Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Computer Law (180)
- Intellectual Property Law (129)
- Science and Technology Law (128)
- Privacy Law (126)
- Constitutional Law (98)
-
- International Law (98)
- Contracts (95)
- Law and Politics (93)
- Human Rights Law (91)
- Banking and Finance Law (89)
- Law and Economics (89)
- Supreme Court of the United States (88)
- Business Organizations Law (87)
- Administrative Law (86)
- State and Local Government Law (86)
- Civil Law (85)
- Conflict of Laws (85)
- Government Contracts (84)
- International Trade Law (84)
- Torts (84)
- Legislation (83)
- Organizations Law (83)
- Tax Law (83)
- Criminal Law (82)
- Taxation-Federal (81)
- Taxation-Federal Estate and Gift (81)
- Taxation-Transnational (81)
- Courts (80)
- Institution
-
- Seattle University School of Law (44)
- Universitas Indonesia (42)
- Schulich School of Law, Dalhousie University (19)
- University of Washington School of Law (18)
- DePaul University (17)
-
- Southern Methodist University (17)
- The Catholic University of America, Columbus School of Law (13)
- Pepperdine University (10)
- American University Washington College of Law (9)
- Brooklyn Law School (9)
- Texas A&M University School of Law (8)
- University of Florida Levin College of Law (8)
- University of Michigan Law School (6)
- William & Mary Law School (6)
- Maurer School of Law: Indiana University (5)
- Osgoode Hall Law School of York University (5)
- Brigham Young University Law School (4)
- Duquesne University (4)
- University of Georgia School of Law (4)
- Fordham Law School (3)
- Marquette University Law School (3)
- Northwestern Pritzker School of Law (3)
- The University of Akron (3)
- Washington University in St. Louis (3)
- Association of Arab Universities (2)
- Boston University School of Law (2)
- National Law School of India University (2)
- St. John's University School of Law (2)
- University of Colorado Law School (2)
- University of Miami Law School (2)
- Keyword
-
- Technology (17)
- Privacy (16)
- Social media (13)
- AI (11)
- Artificial intelligence (11)
-
- Internet (10)
- Section 230 (10)
- Blockchain (9)
- Communications Decency Act (7)
- Cybersecurity (7)
- Cryptocurrency (6)
- NFTs (6)
- Social Media (6)
- Algorithmic management (5)
- Content moderation (5)
- First Amendment (5)
- Intellectual Property (5)
- Law (5)
- Bitcoin (4)
- Copyright (4)
- Crypto (4)
- Cryptocurrencies (4)
- Data privacy (4)
- Facebook (4)
- GDPR (4)
- Innovation (4)
- National security (4)
- Regulation (4)
- Algorithms (3)
- Artificial Intelligence (3)
- Publication
-
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (39)
- Seattle University Law Review (33)
- Canadian Journal of Law and Technology (19)
- SMU Science and Technology Law Review (17)
- Catholic University Journal of Law and Technology (13)
-
- Faculty Scholarship (13)
- DePaul Business & Commercial Law Journal (11)
- Seattle Journal of Technology, Environmental, & Innovation Law (11)
- Washington Journal of Law, Technology & Arts (11)
- UF Law Faculty Publications (8)
- Articles & Book Chapters (5)
- Brooklyn Journal of International Law (5)
- Joint PIJIP/TLS Research Paper Series (5)
- DePaul Journal of Art, Technology & Intellectual Property Law (4)
- Duquesne Law Review (4)
- Akron Law Review (3)
- Articles (3)
- Fordham Law Review (3)
- Northwestern Journal of Technology and Intellectual Property (3)
- Pepperdine Dispute Resolution Law Journal (3)
- Pepperdine Law Review (3)
- Popular Media (3)
- Scholarship@WashULaw (3)
- The Journal of Business, Entrepreneurship & the Law (3)
- American University National Security Law Brief (2)
- Articles by Maurer Faculty (2)
- BYU Law Review (2)
- Brigham Young University Journal of Public Law (2)
- Brooklyn Law Review (2)
- Court Briefs (2)
- Publication Type
Articles 241 - 270 of 301
Full-Text Articles in Internet Law
Hub-And-Spoke Conspiracies: Can Big Data And Pricing Algorithms Form The Rim?, Bradley C. Weber
Hub-And-Spoke Conspiracies: Can Big Data And Pricing Algorithms Form The Rim?, Bradley C. Weber
SMU Science and Technology Law Review
A hub-and-spoke conspiracy is a metaphor used to describe an antitrust cartel that includes a firm at one level of a supply chain—such as a buyer or supplier—who acts like the “hub” of a wheel. Vertical agreements up or down the supply chain act as the “spokes,” and a horizontal agreement among the spokes acts as the “rim” of the wheel. Courts have considered hub-and-spoke conspiracies for more than eighty years, and there is large body of case law that pertains to the evidence that is necessary for proving this type of antitrust conspiracy.
With the rise of modern digital …
Employee Monitoring: As Technology Advances Yet The Electronic Communications Privacy Act Stays In The Past, Isabela Possino
Employee Monitoring: As Technology Advances Yet The Electronic Communications Privacy Act Stays In The Past, Isabela Possino
SMU Science and Technology Law Review
Since the Electronic Communications Privacy Act of 1986 was enacted, the United States has endured an evolution of technology. While progressive at its inception, the ECPA has since been met with a tumultuous response from scholars, courts, and others trying to understand its purpose and application regarding privacy rights and the monitoring of communications. Specifically, since the COVID-19 pandemic, the ECPA has remained at the forefront of debate with respect to employee monitoring and surveillance practices. This article provides an overview of the ECPA and explains why today’s technological advancements have surpassed the protections afforded by the Act, leaving employees …
Preventing Intimate Image Abuse Via Privacy-Preserving Credentials, Janet Zhang, Steven M. Bellovin
Preventing Intimate Image Abuse Via Privacy-Preserving Credentials, Janet Zhang, Steven M. Bellovin
SMU Science and Technology Law Review
The problem of non-consensual pornography (“NCP”), sometimes known as intimate image abuse or revenge porn, is well known. Despite its distribution being illegal in most states, it remains a serious problem, if only because it is often difficult to prove who uploaded the pictures. Furthermore, the Federal statute commonly known as Section 230 generally protects Internet sites, such as PornHub, from liability for content created by their users; only the users are liable, not the sites.
One obvious countermeasure would be to require Internet sites to strongly authenticate their users, but this is not an easy problem to solve. Furthermore, …
Revolutionizing Justice: Unleashing The Power Of Artificial Intelligence, Samuel D. Hodge Jr.
Revolutionizing Justice: Unleashing The Power Of Artificial Intelligence, Samuel D. Hodge Jr.
SMU Science and Technology Law Review
The practice of law is changing, and most lawyers are unprepared for this metamorphosis. This statement is not an exaggeration but the acknowledgment that artificial intelligence (“AI”) has altered the way lawyers do business. Instead of having a “battle of forms,” attorneys will now be confronted with the “battle of computers.” Linking artificial intelligence and the law, however, is a natural progression. Both operate in similar fashions: each examines and applies “historical examples in order to infer rules to apply to new situations.”
While many attorneys are unsure how to integrate this new technology into their practices, they already use …
Cryptocurrency’S Clash With Bankruptcy: Insolvent Crypto Exchange Companies Create Difficulties For Courts & Customers, Mary Taylor Stanberry
Cryptocurrency’S Clash With Bankruptcy: Insolvent Crypto Exchange Companies Create Difficulties For Courts & Customers, Mary Taylor Stanberry
SMU Science and Technology Law Review
This comment explores the novelty of cryptocurrency, its legal ambiguity in the realms of securities, property, and tax law, and the difficulties arising from insolvent crypto-exchange company’s estates within the context of the United States Bankruptcy Code. For the purposes of this comment, individuals who invested in crypto-exchange platforms will be referred to as “customers” rather than “investors” to avoid potential confusion in the context of 11 U.S.C. § 507 of the Bankruptcy Code. Customers who invested with insolvent crypto-exchange companies are concerned about being last in line for repayment of their investments based on traditional bankruptcy creditor priority. These …
Tiktok’S Fall From Grace: How Growing Security Concerns In Chinese Technology Affect U.S. Courts And Presidential Successors, Madeline Cartwright
Tiktok’S Fall From Grace: How Growing Security Concerns In Chinese Technology Affect U.S. Courts And Presidential Successors, Madeline Cartwright
SMU Science and Technology Law Review
In recent years, the United States government has warned that China may use Chinese companies as a vehicle for infiltrating American data security. The U.S. first acted on this warning in 2017 when it effectively banned Huawei—one of the world’s largest telecom companies—from the U.S. market. Then-president Donald Trump subsequently turned the controversy to the popular social media app, TikTok, in an attempted ban over alleged privacy issues. Personal data collection and the legal implications behind trying to ban China-linked apps is an increasingly controversial topic in American politics. This article assesses the lawsuits following these groundbreaking governmental movements, including …
Cheap Speech And The Gordian Knot Of Defamation Reform, Lyrissa Barnett Lidsky
Cheap Speech And The Gordian Knot Of Defamation Reform, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This article addresses the complex past and uncertain future of defamation law in order to evaluate complaints lodged against it by critics, including—most notably—U.S. Supreme Court Justices Clarence Thomas and Neil Gorsuch. The article describes how statutory and constitutional reforms have altered the legal landscape of defamation law over the past half-century and explains why the common law has played a less prominent role. The article then assesses the criticisms of Justices Thomas and Gorsuch, finding them to rest on flawed understandings of how today’s defamation law operates. After identifying barriers to reform, the article offers a prescription to modernize …
Authorbots, Derek E. Bambauer, Mihai Surdeanu
Authorbots, Derek E. Bambauer, Mihai Surdeanu
UF Law Faculty Publications
ChatGPT has exploded into the popular consciousness in recent months, and the hype and concerns about the program have only grown louder with the release of GPT-4, a more powerful version of the software. Its deployment, including with applications such as Microsoft Office, has raised questions about whether the developers or distributors of code that includes ChatGPT, or similar generative pre-trained transformers, could face liability for tort claims such as defamation or false light. One important potential barrier to these claims is the immunity con-ferred by 47 U.S.C. § 230, popularly known as “Section 230.” In this Essay, we make …
Background And Implications Of China's Central Bank Digital Currency: E-Cny, Jiaying Jiang, Karman Lucero
Background And Implications Of China's Central Bank Digital Currency: E-Cny, Jiaying Jiang, Karman Lucero
UF Law Faculty Publications
The People’s Republic of China is a leading experimenter in central bank digital currencies (CBDCs). This Article explores the current background, deployment, features, potential impacts, challenges, and legal concerns of China’s CBDC: the electronic yuan, or E-CNY. This Article explains the potential significance of what is known and not known about E-CNY with a particular focus on how E-CNY might fit into existing legal and economic systems, both within China and internationally. On the surface, E-CNY looks transformative. When you dig a little deeper, however, most of the potential changes or transformations turn on broader institutional, political, and legal changes …
Privacy Implications Of Central Bank Digital Currencies, Jiaying Jiang
Privacy Implications Of Central Bank Digital Currencies, Jiaying Jiang
UF Law Faculty Publications
One hundred thirty-one countries, representing over 98 percent of the global gross domestic product (GDP), are currently exploring central bank digital currencies (CBDCs), a new form of digital money that is different from privately issued cryptocurrencies and stablecoins. As central banks worldwide grapple with CBDC design options, privacy has become a critical feature and concern. Many central banks, government agencies, nongovernmental organizations (NGOs), think tanks, and even the general public have underscored the importance of privacy in CBDC systems. Moreover, a diverse group of economists, computer scientists, engineers, and legal scholars have embarked on crafting privacy-preserving CBDC designs.
But two …
Exploring Parents' Knowledge Of Dark Design And Its Impact On Children's Digital Well-Being, Claire Bessant, Luei Lin Ong, Laurel Aynne Cook, Mariea Grubbs Hoy, Beatriz Pereira, Alexa Fox, Emma Nottingham, Stacey Steinberg, Pingping Gan
Exploring Parents' Knowledge Of Dark Design And Its Impact On Children's Digital Well-Being, Claire Bessant, Luei Lin Ong, Laurel Aynne Cook, Mariea Grubbs Hoy, Beatriz Pereira, Alexa Fox, Emma Nottingham, Stacey Steinberg, Pingping Gan
UF Law Faculty Publications
Dark design (also known as deceptive design; Colin et al., 2018 and dark patterns; Mathur et al., 2019) is evidenced by “a user interface carefully crafted to trick users into doing things they might not otherwise do” (Brignull, 2022; page 1). Much dark design is constructed with monetization as the primary goal- even in spaces without ecommerce design (e.g., free-to-play apps representing >95% of all mobile apps; Fitton et al. 2021). Many recent dark design strategies are also oriented towards collecting user information. Concerns about children’s vulnerability to inappropriate online marketing and economic fraud, and the impact of organisational data …
Negligent Ai Speech: Some Thoughts About Duty, Jane R. Bambauer
Negligent Ai Speech: Some Thoughts About Duty, Jane R. Bambauer
UF Law Faculty Publications
Careless speech has always existed on a very large scale. When people talk, they often give bad advice or wrong information, and occasionally this leads the listener to act in a way that causes physical harm. The scale was made more visible by the public Internet as the musings and conversations of billions of participants became accessible and searchable to all. This dynamic produced a set of tort and free speech principles that we have debated and adjusted to over the last three decades.
AI speech systems bring a new dynamic. Unlike the disaggregated production of misinformation in the Internet …
Introduction: The Risk Of Digitalization: Transforming Government Into A Digital Leviathan, Jose Vida Fernandez
Introduction: The Risk Of Digitalization: Transforming Government Into A Digital Leviathan, Jose Vida Fernandez
Indiana Journal of Global Legal Studies
This paper provides an overview of the threats posed by digitalization, particularly with regard to the public sector. It starts by describing digital risks as true global risks and argues that their scope and severity have not been recognized until now. The most well-known challenges come from the transformation of the private sector (economy, society, and individuals) and the emergence of large private powers that dominate the digital environment (digital feudal lord). However, there are even greater challenges coming from the digitization of government, creating almighty public bodies detached from laws that kept them locked until now.
Reckless Associations, Jane R. Bambauer, Saura Masconale, Simone M. Sepe
Reckless Associations, Jane R. Bambauer, Saura Masconale, Simone M. Sepe
UF Law Faculty Publications
This Article provides a theoretical foundation and practical guide for a new form of liability that has proven necessary in the Internet era: the tort of Reckless Association. This tort would hold de facto leaders of informal networks responsible when radicalized members of the network cause physical harm to others. Recent prosecutions of the leaders of the Oath Keepers and other white supremacists who organized the Charlottesville protest, and rumblings of a similar prosecution against Donald Trump, demonstrate that there is a public appetite for this form of legal responsibility. To date, these prosecutions proceed on theories of incitement or …
Ai Regulation In Health Care: How Washington State Can Conquer The New Territory Of Ai Regulation, Natalie Shen
Ai Regulation In Health Care: How Washington State Can Conquer The New Territory Of Ai Regulation, Natalie Shen
Seattle Journal of Technology, Environmental, & Innovation Law
- The use of artificial intelligence both generally and in the health care field has exploded over the last decade. AI is now used in the health care field in areas like disease diagnostics, patient engagement, and administrative tasks. In disease diagnostics specifically, AI is being used to make life-altering diagnoses. This technology, however, does not come without its risks. Specifically, inherent bias is deeply rooted in the AI algorithms. This is because humans are inherently bias, and humans are the people creating the AI algorithms. The problem is, however, is that there are no federal regulations to mitigate the risks …
Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni
Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni
Seattle University Law Review
There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.
This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …
“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki
“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki
Seattle University Law Review
On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …
The Policy Origins Of Wi-Fi, John Blevins
The Policy Origins Of Wi-Fi, John Blevins
Indiana Law Journal
Wi-Fi technology has become a necessary foundation of modern economic and cultural life. This Article explains its history. Specifically, it argues that Wi-Fi owes its existence and widespread adoption to federal policy choices that have been underexplored in the literature. Wi-Fi’s development is often portrayed as an unexpected and lucky accident following the FCC’s initial decision in the 1980s to allow more unlicensed and experimental uses. This view, however, obscures the more fundamental role that federal policy played. For one, the rise of modern Wi-Fi was the product of a series of policy decisions spanning decades. In addition, the FCC’s …
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Marquette Intellectual Property & Innovation Law Review
None
Floating Liens Over Crypto-In-Commerce, Christopher K. Odinet, Andrea Tosato
Floating Liens Over Crypto-In-Commerce, Christopher K. Odinet, Andrea Tosato
Faculty Scholarship
Commercial law and crypto are colliding. Against the backdrop of explosive growth (and discord) in the digital asset market, there has been a series of recent revisions to American commercial law aimed at addressing new and emerging technologies. These changes to the Uniform Commercial Code (UCC) are designed to facilitate the buying and selling of digital assets as well as their use as collateral. However, to date, the literature exploring these changes has mainly focused on understanding the basics of the new regime. This Essay moves beyond that baseline by showing how the UCC amendments can be used to structure …
The Future Concept Of Work, Nicola Countouris, Valerio De Stefano
The Future Concept Of Work, Nicola Countouris, Valerio De Stefano
Articles & Book Chapters
This chapter offers a reappraisal of the idea of ‘personal work’ and a critical assessment of the concept of subordination, which shapes the traditional contract of employment and subordinate work. The authors suggest that the notion of personal work may be more useful in attempts to develop a newly conceptualised concept of human labour, one capable of incorporating certain dimensions of (unpaid) gendered labour, ‘heteromated’ labour (‘heteromation’ is the extraction of economic value from low-cost or free labour in computer-mediated networks), and other forms of socially (and ecologically) valuable labour that hitherto have been excluded from the realm of formal, …
Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi
Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Sex Offenders And Internet Speech: First Amendment Protections For America's Most Reviled Outcasts, Gabriel Aderhold
Sex Offenders And Internet Speech: First Amendment Protections For America's Most Reviled Outcasts, Gabriel Aderhold
Mitchell Hamline Law Review
No abstract provided.
Revoking Trademark Consent: Can It Be Done?, Keegan Pearl
Revoking Trademark Consent: Can It Be Done?, Keegan Pearl
SMU Science and Technology Law Review
In 2022, Dallas Mavericks guard, Luka Doncic, was engaged in a quiet, albeit significant legal dispute with his mother. The dispute centered around Doncic’s attempt to register a new trademark to use for various goods and services. Doncic, however, previously gave his mother consent to use his name and likeness for a similar trademark, which was officially registered in 2018. Due to the likelihood of confusion, and his mother’s unwillingness to cede her rights in the outdated mark, Doncic was prevented from registering his new mark. Thus, Doncic filed a cancellation petition with the USPTO, which argued he should be …
Of Systems Thinking And Straw Men, Kate Klonick
Of Systems Thinking And Straw Men, Kate Klonick
Faculty Publications
(Excerpt)
In Content Moderation as Systems Thinking, Professor Evelyn Douek, as the title suggests, endorses an approach to the people, rules, and processes governing online speech as one not of anecdote and doctrine but of systems thinking. She constructs this concept as a novel and superior understanding of the problems of online-speech governance as compared to those existent in what she calls the “standard [scholarly] picture of content moderation.” This standard picture of content moderation — which is roughly five years old — is “outdated and incomplete,” she argues. It is preoccupied with anecdotal, high-profile adjudications in which platforms …
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett
Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett
Law Student Publications
Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …
Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier
Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier
Catholic University Journal of Law and Technology
More than 4.4 billion people use social media. A few platforms attract a significant number of those users—for example, 2.9 billion people use Facebook, 2.3 billion use YouTube, and 1.2 billion use WeChat. How these major platforms govern themselves with respect to content moderation has an impact on billions of users and may lead to policy changes across other platforms that affect billions more. That is why it is so important to analyze Meta’s Oversight Board—an independent body created for the purpose of “promot[ing] free expression by making principled, independent decisions regarding content on Facebook and Instagram by issuing recommendations …