Internet Law Commons^™

Do Prostitution Advertisements Reduce Violence Against Women? A Methodological Examination Of Cunningham, Deangelo, And Tripp Findings, Katie Feifer, Jody Raphael, Kezban Yagci Sokat

Dignity: A Journal of Analysis of Exploitation and Violence

A recent study by Cunningham, DeAngelo, and Tripp (unpublished 2017, 2019) found that advertising prostitution online led to a lower rate of homicide of women in the United States. These findings have circulated widely in the mainstream media as proof that advertising prostitution online increases the safety of prostituted women. The study’s findings were used to argue against the 2018 passage of a federal anti-trafficking bill: Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA), known collectively as FOSTA-SESTA. This new law holds websites that knowingly facilitate sex trafficking accountable for …

Defining Critical Infrastructure For A Global Application, Colleen M. Newbill

Indiana Journal of Global Legal Studies

A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: ''global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders …

Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

The quarter century since Barlow’s writing allows us to assess his prophecy. The economy moved in the very direction that Barlow anticipated—from an economy focused on the ownership of things to an economy based on services and experiences. In high-income countries, services now account for three-quarters of the gross domestic product.

But intellectual property proved more resilient and adaptable than Barlow predicted. Intellectual property law both offered exceptions where necessary, while simultaneously expanding to cover new forms of creativity and activities. In this short essay, we argue that, for good or ill, intellectual property has reconfigured itself for an economy …

The Good, The Bad, And The Ugly Behavior, Michal Lavi

Cardozo Law Review

Shaming is usually referred to as the publication of perceived anti-social or illegal behavior of an individual in order to condemn or humiliate him. It has some virtues: it makes it harder for people to get away with wrongful behavior, and it promotes justice. It also promotes freedom of expression and enables efficient deterrence. By spreading information on the behavior of individuals, shaming encourages one to maintain his reputation and facilitates beneficial transactions. Finally, it helps the public to avoid inefficient services.

Yet shaming raises many problems. Anyone can shame another based on individual, as opposed to universal, values, thus …

A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li

Notre Dame Law Review

In Part I, this Note discusses the concerning regularity of high-profile data breaches that have occurred within the United States’ weak and patchwork landscape of cybersecurity law. Part II discusses the challenges companies face when attempting to comply with the current cybersecurity law, and why companies who are deemed compliant are still falling victim to hackers and data breaches. Part III makes a call for federal legislation to replace the current, inadequate, fragmented, and uneven landscape of cybersecurity law. Part IV discusses numerous factors and incentives to consider in creating an omnibus federal cybersecurity law. Finally, Part V offers some …

Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson

Brooklyn Journal of International Law

In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …

The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan

Brooklyn Journal of International Law

Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …

The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich

Brooklyn Law Review

U.S. businesses periodically adjust their marketing practices to foreign law innovations. Several years ago, U.S. businesses emailing into Canada had to incorporate Canada’s Anti-Spam Law, otherwise known as CASL. Businesses that believed they email only U.S.-based customers likely dismissed CASL as not applicable. Others may never have heard of the law altogether. As this note discusses, CASL created a compliance conundrum for U.S. businesses. Since CASL methodically differs from the U.S. anti-spam law, CAN-SPAM, it may be in a business’s best interest to apply this law to its Canadian subset and not to the entire email population. Neither the law …

Chilling Social Media: Warrantless Border Searches Of Social Media Accounts Infringe Upon The Freedom Of Association And The Freedom To Be Anonymous Under The First Amendment, Atanu Das

Brooklyn Law Review

The Department of Homeland Security has instituted rules to allow Customs and Border Patrol officials to conduct a warrantless search the mobile device data, including social media accounts, of U.S. citizens entering the United States under the border search exception doctrine of the Fourth Amendment. However, U.S. Supreme Court jurisprudence has found that there are limits to government interference in the freedom of association and freedom to be anonymous. This essay analyzes such jurisprudence as it applies to the warrantless border search of social media accounts accessible from a mobile device and concludes that this warrantless search infringes the freedom …

Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell

Journal of the National Association of Administrative Law Judiciary

This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces …

No Internet Does Not Mean No Protection Under The Cfaa: Why Voting Machines Should Be Covered Under 18 U.S.C. § 1030, Jack Dahm

Notre Dame Law Review

The U.S. Attorney General established a Cyber-Digital Task Force within the Department of Justice (DOJ) in February 2018. This newly created task force released its first public report on July 19, 2018. Then–Attorney General Jeff Sessions announced the release of the report, while promising that “[a]t the Department of Justice, we take these threats seriously.” The report was designed to answer the following question: “How is the Department [of Justice] responding to cyber threats?” The report begins by discussing the threat of foreign influence operations, described by the Task Force as “one of the most pressing cyber-enabled threats our Nation …

Marketplace Of Ideas, Privacy, And The Digital Audience, Alexander Tsesis

Notre Dame Law Review

The availability of almost limitless sets of digital information has opened a vast marketplace of ideas. Information service providers like Facebook and Twitter provide users with an array of personal information about products, friends, acquaintances, and strangers. While this data enriches the lives of those who share content on the internet, it comes at the expense of privacy.

Social media companies disseminate news, advertisements, and political messages, while also capitalizing on consumers’ private shopping, surfing, and traveling habits. Companies like Cambridge Analytica, Amazon, and Apple rely on algorithmic programs to mash up and scrape enormous amounts of online and otherwise …

Different Problems Require Different Solutions: How Air Warfare Norms Should Inform Ihl Targeting Law Reform & Cyber Warfare, Christian H. Robertson Ii

University of Michigan Journal of Law Reform

On February 19, 2018, United Nations Secretary-General Antonio Guterres claimed that he was “absolutely convinced” that “the next war will begin with a massive cyber-attack to destroy military capacity . . . and paralyze basic infrastructure.” The Secretary-General’s greatest concern, however, is that he believes “there is no regulatory scheme for that type of warfare, it is not clear how the Geneva Convention or international humanitarian law applies to it.” Although Additional Protocol I to the Geneva Conventions (AP I) targeting laws generally identify who and what States may target in war, it expressly limits itself to attacks affecting people …

Courts React: Popularity Of Youtube's Reaction Video Genre Sparks New Discussion On Fair Use Defense, Gretchen L. Casey

Texas A&M Journal of Property Law

Over the past few years, the rise in popularity of a genre of You- Tube videos known as “reaction videos” has resulted in controversy for various reasons. The United States District Court in Hosseinzadeh v. Klein, a landmark case for the genre, described the “reaction videos” as “a large genre of YouTube videos . . . [that] vary widely in terms of purpose, structure, and the extent to which they rely on potentially copyrighted material.” According to the Hosseinzadeh opinion, “[s]ome reaction videos. . .intersperse short segments of another’s work with criticism and commentary, while others are more akin to …

La Saisie De Données Situées Dans Le Nuage En Droit Criminel Canadien, Laura Ellyson

Canadian Journal of Law and Technology

L’article 8 de la Charte canadienne des droits et libertés prévoit que « chacun a droit à la protection contre les fouilles, les perquisitions ou les saisies abusives ». Cette disposition a fait couler beaucoup d’encre depuis son adoption, mais aussi plus récemment en raison de son application aux nouvelles technologies. En effet, dans les 20 dernières années, la Cour suprême du Canada a adapté les principes généraux découlant des fouilles, saisies et perquisitions aux réalités informatiques nouvelles, notamment l’ordinateur et le cellulaire. Toutefois, l’émergence de nouvelles technologies est un phénomène qui ne cesse jamais. L’essor de l’infonuagique, ce modèle …

Privacy And Connected Objects, Nicolas Karsenti

Canadian Journal of Law and Technology

Our society perennially seeks to multiply its connectivity in the name of greater efficiency. Over the past few years, several devices that had previously been quite basic have been made ‘‘smarter” in order to facilitate a consumer’s life. A recent study highlights that some of the most common reasons for using ‘‘smart” objects are home automation and remote control. Thus, convenience is driving companies, particularly appliance makers, to connect their devices to the internet in order to make them ‘‘smart”. These range from intelligent thermostats, smart fridges, connected pacemakers, smart watches and personal assistants (PAs) such as Alexa, Siri or …

Can We Trust Artificial Intelligence In Criminal Law Enforcement?, Sara M. Smyth

Canadian Journal of Law and Technology

With the rapid advances made by AI in the last few years, yet with so much of it happening behind the scenes, it’s no wonder that most people are both baffled and awestruck by the capacity for these systems to render humans obsolete. Until recently, much of what the general public knew about AI, robotics, and their superhuman capabilities came from Hollywood blockbuster films like Minority Report. While it’s true that these films, in fact, provided a surprisingly realistic portrait of the capabilities that AI can now deliver, there is still a real lack of understanding on the part of …

Law And The “Sharing Economy”: Regulating Online Market Platforms By Derek Mckee, Finn Makela & Teresa Scassa, John D. Gregory

Canadian Journal of Law and Technology

No abstract provided.

Digital Evidence: A Practitioner’S Handbook By Gerald Chan & Susan Magotiaux, Robert J. Currie

Canadian Journal of Law and Technology

No abstract provided.

Money's Past Is Fintech's Future: Wildcat Crypto, The Digital Dollar, And Citizen Central Banking, Robert C. Hockett

Cornell Law Faculty Publications

This Essay argues that crypto-currencies will soon go the way of the ‘wildcat’ banknotes of the mid-19th century. As central banks worldwide upgrade their payments systems, the Fed will begin issuing a ‘digital dollar’ that leaves no licit function for what the Author calls ‘wildcat crypto.’ But the imminent change heralds more than a shakeout in fintech. It will also make possible a new era of what the Author calls ‘Citizen Central Banking.’ The Fed will administer a national system of ‘Citizen Accounts.’ This will not only end the problem of the ‘unbanked,’ it will also simplify monetary policy. Instead …

Singapore's Latest Efforts At Regulating Online Hate Speech, Siyuan Chen, Chen Wei Chia

Research Collection Yong Pung How School Of Law

The introduction of the Protection from Online Falsehoods and Manipulation Act (POFMA) has been generating considerable debate and feedback. Some of the concerns raised include whether the bill unduly restricts the freedom of expression. In focusing on the hate speech provisions of the POFMA, this legislation comment situates the criticisms within the larger framework of international human rights law and international practices and proposes some ways forward to improve the regulatory framework for online hate speech.

Legal And Technical Issues For Text And Data Mining In Greece, Maria Kanellopoulou - Botti, Marinos Papadopoulos, Christos Zampakolas, Paraskevi Ganatsiou

Computer Ethics - Philosophical Enquiry (CEPE) Proceedings

Web harvesting and archiving pertains to the processes of collecting from the web and archiving of works that reside on the Web. Web harvesting and archiving is one of the most attractive applications for libraries which plan ahead for their future operation. When works retrieved from the Web are turned into archived and documented material to be found in a library, the amount of works that can be found in said library can be far greater than the number of works harvested from the Web. The proposed participation in the 2019 CEPE Conference aims at presenting certain issues related to …

Where To Prosecute Cybercrimes, Jacob T. Wall

Duke Law & Technology Review

Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper …

Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom

St. John's Law Review

(Excerpt)

This Note argues that current law is inadequate to protect consumers in light of the prevalence and severity of data breaches in recent years, and that a unifying federal legislation combining portions of state law and the DSBNA should be enacted. Part I of this Note analyzes the DSBNA for notification requirements when data breaches occur, the requirements for the implementation of security policies, regulatory mechanisms for monitoring compliance with these requirements, and criminal penalties for failing to comply. Part II summarizes the various state laws that exist for notification of data breaches. Part III proposes a model federal …

Warning! Tiered Internet Ahead: Expect Delays, Courtney Loyack

Notre Dame Law Review Reflection

As the topic of net neutrality becomes increasingly polarized, the question becomes: Who should decide how consumers use the internet? Are usage determinations best left unregulated and to the discretion of massive corporations, or should usage be determined by regulations that aim to ensure an open and freely accessible internet? The answer to this question has far-reaching and deeply meaningful implications for the lives of every American.

The ways in which consumers communicate, access information, and participate in social media are all subject to change as the future of net neutrality regulation becomes uncertain. Part I of this Essay will …

Better Left Forgotten: An Argument Against Treating Some Social Media And Digital Assets As Inheritance In An Era Of Platform Power, Shelly Kreiczer-Levy, Ronit Donyets-Kedar

Brooklyn Law Review

Restraining technological platforms’ power has become one of the main concerns of our era. The control over cyberspace and data ownership are among the key issues addressed in the literature. Yet, the ongoing vigorous debate surrounding the inheritance of digital assets remains surprisingly oblivious of the platform’s involvement in shaping memory and continuity. Current legal scholarship and legislation ask whether social network profiles are inheritable property; they balance the user’s privacy and wishes against family members’ interests, without addressing or even considering the corporate power at play. This article argues that we are constantly asking the wrong questions. Instead of …

Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron

Fordham Law Review

Gender equality demands equal opportunity to speak and be heard. Yet, in recent years, the clash between equality and free speech in the context of gender has intensified—in the media, the workplace, college campuses, and the political arena, both online and offline. The internet has given rise to novel First Amendment issues that particularly affect women, such as nonconsensual pornography, online harassment, and online privacy. On November 1–2, 2018, the Fordham Law Review brought together scholars and practicing lawyers from around the nation to address many of the pressing challenges facing feminists and free speech advocates today. The Symposium was …

Digital Colonialism: The 21st Century Scramble For Africa Through The Extraction And Control Of User Data And The Limitations Of Data Protection Laws, Danielle Coleman

Michigan Journal of Race and Law

As Western technology companies increasingly rely on user data globally, extensive data protection laws and regulations emerged to ensure ethical use of that data. These same protections, however, do not exist uniformly in the resource-rich, infrastructure-poor African countries, where Western tech seeks to establish its presence. These conditions provide an ideal landscape for digital colonialism.

Digital colonialism refers to a modern-day “Scramble for Africa” where largescale tech companies extract, analyze, and own user data for profit and market influence with nominal benefit to the data source. Under the guise of altruism, large scale tech companies can use their power and …

When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney

Fordham Law Review

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …

On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams

Brooklyn Journal of Corporate, Financial & Commercial Law

On May 14, 2018, Justice Alito delivered the majority opinion for the United States Supreme Court in Murphy v. National Collegiate Athletic Association (NCAA). The Professional and Amateur Protection Act (PASPA), a twenty-six-year-old federal statute, was deemed unconstitutional; thus, this decision allows state legislatures to legalize sports betting within their borders. With many states independently legalizing sports gambling, the regulatory landscape throughout the country is becoming a patchwork of state statutes. Additionally, top tier sporting organizations heavily depend on data analytics to formulate game plan strategy, train efficiently, rehab player injuries, gauge team and player performance, etc. The popularity of …