Internet Law Commons^™

Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones

Georgia State University Law Review

Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.

Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls and reaching directly …

Keynote Address: The Digital Forevermore, Thomas J. Ridge

University of Richmond Law Review

No abstract provided.

Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott

University of Richmond Law Review

The purpose of this article is to explore the threats posed by

cybersecurity breaches, outline the steps taken by the government

to address those threats in the private sector economy, and

call attention to the ultimate solution, which will most certainly

spur private businesses to create a more secure cyber environment

for the American people-a Connie Francis-styled cyber civil

action lawsuit.

Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law's Need To Evolve, Justin Hill

University of Richmond Law Review

No abstract provided.

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams

University of Richmond Law Review

No abstract provided.

Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King

William & Mary Law Review

No abstract provided.

Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon

Fordham Law Review

Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

User "Safer Harbor" From Statutory Damages: Remixing The Doc's Ip Task Force White Paper, Tonya M. Evans

San Diego Law Review

In Safe Harbor for the Innocent Infringer in the Digital Age (Safe Harbor), I argued that certain classes of direct innocent infringers of copyright—namely, accidental and mea culpa infringers—should be afforded safe harbor from liability in light of current accepted online practices of users deemed essential for the proper functioning and progress of the Internet and digital technology. I offered a statutory amendment to Section 512 of the Copyright Act, one that would apply specifically to direct users and protect them in ways similar to the protections currently available to online service providers. In this Article, I approach the same …

Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones

Duke Law & Technology Review

Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums calling into question who may control speech and forecast its impact, the circuit courts have granted public schools broad authority to monitor, and punish, their students for online activity that occurs off-campus. The Supreme Court recently declined the opportunity to reverse this disturbing trend by denying certiorari for Bell v. Itawamba County. As a result, questions remain unanswered regarding students’ right to free …

Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies

Life of the Law School (1993- )

No abstract provided.

The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio

William & Mary Business Law Review

States have reacted to the rise of Internet commerce as any governmental body would, with a “hungry eye” for increased tax revenue. Despite the Supreme Court’s holding in Quill, and constitutional limitations on state tax jurisdiction, states have developed their own nexus statutes that run afoul of the Court’s bright-line physical presence rule. What is more, “brick and mortar” establishments interested in “leveling the playing field” with their high-tech competition wholeheartedly support the states in their endeavor. In proposing the Marketplace Fairness Act (MFA), a bill intended to restore state sovereignty regarding sales and use tax laws, Congress too has …

Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell

Georgetown Law Faculty Publications and Other Works

This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.

Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids app …

Scientists & Librarians Turn To “End Of Presidential Term” Web Archive To Safeguard Climate Change Data, Alyssa S. Rosen

Elisabeth Haub School of Law Faculty Publications

In anticipation of president-elect Donald Trump’s taking office, scientists have been working round the clock to safeguard federal government climate change data. Many academics and librarians share the concern that federal .gov climate data and information, for example from the EPA and NOAA websites, will be lost or become unavailable with the transition to the new administration. Fact is, a large percentage of information on federal government servers, including digital federal records, reports, and research, is not protected by any law or agency mandate, and can vanish within days of the arrival of a new president.

Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton

Catholic University Journal of Law and Technology

This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing an …

Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano

Catholic University Journal of Law and Technology

No abstract provided.

How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs

Catholic University Journal of Law and Technology

This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.

Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin

Catholic University Journal of Law and Technology

No abstract provided.

Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland

Catholic University Journal of Law and Technology

No abstract provided.

Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones

Catholic University Journal of Law and Technology

No abstract provided.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

The Territorialization Of The Internet Domain Name System, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented her paper, “The Territorialization of the Internet Domain Name System" at the 17th Annual Intellectual Property Scholars Conference held at Cardozo School of Law in New York, New York, on August 11, 2017. The presentation was one of four in a session devoted to International Trademark & Design Protection.

Abstracts and information about other sessions at the conference are available on the Intellectual Property Scholars Conference website.

Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Automated Public Sphere, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

The Middleman - Intermediary Liability: United States, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble appeared on a panel at the 120th International Association for the Protection of Intellectual Property World Conference hosted in Sydney, Australia on October 16, 2017. This panel session discussed intermediary liability in the digital world in key jurisdictions, including the availability of site blocking injunctions and address the practical effects and inherent limitations of such injunctions in the digital era.

Právní Otázky Geoblokingu ("Legal Issues Of Geoblocking"), Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented on the topic of geoblocking and related legal issues for The International Literary and Artistic Association (ALAI) on June 9, 2017 in Prague, Czech Republic.

Session On "Geoblocking Tools And The Law" At Law, Borders, And Speech Conference At Stanford Law School, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble appeared on a panel at the Law, Borders, and Speech Conference hosted by The Center for Internet and Society at Stanford Law School on October 24, 2016. The session defined and discussed geoblocking and its implications for internet users, government, and private companies.

A video of the session is available here. Additionally, Professor Trimble's presentation is available here.

When Punches Fly In Cyberspace, Singapore Management University

Research@SMU: Connecting the Dots

Professor Gary Chan examines how legal practice has changed in response to the Internet and technology.

See his papers:

• Case Comment: Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another [2015] SGHC 38
• Reputation and defamatory meaning on the Internet: Communications, contexts and communities;
• Defamation via hyperlinks: More than meets the eye

See his books:

• Tort of defamation before the Singapore Courts, 1965-2015: A comparative and empirical study
• The law of torts in Singapore
• Ethics and social responsibility: Asian and Western perspectives
• The legal system of Singapore: Institutions, principles and practices