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Articles 1 - 30 of 55
Full-Text Articles in Internet Law
Beyond Social Media Analogues, Gregory M. Dickinson
Beyond Social Media Analogues, Gregory M. Dickinson
Faculty Articles
The steady flow of social-media cases toward the Supreme Court shows a nation reworking its fundamental relationship with technology. The cases raise a host of questions ranging from difficult to impossible: how to nurture a vibrant public square when a few tech giants dominate the flow of information, how social media can be at the same time free from conformist groupthink and also protected against harmful disinformation campaigns, and how government and industry can cooperate on such problems without devolving toward censorship.
To such profound questions, this Essay offers a comparatively modest contribution—what not to do. Always the lawyer’s instinct …
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Scholarly Works
As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …
Triping On Trade Secrets: How China’S Cybertheft Of U.S. Trade Secrets Violated Trips, Kassidy Schmitz
Triping On Trade Secrets: How China’S Cybertheft Of U.S. Trade Secrets Violated Trips, Kassidy Schmitz
American University International Law Review
No abstract provided.
Leveraging Domestic Law Against Cyberattacks, Justin Malzac
Leveraging Domestic Law Against Cyberattacks, Justin Malzac
American University National Security Law Brief
No abstract provided.
Conundra Of The Berne Convention Concept Of The Country Of Origin, Jane C. Ginsburg
Conundra Of The Berne Convention Concept Of The Country Of Origin, Jane C. Ginsburg
Faculty Scholarship
This essay explores one of the most important, but occasionally intractable, issues under the Berne Convention, the concept of Country of Origin. Article 5(4) of that treaty defines a work’s country of origin, but leaves out several situations, leaving those who interpret and apply the treaty without guidance in ascertaining the country of origin. I will call those situations the “Conundra of the country of origin,” and will explore two of them here. First, what is the country of origin of an unpublished work whose authors are nationals of different countries? Second, what is the country of origin of a …
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Georgetown Law Faculty Publications and Other Works
For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the United States. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the EU-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the United States via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, don’t transfer the data at all. I argue …
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
Faculty Scholarship
For more than four decades, the third-party doctrine was understood as a bright-line, categorical rule: there is no legitimate privacy interest in any data that is voluntarily disclosed or conveyed to a third party. But this simple rule has dramatic effects in a world of ubiquitous networked computing, mobile technologies, and the commodification of information. The digital devices that facilitate our daily participation in modern society are connected through automated infrastructures that are designed to generate vast quantities of data, nearly all of which is captured, utilized, and stored by third-party service providers. Under a plain reading of the third-party …
Crash Goes Icann's Multistakeholder Model, Kathryn Kleiman
Crash Goes Icann's Multistakeholder Model, Kathryn Kleiman
Scholarly Articles in Law Reviews & Journals
In 1995, the Internet was becoming a global phenomenon and users needed "domain names"--the street signs of Internet addresses--for an array of commercial and noncommercial speech. A small community of "multistakeholders"--business, civil society, governments, technologists, intellectual property and non-government organization representations--began to write rules for Internet addresses largely on behalf of a global population that had yet to be connected to the Internet. I had the privilege of being part of that group. Since then, Internet use has skyrocketed from 70 million users (1.7% of the world population) in 1995 to over 4.5 billion users (58.8% of the world population) …
Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program In Law, Media And Society, Bonavero Institute Of Human Rights, Cardozo Law Moot Court Honor Society
Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program In Law, Media And Society, Bonavero Institute Of Human Rights, Cardozo Law Moot Court Honor Society
2018–2019 Flyers
This expert panel discussion, moderated by Professor Monroe Price, explored the evolving challenges and regulatory efforts related to social media. Held on Thursday, January 31st, from 6–8pm in the Moot Court Room at Cardozo School of Law, the event addressed pressing issues such as child pornography, cyberstalking, hate speech, terrorist content, and the impact of social media on U.S. elections. Panelists included Robyn Caplan (Data and Society), Jessa Lingel (University of Pennsylvania), and Cardozo Professor Felix Wu, whose work focuses on freedom of expression and cybersecurity. Presented by the Howard M. Squadron Program in Law, Media and Society in partnership …
Lessons From Literal Crashes For Code, Margot Kaminski
Lessons From Literal Crashes For Code, Margot Kaminski
Publications
No abstract provided.
Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Eduard Fosch Villaronga, Peter Kieseberg, Tiffany Li
Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Eduard Fosch Villaronga, Peter Kieseberg, Tiffany Li
Faculty Scholarship
To understand the Right to be Forgotten in context of artificial intelligence, it is necessary to first delve into an overview of the concepts of human and AI memory and forgetting. Our current law appears to treat human and machine memory alike – supporting a fictitious understanding of memory and forgetting that does not comport with reality. (Some authors have already highlighted the concerns on the perfect remembering.) This Article will examine the problem of AI memory and the Right to be Forgotten, using this example as a model for understanding the failures of current privacy law to reflect the …
Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Ali Budiardjo
Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Ali Budiardjo
Faculty Scholarship
Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several recent cases, primarily in the European Union, demonstrate the difficulties of enforcing the right of communication to the public (or, in U.S. copyright parlance, the right of public performance by transmission) against those who provide hyperlinks that effectively deliver infringing content to …
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Maryland Law Review
No abstract provided.
Conceptualizing Cryptolaw, Carla L. Reyes
Conceptualizing Cryptolaw, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Sweden transfers its real property recording system to the blockchain, a software protocol that enables public, cryptographically secure transaction verification without reliance upon a trusted third party. Dubai plans to issue blockchain-based government documents. The United States Department of Health and Human Services investigates blockchain-based systems for managing health data. Illinois explores blockchain-based applications for use in the Illinois government. News of governments and public-private partnerships developing blockchain-based legal applications increasingly splash across the headlines; however the law-makers using blockchain and other Distributed Ledger Technology (DLT) systems to implement legal processes do not systematically consider the broader implications of their …
Whither (Not Wither) Copyleft, Eben Moglen
Whither (Not Wither) Copyleft, Eben Moglen
Faculty Scholarship
This article contains an edited version of Professor Eben Moglen’s speech at the SFLC Fall Conference 2016. It explores the topic of Copyleft, enforcement and community engagement from the perspective of one of the key individuals in the rise of Free and Open Source Software from interesting idea to a central pillar of the global technology industry.
The First Amendment As Killer App, Anupam Chander
The First Amendment As Killer App, Anupam Chander
Journal of Law, Technology, & the Internet
"While it is a commonplace that the Internet revolutionized speech, what is perhaps less well understood is that free speech made today’s Internet." Symposium article.
Intellectual Property In News? Why Not?, Sam Ricketson, Jane C. Ginsburg
Intellectual Property In News? Why Not?, Sam Ricketson, Jane C. Ginsburg
Faculty Scholarship
This Chapter addresses arguments for and against property rights in news, from the outset of national law efforts to safeguard the efforts of newsgathers, through the various unsuccessful attempts during the early part of the last century to fashion some form of international protection within the Berne Convention on literary and artistic works and the Paris Convention on industrial property. The Chapter next turns to contemporary endeavors to protect newsgatherers against “news aggregation” by online platforms. It considers the extent to which the aggregated content might be copyrightable, and whether, even if the content is protected, various exceptions set out …
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Frank Pasquale, Danielle K. Citron
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Frank Pasquale, Danielle K. Citron
Faculty Scholarship
There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.
Watching The Watchers, Neil M. Richards
Watching The Watchers, Neil M. Richards
Scholarship@WashULaw
In this essay from Wired Magazine (UK)'s special edition, The Wired World in 2014, Prof. Richards argues that sousveillance–watching the watchers–is an important development that will be on the rise in 2014.
Are Cryptocurrencies Super Tax Havens?, Omri Marian
Are Cryptocurrencies Super Tax Havens?, Omri Marian
Michigan Law Review First Impressions
Virtual currencies are online payment systems that may function as real currencies but are not issued or backed by central governments. As demonstrated by recent events, virtual currencies present regulators with significant challenges. On May 23, 2013, the U.S. federal government brought an indictment against the operators of Liberty Reserve, a popular virtual currency, charging the operators with money laundering and operating an unlicensed money-transmitting business. The same month, the Government Accountability Office ("GAO") made public a report exploring the potential tax-compliance risks associated with virtual currencies and economies. Legislators have also taken particular interest in one type of virtual …
We And Cyberlaw: The Spatial Unity Of Constitutional Orders, Hans Lindahl
We And Cyberlaw: The Spatial Unity Of Constitutional Orders, Hans Lindahl
Indiana Journal of Global Legal Studies
This paper scrutinizes the fundamental assumption governing Gunther Teubner's theory of societal constitutionalism, namely that societal constitutions are ultimately about the regulation of inclusion and exclusion in global function systems. While endorsing the central role of inclusion/exclusion in constitutions, societal or otherwise, I argue that inclusion and exclusion are primordial categories of collective action, rather than functional categories. As a result, the self-closure which gives rise to a legal collective is spatial as much as it is temporal, and subjective no less than material. Inasmuch as legal orders must establish who ought to do what, where, and when, this entails, …
The Anonymous Internet, Bryan H. Choi
Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King
Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King
Scholarship@WashULaw
Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …
Proposal For An International Convention On Online Gambling, Marketa Trimble
Proposal For An International Convention On Online Gambling, Marketa Trimble
Scholarly Works
The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
William & Mary Bill of Rights Journal
No abstract provided.
Hostile Educational Environments, Ari Ezra Waldman
Hostile Educational Environments, Ari Ezra Waldman
Articles & Chapters
This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on the nature of the offending behavior. For students who are punished for a single incident – what I will call cyberattacking – a Tinker analysis makes sense. But, given that Tinker’s “substantial disruption” standard originated in the context of student protests and that targeted identity-based harassment can create substantial disruptions …
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Articles & Chapters
This Article begins a theoretical and empirical discussion on bullying and cyberharassment of all students, but particularly gay and lesbian youth. Despite the recent spate of bullying-related suicides, I argue that antibullying proposals that include harsh criminal punishments for egregious cases of bullying and cyberbullying in schools lack validity as a matter of legal theory and practice. In fact, it is what makes criminalization so initially attractive — that is, the public’s emotional and retributive need for punishments equal to bullying tragedies — that ultimately leaves the proposal devoid of reason. Criminalization proposals only satisfy retributive aims and are unlikely …
Public Forum 2.0, Lyrissa Barnett Lidsky
Public Forum 2.0, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Social media have the potential to revolutionize discourse between American citizens and their governments. At present, however, the U.S. Supreme Court's public forum jurisprudence frustrates rather than fosters that potential. This article navigates the notoriously complex body of public forum doctrine to provide guidance for those who must develop or administer government-sponsored social media or adjudicate First Amendment questions concerning them. Next, the article marks out a new path for public forum doctrine that will allow it to realize the potential of Web 2.0 technologies to enhance democratic discourse between the governors and the governed. Along the way, this article …
Special Feature: Cyberlaw - Introduction
Open Robotics , M. Ryan Calo