world—will fly in the face of the opposition that has been raised since discussions to permit clinical applications of the techniques first arose. After outlining some background to the techniques, this article briefly examines three of the objections that have been made against them: that the safety and effectiveness of the …

Possession Of "Extreme" Pornography: Where's The Harm?, Jonathan Clough

Canadian Journal of Law and Technology

For decades, the traditional Western liberal approach to obscene material has been that while the availability of such material may be restricted, individuals are free to possess it so long as they do not distribute to others. Prior to the advent of the Internet, traditional means of control were effective in limiting the availability of such material. However, free of traditional restrictions the Internet allows easy access to a vast array of pornographic material, some of which challenges the most liberal of societies including images of child abuse, sexual violence, bestiality, and necrophilia.

In 2008, the UK became one of …

Leaving Dumb Phones Behind: A Commentary On The Warrantless Searches Of Smartphone Data Granted In R. V. Fearon, Jordan Fine

Canadian Journal of Law and Technology

Given the incredible rate of smartphone technological evolution, is it about time the Supreme Court of Canada devised a special test to give law enforcement agents significantly more power to search through phone data without a warrant upon arrest of a suspect? In R. v. Fearon, the majority did just that. But this article argues the opposite is true: the increasing potential for immense privacy infringements when police search powerful and constantly evolving technological devices demands a greater limitation to police powers.

In recent cases, the Supreme Court has agreed with the position that limitations are needed concerning computers. Additionally, …

Freedom Of Expression, Discrimination, And The Internet: Legislative Responses And Judicial Reactions, Talia Joundi

Canadian Journal of Law and Technology

In Part I of this article, I argue that cyber racism is inextricably linked with systemic discrimination. The definition of systemic discrimination relied on was first provided by Judge Abella in the Report of the Royal Commission on Equality in Employment (Abella Report), which states that systemic discrimination points to practices or attitudes that can result in inequality of opportunity for individuals or groups. The Supreme Court of Canada has since adopted this definition, and in some instances, has acknowledged that systemic problems require systemic remedies. The purpose of this discussion is to demonstrate how situating cyber racism within the …

International Law Enforcement Access To User Data: A Survival Guide And Call For Action, Kate Westmoreland, Gail Kent

Canadian Journal of Law and Technology

Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood. This article provides an overview of the current system for foreign governments seeking user data from US-based Internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.

Big Storms, Big Debt, And Biggery-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vasquez

Seattle Journal of Environmental Law

No abstract provided.