Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Computer Law (27)
- Intellectual Property Law (16)
- Privacy Law (14)
- International Law (13)
- Commercial Law (10)
-
- Comparative and Foreign Law (10)
- Tax Law (10)
- Entertainment, Arts, and Sports Law (8)
- First Amendment (8)
- Taxation-State and Local (8)
- Science and Technology Law (7)
- Gaming Law (5)
- International Trade Law (5)
- Law and Society (5)
- Antitrust and Trade Regulation (4)
- Communications Law (4)
- Constitutional Law (4)
- Consumer Protection Law (4)
- Criminal Law (4)
- European Law (4)
- Fourth Amendment (4)
- Criminal Procedure (3)
- Family Law (3)
- Human Rights Law (3)
- Juvenile Law (3)
- Transnational Law (3)
- Administrative Law (2)
- Advertising and Promotion Management (2)
- Keyword
-
- Internet (8)
- Privacy (7)
- Copyright (6)
- Blockchain (4)
- Social media (4)
-
- AI (3)
- Cybercrime (3)
- Technology (3)
- YouTube (3)
- Antigua (2)
- Artificial Intelligence (2)
- Berne Convention (2)
- Computer Fraud and Abuse Act (2)
- Cyberspace (2)
- Data privacy (2)
- Digital Millennium Copyright Act (2)
- EU (2)
- Electronic Commerce (2)
- European Union (2)
- First Amendment (2)
- Germany (2)
- Google (2)
- Inc. (2)
- Intellectual property (2)
- Intimate partner violence (2)
- Liability (2)
- Online gambling (2)
- Stalking (2)
- TRIPS (2)
- Twitter (2)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 80
Full-Text Articles in Internet Law
Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright, Abbey Brantley
Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright, Abbey Brantley
Georgia Journal of Law & Technology
Over the past decade, social media has enabled an increasing number of people to pursue influencing as a full-time career on platforms such as TikTok, Instagram, and YouTube. To succeed commercially, these creators make repeated stylistic choices that both conform to online trends and project a carefully curated persona. As these personae become profitable, however, they also become susceptible to imitation. This dynamic raises the question whether copyright law, specifically the doctrine of character copyright, can protect influencers from unauthorized copying of their online identities. This Note argues that influencer personae do not and should not qualify for such protection, …
Taxing Ai, Assaf Harpaz
Taxing Ai, Assaf Harpaz
Scholarly Works
Artificial intelligence (AI) is poised to transform the distribution and sources of income, with some experts predicting widespread job displacement. Even under optimistic projections, AI is expected to exacerbate wealth inequality, given that the technology’s ownership and immense value are concentrated within a subset of Big Tech companies and AI startups. These outcomes will have far-reaching impacts on the federal tax system, which heavily relies on taxing individual labor income and payroll, rather than capital or consumption.
This Article argues that AI threatens to disrupt the tax system’s ability to fulfill its fundamental goals of raising revenue, redistributing income, and …
Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk
Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk
Scholarly Works
This is an amicus curiae brief filed by Brian L. Frye, Jess Miers, and Mateusz Blaszczyk in support of ROSS Intelligence, Inc., arguing that Thomson Reuters's claim for copyright infringement should be dismissed.
Copyright Doctrine Before The Tribunal Of Science: A Response To Professor Silbey, Mateusz Blaszczyk
Copyright Doctrine Before The Tribunal Of Science: A Response To Professor Silbey, Mateusz Blaszczyk
Scholarly Works
In an important new Article, titled A Matter of Facts: The Evolution of the Copyright Fact-Exclusion and Its Implications for Disinformation and Democracy, Professor Jessica Silbey argues provocatively that we “‘only” know that facts are excluded from copyright protection because Feist Publications v. Rural Telephone Service “says so.” She argues that both the nature and importance of facts has been underdefined and is in flux, nonetheless tracing it to the foundational cases of United States (U.S.) copyright law, and argues for a stronger exclusion of facts, which are publici juris, and belong in the public domain. This central …
Decentralized Autonomous Organizations And Regulatory Competition: A Race Without A Cause, Mateusz Blaszczyk
Decentralized Autonomous Organizations And Regulatory Competition: A Race Without A Cause, Mateusz Blaszczyk
Scholarly Works
Several states have enacted specialized limited liability company legislation in an attempt to attract decentralized autonomous organizations. In this way, the regulatory competition debate surrounding states such as Wyoming, Tennessee, and Vermont, attempting to dethrone Delaware, has found a new battleground. According to Professor Lynn LoPucki, this will entail a regulatory race to the bottom, that is, a race to “laxity.” I disagree. In fact, deregulation has already been achieved in the traditional limited liability company form. The decentralized autonomous organization limited liability company is no laxer or more attractive to investors, who will likely prefer the traditional limited liability …
Section 230 Reform, Liberalism, And Their Discontents, Mateusz Blaszczyk
Section 230 Reform, Liberalism, And Their Discontents, Mateusz Blaszczyk
Scholarly Works
The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the …
Trustless Trust And Antitrust: A Synthesis, Mateusz Blaszczyk
Trustless Trust And Antitrust: A Synthesis, Mateusz Blaszczyk
Scholarly Works
Authors have written of antitrust law’s demise in the face of blockchain, which, seemingly, achieves the pro-competitive ends of the law through technology and private ordering. Permissionless blockchains in particular are said to offer a vision of radical disintermediation and a break with the platform economy troubling the regulators today. At the same time, blockchain supposedly presents challenges to antitrust doctrine, from the most basic of concepts to the viability of enforcement and remedies. Finally, blockchain community governance is said to allow for private ordering of antitrust, i.e., enforcement of rules attempting to protect competition, which are at the same …
All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous
All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous
Scholarly Works
Roughly half of Americans get some of their news from social media, and nearly two-thirds get some of their news from search engines. As our modern information gatekeepers, these internet companies bear a special responsibility to consider the impact of their platform and site policies on users’ access to high-quality news sources. They should adopt policies that clear the digital pathway between the public and press by facilitating such access. To that end, the companies must first, address the threshold issue of how best to identify high-quality news sources. This article examines factors that would be useful, drawing from legal …
Panel I: Cyber Regulation, Asaf Lubin, Gregory M. Dickinson, Thomas E. Kadri
Panel I: Cyber Regulation, Asaf Lubin, Gregory M. Dickinson, Thomas E. Kadri
Georgia Law Review Symposia
Panel discussion on cyber regulation with Professors Asaf Lubin, Indiana-Bloomington Law, and Gregory Dickinson, St. Thomas Law. Moderated by Georgia Law Professor Thomas Kadri.
Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp
Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp
Georgia Law Review
When the European Union’s (EU) General Data Protection Regulation (GDPR) passed in 2016, it represented the world’s first major comprehensive data privacy law and kicked off a conversation about how we think about the right to privacy in the modern age. The law granted a broad range of rights to EU citizens, including a right to have companies delete data they collect about you, a right not to have your personal information sold, and a range of other rights all geared towards individual autonomy over personal data. All the while, platform companies like Facebook (Meta), Apple, and Amazon have taken …
Brokered Abuse, Thomas E. Kadri
Brokered Abuse, Thomas E. Kadri
Scholarly Works
Data brokers are abuse enablers. These companies, which traffic information about people for profit, facilitate interpersonal abuse by making it easier to find and contact people. By thwarting people’s obscurity, brokers expose them to physical, psychological, financial, and reputational harm. To date, there have been four common legal responses to this situation: prohibiting abusive acts, mandating broker transparency, limiting data collection, and restricting data disclosure. Though these measures each have some merit, none is adequate, and several recent privacy laws have even made matters worse. Put simply, the current legal landscape is neither effective nor empathetic.
This Essay explores the …
All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham
Georgia Journal of International & Comparative Law
No abstract provided.
The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham
Georgia Journal of International & Comparative Law
No abstract provided.
The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson
The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson
Georgia Journal of International & Comparative Law
No abstract provided.
Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple
Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple
Georgia Journal of International & Comparative Law
No abstract provided.
Juridical Discourse For Platforms, Thomas E. Kadri
Juridical Discourse For Platforms, Thomas E. Kadri
Scholarly Works
Facebook founder Mark Zuckerberg has created a private “Supreme Court,” or so he says. Since 2021, his company’s Oversight Board has issued verdicts on a smattering of Facebook’s decisions about online speech. Cynics frame the Board as a Potemkin village, but defenders invoke analogies to separation of powers to claim that this new body empowers the public and restrains the company. Some are even calling for a single “platform supreme court” to rule over the entire industry.
Juridical discourse for platforms is powerful, but it can also be deceptive. This Response explores how juridical discourse has legitimized and empowered Facebook’s …
Big Tech In A Small Pond: How The Internet Economy Became So Concentrated And What Sector-Specific Regulation Can Do To Reel It In, Andy Wilson
Georgia Journal of Law & Technology
While the early days of the internet were marked by a proliferation of new internet platforms offering different services, over time much of the sector became dominated by the handful of internet giants we know today. Discomfort with the outsized role that these enormous companies play in the daily lives of billions has driven a growing consensus that they need to be reined in, culminating in federal and state agencies launching a slew of antitrust suits against Google and Facebook in late 2020. These renewed antitrust efforts will likely be insufficient to address competitive harms in the internet economy, given …
Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Private Lives At Home And Public Lives In Court: Protecting The Privacy Of Federal Judges' Home Addresses, Hannah Elias Sbaity
Private Lives At Home And Public Lives In Court: Protecting The Privacy Of Federal Judges' Home Addresses, Hannah Elias Sbaity
Georgia Journal of Law & Technology
Targeted murders of federal judges and their families at their private homes date back to May 29, 1979. Most recently, in July 2020, Judge Esther Salas’s only son, Daniel, was murdered and her husband near-fatally shot at their home. Individuals wishing to inflict such harm or death at federal judges’ homes have been able to do so because of federal judges’ publicly available home addresses. Because personally identifying information (PII) is defined differently from statute to statute, home addresses largely remain public information in most states and can be found in real estate records, data broker websites, social media platforms, …
Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick
Boss Battle: Twitch Vs Proposed Amendments To The Knowledge Standard Under The Digital Millennium Copyright Act, Zachary Messick
Georgia Journal of Law & Technology
Under the Digital Millennium Copyright Act (DMCA), indirect theories of liability such as vicarious liability and contributory infringement have been inconsistently applied, leading the Copyright Office to recommend lowering the knowledge standard and increasing potential liability for Online Service Providers (OSPs). In this note, I will discuss the histories of vicarious liability and contributory infringement, which demonstrate that courts have correctly applied the standards under the DMCA. Further, through a case-study of Twitch, an up-and-coming streaming website, I will discuss how the proposed amendments drive against the policies underlying the indirect theories of liability and would destroy OSPs like Twitch. …
A Deep Dive Into Technical Encryption Concepts To Better Understand Cybersecurity & Data Privacy Legal & Policy Issues, Anthony Volini
A Deep Dive Into Technical Encryption Concepts To Better Understand Cybersecurity & Data Privacy Legal & Policy Issues, Anthony Volini
Georgia Journal of Law & Technology
Lawyers wishing to exercise a meaningful degree of leadership at the intersection of technology and the law could benefit greatly from a deep understanding of the use and application of encryption, considering it arises in so many legal scenarios. For example, in FTC v. Wyndham1 the defendant failed to implement nearly every conceivable cybersecurity control, including lack of encryption for stored data, resulting in multiple data breaches and a consequent FTC enforcement action for unfair and deceptive practices. Other examples of legal issues requiring use of encryption and other technology concepts include compliance with security requirements of GLBA & HIPAA, …
Athens News Matters: Cyber Abuse And Intimate Partner Violence, Thomas E. Kadri
Athens News Matters: Cyber Abuse And Intimate Partner Violence, Thomas E. Kadri
Popular Media
No abstract provided.
Digital Gatekeepers, Thomas E. Kadri
Digital Gatekeepers, Thomas E. Kadri
Scholarly Works
If in William Blackstone's time we might have thought of a person's home as their castle, in Mark Zuckerberg's time we might say that their website is too. Under cyber-trespass laws like the Computer Fraud and Abuse Act, courts have treated online platforms as digital gatekeepers--as property owners that may permit and restrict access to websites much like landowners may do with private land in the real world. If platforms withhold their consent through words or inference, cyber-trespass laws let them enforce their preferences about who may access their services and gather information from the internet. Concerned about reputations and …
Blockchain Neutrality, Samuel N. Weinstein
Blockchain Neutrality, Samuel N. Weinstein
Georgia Law Review
Blockchain technology is transforming how markets work.
Blockchains eliminate the need for trusted gatekeepers like
banks to execute, verify, and record transactions. In the
financial markets, their disruptive potential threatens both
Wall Street banks and Silicon Valley venture capitalists. How
blockchain technology is regulated will determine whether it
encourages or inhibits competition. Some blockchain
applications present serious fraud and systemic risks,
complicating regulation. This Article explores the antitrust and
competition policy challenges blockchain presents and proposes
a regulatory strategy, modeled on Internet regulation and net
neutrality principles, to unlock blockchain’s competitive
potential. It contends that financial regulators should promote
blockchain …
Eu Crypto Currency Regulation: Creating A Haven For Businesses Or For Criminals?, Blake Hamil
Eu Crypto Currency Regulation: Creating A Haven For Businesses Or For Criminals?, Blake Hamil
Georgia Journal of International & Comparative Law
No abstract provided.
Morrison And Cryptocurrencies: Is It Time To Revisit The Extraterritorial Application Of Rule 10b-5?, Eleanor B. Eastham
Morrison And Cryptocurrencies: Is It Time To Revisit The Extraterritorial Application Of Rule 10b-5?, Eleanor B. Eastham
Georgia Journal of International & Comparative Law
No abstract provided.
Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson
Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
Why The Vppa And Coppa Are Outdated: How Netflix, Youtube, And Disney+ Can Monitor Your Family At No Real Cost, Anna O’Donnell
Why The Vppa And Coppa Are Outdated: How Netflix, Youtube, And Disney+ Can Monitor Your Family At No Real Cost, Anna O’Donnell
Georgia Law Review
Video-streaming services like Netflix, YouTube, and Disney+
dominate the current media landscape. This Note explains why
current laws likely cannot effectively prevent these streaming
services from collecting and sharing users’ private information.
The Video Privacy Protection Act (the VPPA) contains language
that has baffled courts when applying its text to streaming
services, resulting in multiple circuit splits. The Children’s
Online Privacy Protection Act (COPPA) has a clearer
application to streaming services, yet its enforcement has
resulted in small settlements with companies that have been
charged with collecting children’s private information. Both the
VPPA and COPPA need to be updated to …
Networks Of Empathy, Thomas E. Kadri
Networks Of Empathy, Thomas E. Kadri
Scholarly Works
Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.
Although law can be a powerful tool to regulate digital abuse, legal responses are …
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). …