Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (843)
- Schulich School of Law, Dalhousie University (293)
- Seattle University School of Law (229)
- Southern Methodist University (132)
- The Catholic University of America, Columbus School of Law (116)
-
- DePaul University (83)
- American University Washington College of Law (56)
- University of Michigan Law School (53)
- BLR (52)
- Brooklyn Law School (34)
- Yeshiva University, Cardozo School of Law (28)
- Texas A&M University School of Law (22)
- University of Colorado Law School (21)
- Boston University School of Law (18)
- Fordham Law School (18)
- Maurer School of Law: Indiana University (13)
- University of Maryland Francis King Carey School of Law (13)
- Columbia Law School (12)
- University of Miami Law School (12)
- New York Law School (11)
- Northwestern Pritzker School of Law (10)
- Washington and Lee University School of Law (10)
- Georgetown University Law Center (9)
- University of Minnesota Law School (9)
- University of Washington School of Law (9)
- William & Mary Law School (9)
- Case Western Reserve University School of Law (8)
- Singapore Management University (8)
- University of Oklahoma College of Law (8)
- Chicago-Kent College of Law (7)
- Keyword
-
- Privacy (97)
- Technology (95)
- Internet (83)
- Law and Technology (61)
- Science and Technology (59)
-
- Artificial intelligence (57)
- Copyright (48)
- AI (40)
- Regulation (36)
- Intellectual Property Law (35)
- Computer Law (30)
- Data (30)
- Intellectual property (28)
- Cybersecurity (27)
- Law (27)
- First Amendment (24)
- Social media (24)
- Law and Society (23)
- Information (19)
- Surveillance (19)
- Blockchain (17)
- Software (17)
- Communications Law (16)
- Data privacy (16)
- Law and Economics (16)
- Antitrust (15)
- Legislation (15)
- PIPEDA (15)
- Telecommunications (15)
- Constitutional Law (14)
- Publication Year
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (793)
- Canadian Journal of Law and Technology (272)
- Seattle University Law Review (216)
- SMU Science and Technology Law Review (129)
- Catholic University Journal of Law and Technology (114)
-
- DePaul Journal of Art, Technology & Intellectual Property Law (80)
- Faculty Scholarship (63)
- ExpressO (50)
- UIC Review of Intellectual Property Law (34)
- Publications (21)
- Articles, Book Chapters, & Popular Press (18)
- Cardozo Arts & Entertainment Law Journal (17)
- American University Law Review (16)
- Brooklyn Journal of Corporate, Financial & Commercial Law (16)
- Scholarly Articles in Law Reviews & Journals (16)
- Fordham Law Review (15)
- Michigan Law Review (13)
- Michigan Telecommunications & Technology Law Review (12)
- UIC Law Review (11)
- All Faculty Scholarship (10)
- Seattle Journal of Technology, Environmental, & Innovation Law (10)
- Georgetown Law Faculty Publications and Other Works (9)
- Journal of Business & Technology Law (9)
- Minnesota Journal of Law, Science & Technology (9)
- Articles (8)
- Faculty Articles (8)
- Journal of Law, Technology, & the Internet (8)
- Scholarly Works (8)
- Brooklyn Journal of International Law (7)
- Joint PIJIP/TLS Research Paper Series (7)
- Publication Type
- File Type
Articles 691 - 720 of 2288
Full-Text Articles in Internet Law
Upskirting, Bitcoin, And Crime, Oh My: Judicial Resistance To Applying Old Laws To New Crimes – What Is A Legislature To Do?, Michael Whiteman
Upskirting, Bitcoin, And Crime, Oh My: Judicial Resistance To Applying Old Laws To New Crimes – What Is A Legislature To Do?, Michael Whiteman
Indiana Law Journal
As technology continues to advance at a break-neck speed, legislatures often find themselves scrambling to write laws to keep up with these advances. Prosecutors are frequently faced with the prospect of charging a defendant with a crime based on an existing law that does not quite fit the circumstances of the defendant’s actions. Judges, cognizant of the fact that legislatures, and not the judiciary, have the primary responsibility for creating crimes, have pushed back. Judges routinely refuse to convict a defendant if the statute does not fairly criminalize the defendant’s actions. To determine if a defendant’s actions fit within a …
Breaking The Code: Cryptocurrency And Programming Proposal, Allan C. Hutchinson
Breaking The Code: Cryptocurrency And Programming Proposal, Allan C. Hutchinson
Articles & Book Chapters
The problem to be faced in regulating cryptocurrency is the general thrust of the ‘governance paradox’—how do you regulate an innovative scheme that demands some regulation in the public interest, when you know that any regulation will transform the very features of that scheme that not only makes it what it is, but also makes it especially useful and attractive to that same public? More specifically, how do you regulate an off-the-grid, decentralized and distributed scheme without making it into an on-the-grid, centralized and undistributed scheme? This is the challenge to be met in devising any kind of proposal to …
National Cybersecurity Innovation, Tabrez Y. Ebrahim
National Cybersecurity Innovation, Tabrez Y. Ebrahim
Faculty Scholarship
National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …
Politics Of Adversarial Machine Learning, Kendra Albert, Jonathon Penney, Bruce Schneier, Ram Shankar Siva Kumar
Politics Of Adversarial Machine Learning, Kendra Albert, Jonathon Penney, Bruce Schneier, Ram Shankar Siva Kumar
Articles, Book Chapters, & Popular Press
In addition to their security properties, adversarial machine-learning attacks and defenses have political dimensions. They enable or foreclose certain options for both the subjects of the machine learning systems and for those who deploy them, creating risks for civil liberties and human rights. In this paper, we draw on insights from science and technology studies, anthropology, and human rights literature, to inform how defenses against adversarial attacks can be used to suppress dissent and limit attempts to investigate machine learning systems. To make this concrete, we use real-world examples of how attacks such as perturbation, model inversion, or membership inference …
Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon Penney, Afsaneh Ragot, Ram Shankar Siva Kumar
Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon Penney, Afsaneh Ragot, Ram Shankar Siva Kumar
Articles, Book Chapters, & Popular Press
This paper critically assesses the adequacy and representativeness of physical domain testing for various adversarial machine learning (ML) attacks against computer vision systems involving human subjects. Many papers that deploy such attacks characterize themselves as “real world.” Despite this framing, however, we found the physical or real-world testing conducted was minimal, provided few details about testing subjects and was often conducted as an afterthought or demonstration. Adversarial ML research without representative trials or testing is an ethical, scientific, and health/safety issue that can cause real harms. We introduce the problem and our methodology, and then critique the physical domain testing …
Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn
Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn
Articles, Book Chapters, & Popular Press
Technology facilitated gender-based violence (TFGBV) is a complex worldwide phenomenon with devastating results. Research to date shows that victim-survivors of intimate partner violence are tracked by their abusive partners who use technology to monitor their movements and communication. Many women journalists, human rights defenders and politicians face daily death threats and rape threats for speaking out about equality issues or for simply being a woman in a leadership role. Those with intersecting marginalized identities are at specific risk, with Black, Indigenous, and people of colour, LGBTQ+ people, and people with disabilities facing higher rates of attacks and concerted attacks that …
Nascent Competitors, C. Scott Hemphill, Tim Wu
Nascent Competitors, C. Scott Hemphill, Tim Wu
Faculty Scholarship
A nascent competitor is a firm whose prospective innovation represents a serious threat to an incumbent. Protecting such competition is a critical mission for antitrust law, given the outsized role of unproven outsiders as innovators and the uniquely potent threat they often pose to powerful entrenched firms. In this Article, we identify nascent competition as a distinct analytical category and outline a program of antitrust enforcement to protect it. We make the case for enforcement even where the ultimate competitive significance of the target is uncertain, and explain why a contrary view is mistaken as a matter of policy and …
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr
Catholic University Journal of Law and Technology
In the Disney film Bambi, when the young rabbit Thumper says that Bambi “is kinda wobbly” and “doesn’t walk too good,” Thumper’s mother tells him “if you can’t say something nice, don’t say anything at all.” The Des Moines Register seems to have forgotten Thumper’s Rule when it uncovered Carson King’s teenage tweets and canceled the relationship he had built with Busch Light while raising $3 million for the Stead Family Children’s Hospital. #CancelCulture is a social media phenomenon, where some people use their voices to cancel the platform enjoyed by others. It is the 2019 equivalent of the …
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland
Catholic University Journal of Law and Technology
Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
SMU Science and Technology Law Review
No abstract provided.
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
SMU Science and Technology Law Review
With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
SMU Science and Technology Law Review
Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
SMU Science and Technology Law Review
No abstract provided.
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
SMU Science and Technology Law Review
No abstract provided.
Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.
Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.
SMU Science and Technology Law Review
No abstract provided.
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
SMU Science and Technology Law Review
No abstract provided.
The Promise And Limits Of Cyber Power In International Law: Remarks, Monica Hakimi, Ann Väljataga, Zhixiong Huang, Charles Allen, Sue Robertson, Doug Wilson
The Promise And Limits Of Cyber Power In International Law: Remarks, Monica Hakimi, Ann Väljataga, Zhixiong Huang, Charles Allen, Sue Robertson, Doug Wilson
Faculty Scholarship
Hi, everyone. I am Monica Hakimi from the University of Michigan Law School, and I would like to welcome you to our panel on cyber power and its limits. The topic almost does not need an introduction. We all know just from reading the news that our collective dependence on cyberspace is also a huge vulnerability, and state and non-state actors exploit this vulnerability to do one another harm. They use cyber technologies not just to spy on one another, but also, for example, to interfere in national elections, to steal trade secrets or other valuable information, to disrupt the …
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Publications
No abstract provided.
Welcome To Cordell Perspectives, Neil M. Richards, Jonathan W. Heusel
Welcome To Cordell Perspectives, Neil M. Richards, Jonathan W. Heusel
Scholarship@WashULaw
The world around us is changing. Let’s talk about it together. Introducing a series of articles and opinions by the world’s leading experts concerning COVID-19 as it relates to precision medicine and data privacy: Welcome to Cordell Perspectives.
Moderating Content Moderation: A Framework For Nonpartisanship In Online Governance, Edward Lee
Moderating Content Moderation: A Framework For Nonpartisanship In Online Governance, Edward Lee
American University Law Review
Internet platforms serve two important roles that often conflict. Facebook, Twitter, YouTube, and other internet platforms facilitate the unfettered exchange of free speech by millions of people, yet they also moderate or restrict the speech according to their “community standards,” such as prohibitions against hate speech and advocating violence, to provide a safe environment for their users. These dual roles give internet platforms unparalleled power over online speech—even more so than most governments. Yet, unlike government actors, internet platforms are not subject to checks and balances that courts or agencies must follow, such as promulgating well-defined procedural rules and affording …
Brief Fof The R Street Institutte, Public Knowledge, And The Niskanen Center As Amici Curiae In Support Of Petitioner, Charles Duan, Meredith F. Rose
Brief Fof The R Street Institutte, Public Knowledge, And The Niskanen Center As Amici Curiae In Support Of Petitioner, Charles Duan, Meredith F. Rose
Amicus Briefs & Court Filings
The Java SE declarations of this case are simply a language of commands. As an application programming interface, or API, they exhibit features common to any language: a structured vocabulary and grammatical syntaxes, which a computer system understands as instructions to perform predefined tasks. What Oracle accuses as infringement is “reimplementation,” namely the building of a system, in this case Google’s Android platform, that repurposes the same words and syntaxes of the Java declarations.
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer
Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer
Brooklyn Journal of Corporate, Financial & Commercial Law
Securities traders are currently competing to use Artificial Intelligence (A.I.) in order to make more profitable decisions in the marketplace. While A.I. provides superior abilities in recognizing market patterns, its complexity can obscure its decision-making process beyond human comprehension. Problematically, the current securities laws prohibiting manipulation of securities prices rest liability for violations on a trader’s intent. In order to prepare for A.I. market participants, both courts and regulators need to accept that human concepts of decision-making will be inadequate in regulating A.I. behavior. However, the wealth of case law in the market manipulation doctrine need not be cast aside. …
Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón
Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón
University of Miami Inter-American Law Review
Technology is changing our everyday lives at a faster rate every minute from artificial intelligence and medical advances in robotics to the upcoming self-driving cars. Every sector of our lives is being impacted, disrupted, and constantly altered by innovations, including our finances. In the developed markets, fintech, or financial technology, is the new and exciting area of product innovation for financial services. The innovations rely on the internet, blockchain technology, and the new and highly controversial digital currencies. Consequently, new digital platforms and mobile applications create new possibilities while being accessible to more people at a lower cost across borders. …
Ethical Hacking By Alana Maurushat, Laura Ellyson
Ethical Hacking By Alana Maurushat, Laura Ellyson
Canadian Journal of Law and Technology
Book Review of Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019).
Cda 230 For A Smart Internet, Madeline Byrd, Katherine J. Strandburg
Cda 230 For A Smart Internet, Madeline Byrd, Katherine J. Strandburg
Fordham Law Review
This Article analyzes CDA 230 liability in light of the evolution of smart services employing data-driven personalized models of user behavior. As an illustrative case study, we discuss discrimination claims against Facebook’s ad-targeting platform, relying on recent empirical studies5 and litigation documents for factual background.
Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Kristin Johnson, Frank Pasquale, Jennifer Chapman
Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Kristin Johnson, Frank Pasquale, Jennifer Chapman
Fordham Law Review
According to some futurists, financial markets’ automation will substitute increasingly sophisticated, objective, analytical, model-based assessments of, for example, a borrower’s creditworthiness for direct human evaluations irrevocably tainted by bias and subject to the cognitive limits of the human brain. However, even if they do occur, such advances may violate other legal principles.
Artificial Intelligence, Finance, And The Law, Tom C.W. Lin
Artificial Intelligence, Finance, And The Law, Tom C.W. Lin
Fordham Law Review
Artificial intelligence is an existential component of modern finance. The progress and promise realized and presented by artificial intelligence in finance has been thus far remarkable. It has made finance cheaper, faster, larger, more accessible, more profitable, and more efficient in many ways. Yet for all the significant progress and promise made possible by financial artificial intelligence, it also presents serious risks and limitations. This Article offers a study of those risks and limitations—the ways artificial intelligence and misunderstandings of it can harm and hinder law, finance, and society. It provides a broad examination of inherent and structural risks and …
Accountability Of Google And Other Businesses In Colombia: Personal Data Protection In The Digital Age, Maria P. Angel, Vivian Newman-Pont
Accountability Of Google And Other Businesses In Colombia: Personal Data Protection In The Digital Age, Maria P. Angel, Vivian Newman-Pont
Scholarly Works
In this document we analyze the privacy policies of 30 companies with data-driven business models that collect data in Colombia and identify practices that have not been sufficiently contemplated by the personal data protection regime currently applicable in our country. But what has been done in Colombia to guarantee these rights in the digital economy framework? In this document, we explore the degree of preparedness of our legal personal data protection regime and data protection authorities for tackling the risks that the digital era poses to different values and rights, thereby holding accountable the companies with data-driven business models (DDBM). …