Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (77)
- Intellectual Property Law (75)
- Computer Law (74)
- Privacy Law (64)
- First Amendment (35)
-
- Consumer Protection Law (30)
- Constitutional Law (25)
- Communications Law (24)
- Law and Society (24)
- Entertainment, Arts, and Sports Law (22)
- Banking and Finance Law (19)
- Commercial Law (19)
- International Law (19)
- Administrative Law (18)
- Business Organizations Law (18)
- Legislation (17)
- Torts (16)
- Jurisprudence (15)
- National Security Law (15)
- Civil Rights and Discrimination (14)
- Law and Economics (14)
- Civil Law (13)
- Fourth Amendment (13)
- Human Rights Law (13)
- Comparative and Foreign Law (12)
- Courts (12)
- Jurisdiction (12)
- Tax Law (12)
- Institution
-
- Brooklyn Law School (21)
- American University Washington College of Law (16)
- Schulich School of Law, Dalhousie University (12)
- Seattle University School of Law (12)
- Southern Methodist University (9)
-
- The Catholic University of America, Columbus School of Law (9)
- Maurer School of Law: Indiana University (7)
- New York Law School (7)
- University of Washington School of Law (7)
- Singapore Management University (6)
- Texas A&M University School of Law (6)
- Columbia Law School (5)
- DePaul University (5)
- University of Georgia School of Law (5)
- University of Miami Law School (5)
- Brigham Young University Law School (4)
- City University of New York (CUNY) (4)
- Georgetown University Law Center (4)
- Osgoode Hall Law School of York University (4)
- St. John's University School of Law (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Michigan Law School (4)
- Vanderbilt University Law School (4)
- Washington and Lee University School of Law (4)
- Fordham Law School (3)
- Loyola Marymount University and Loyola Law School (3)
- Mitchell Hamline School of Law (3)
- University of Colorado Law School (3)
- William & Mary Law School (3)
- Boston University School of Law (2)
- Keyword
-
- Privacy (20)
- Internet (14)
- First Amendment (13)
- Technology (13)
- Social media (12)
-
- Cybersecurity (10)
- Facebook (9)
- Artificial intelligence (8)
- Copyright (8)
- Surveillance (8)
- Data privacy (7)
- Blockchain (6)
- COVID-19 (6)
- Free speech (6)
- AI (4)
- California (4)
- Coronavirus (4)
- Cryptocurrency (4)
- Data (4)
- Data Privacy (4)
- Data protection (4)
- Ethics (4)
- Fourth Amendment (4)
- Internet Law (4)
- Internet law (4)
- Legislation (4)
- Regulation (4)
- Section 230 (4)
- Social Media (4)
- Twitter (4)
- Publication
-
- Brooklyn Journal of Corporate, Financial & Commercial Law (13)
- Faculty Scholarship (13)
- Canadian Journal of Law and Technology (9)
- Catholic University Journal of Law and Technology (9)
- Seattle University Law Review (9)
-
- SMU Science and Technology Law Review (8)
- Washington Journal of Law, Technology & Arts (7)
- DePaul Journal of Art, Technology & Intellectual Property Law (5)
- Intellectual Property Brief (5)
- BYU Law Review (4)
- Brooklyn Law Review (4)
- Centre for AI & Data Governance (2019-2025) (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Indiana Law Journal (4)
- Joint PIJIP/TLS Research Paper Series (4)
- NYLS Law Review (4)
- Open Educational Resources (4)
- Publications (4)
- Touro Law Review (4)
- Articles & Book Chapters (3)
- Articles by Maurer Faculty (3)
- Articles, Book Chapters, & Popular Press (3)
- Brooklyn Journal of International Law (3)
- Fordham Law Review (3)
- Georgia Journal of International & Comparative Law (3)
- Loyola of Los Angeles Law Review (3)
- Scholarly Articles in Law Reviews & Journals (3)
- St. John's Law Review (3)
- Vanderbilt Journal of Entertainment & Technology Law (3)
- American University Law Review (2)
- Publication Type
Articles 151 - 180 of 217
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 …
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
University of Arkansas at Little Rock Law Review
No abstract provided.
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 …
Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin
Articles by Maurer Faculty
תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …
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 …
Spyware Vs. Spyware: Software Conflicts And User Autonomy, James Grimmelmann
Spyware Vs. Spyware: Software Conflicts And User Autonomy, James Grimmelmann
Cornell Law Faculty Publications
No abstract provided.
Merging The Social And The Public: How Social Media Platforms Could Be A New Public Forum, Amélie P. Heldt
Merging The Social And The Public: How Social Media Platforms Could Be A New Public Forum, Amélie P. Heldt
Mitchell Hamline Law Review
No abstract provided.
The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney
The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney
Articles & Book Chapters
No abstract provided.
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 …
Cyberattacks And The Constitution, Matthew C. Waxman
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Publications
No abstract provided.
A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg
A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg
Faculty Scholarship
To a US appraiser, article 17 of the Digital Single Market Directive suggests the EU has learned from American mistakes (and from its own) in the allocation of internet intermediaries’ liability for hosting and communicating user-posted content. Before the DSM Directive, art. 14 of the 2000 eCommerce Directive set out a notice-and-takedown system very similar to the regime provided in 17 U.S.C. section 512(c). Both regimes replaced the normal copyright default, which requires authorization to exploit works, with a limitation on the liability of service providers who complied with statutory prerequisites. Because the limitation ensured that service providers would not …
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
Cybaris®
No abstract provided.
Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione
Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione
NYLS Law Review
No abstract provided.
Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane
Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane
NYLS Law Review
No abstract provided.
Cullinane V. Uber Technologies, Inc., Carly Schreiber
Cullinane V. Uber Technologies, Inc., Carly Schreiber
NYLS Law Review
No abstract provided.
Hargis V. Bevin, Gabriella Castellano