Internet Law Commons^™

Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba

SMU Law Review

Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech,“ terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content—on a global …

The Limits Of Smart Contracts, Jens Frankenreiter

Ira M. Millstein Center for Global Markets and Corporate Ownership

This essay investigates the potential of smart contracts to replace the legal system as an infrastructure for transactions. It argues that (contract) law remains relevant for most transactions even if they are entirely structured by way of smart contract. The reason for this is that the power of smart contracts to create and enforce obligations against attempts by the legal system to thwart their execution is limited. These limitations are most relevant for obligations to perform certain actions outside the blockchain, but also apply to other obligations contingent on facts outside the records stored on the blockchain.

Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger

Kentucky Law Journal

No abstract provided.

The Dark Data Quandary, Daniel J. Grimm

American University Law Review

No abstract provided.

Cyberstalking: Holding Perpetrators Accountable And Providing Relief For Victims, Kara Powell

Law Student Publications

"After deciding to end the relationship, Tina carefully broke all ties with her ex-boyfriend. Then, the first blog post went live. The post was in Tina’s name, discussing her background as a business school graduate who worked in commodities at a bank and then transferred to real estate. The post took a dark turn as it went on to describe Tina as an escort and provided her phone number and address. As more blog posts went live, more people began harassing Tina by looking for an escort. Despite such harassment, Tina was looking for a new job. She received a …

Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji

Catholic University Journal of Law and Technology

The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …

Artificial Intelligence Is Here, Get Ready!, Jessica G. Martz

Catholic University Journal of Law and Technology

No one is certain whether Artificial Intelligence (“AI”) will make the future a better place or make it look like an apocalyptic Hollywood blockbuster. An opinion that is emerging among experts and nation-state leaders is that the nation-states that lead in AI advancements and implementation will likely have a greater influence on and power over the world economic and national security stages. The goal of this book review is to encourage the reader to enter the conversation about the role AI will play in global society and American life because AI will influence the job market in the near future. …

The Direct Purchaser Requirement In Clayton Act Private Litigation: The Case Of Apple Inc. V. Pepper , Konstantin G. Vertsman

Catholic University Journal of Law and Technology

More than fifty years after the Supreme Court’s decision in Hanover Shoe, Inc. v. United Shoe Machinery Corp. established the direct purchaser rule, the Supreme Court was provided with an opportunity in Apple Inc. v. Pepper to reevaluate and update the proximate cause standing requirement for litigation under § 4 of the Clayton Act. In the Supreme Court’s 5-4 decision, the majority opinion established a rule that consumers who purchase directly from a monopolist satisfy the direct purchaser standing requirement notwithstanding the internal business structure of the monopolist. This interpretation of the direct purchaser rule, along with the recent reformulation …

The Insurance Data Security Model Law: Strengthening Cybersecurity Insurer-Policyholder Relationships And Protecting Consumers, Koyejo-Isaac Idowu

Roger Williams University Law Review

No abstract provided.

Cybersecurity Oversight Liability, Benjamin P. Edwards

Scholarly Works

A changing cybersecurity environment now poses a significant corporate-governance challenge. Although some cybersecurity data breaches may be inevitable, courts now increasingly consider when a corporation's officers and directors may be held liable on theories that they acted in bad faith and failed to adequately oversee the corporation's affairs. This short essay reviews recent derivative decisions and encourages corporate boards to recognize that in an environment filled with increasing threats, a reasonable response will require devoting real resources and attention to cybersecurity issues.

The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne Barnes

Faculty Scholarship

The advent of the Internet has brought innumerable innovations to our lives. Among the innovations is the meteoric rise in the volume of e-commerce conducted on the Internet. Correspondingly, consumer-posted information about merchants, goods, and services has also begun to be a rich source of information for consumers researching a purchase online. This information takes many forms, but a major category is the narrative review describing the purchase and experience. Such reviews are posted on websites such as Yelp, Amazon and TripAdvisor, on apps, and on social media such as Facebook and Twitter. The amount and volume of reviews has …

Protecting Consumers In The Age Of The Internet Of Things, Nicole Smith Futrell

Faculty Scholarship

“Wake up, baby!”

Imagine waking up in the middle of the night to the sound of a stranger speaking to your baby through the baby monitor. For one Texas couple, this horror story became reality when a man hacked their internet-connected monitors to watch and stalk their child. In a similarly horrifying scenario, a hacker stalked Miss Teen USA, Cassidy Wolf, for a year via her webcam. The stalker had 24/7 access to her webcam and also traced the keystrokes on her keyboard to learn her passwords for various web accounts. Subsequently, the hacker used private information he learned about …

Creating A National Data Privacy Law For The United States, Shaun G. Jamison

Cybaris®

No abstract provided.

Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace

Marquette Law Review

At less than a decade old, Bitcoin and other virtual currencies have had a major societal impact, and proven to be a unique payment systems challenge for law enforcement, financial regulatory authorities worldwide, and the investment community. Rapid introduction and diffusion of technological changes throughout society, such as the blockchain that serves as Bitcoin’s crypto-foundation, continue to exceed the ability of law and regulation to keep pace. During 2017 alone, the market price of Bitcoin rose 1,735%, from about $970 to $14,292, causing an investor feeding frenzy. As of September 11, 2018, a total of 1,935 cryptocurrencies are reported, having …

Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin

Lewis & Clark Law Review

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …

Building Bridges: International Trade Law, Internet Governance, And The Regulation Of Data Flows, Neha Mishra

Vanderbilt Journal of Transnational Law

The regulation of internet data flows touches upon various distinct disciplines including internet governance and international trade law. In internet governance, three fundamental principles, namely, internet openness, internet security, and internet privacy apply to regulation of internet data flows. This Article argues that internet privacy and security, when implemented in a reasoned and transparent manner by different stakeholders, enable internet openness--thus, challenging the dominant perspective that cybersecurity and privacy requirements constrain the free flow of data. Further, this Article introduces a unique perspective by arguing that these three principles (notwithstanding their nonbinding nature) play an important role in applying trade …

Facebook-Cambridge Analytica Data Harvesting: What You Need To Know, Ikhlaq Ur Rehman

Library Philosophy and Practice (e-journal)

In 2018, it became public knowledge that millions of Facebook users’ data had been harvested without their consent. At the heart of the issue was Cambridge Analytica (CA) which in partnership with Cambridge researcher, Aleksandr Kogan harvested data from millions of Facebook profiles. Kogan had developed an application called “thisisyourdigitallife” which featured a personality quiz and CA paid for people to take it. The app recorded results of each quiz, collected data from quiz taker’s Facebook account such as personal information and Facebook activity (e.g., what content was “liked”) as well as their Facebook friends which led to data harvesting …

A Brief Introduction To Digital Art & Blockchain, Jessica Bookout, Lauren Cimbol, Shannon Leigh Collins, Devin L. Newman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Antitrust In Digital Markets, John M. Newman

Articles

Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should evolve to address digital markets. Eventually, a consensus emerged: although the basic doctrine is supple enough to apply to new technologies, courts and enforcers should adopt a defendant-friendly, hands-off approach.

But this pro-defendant position is deeply- and dangerously- flawed. Economic theory, empirical research, and extant judicial and regulatory authority all contradict the prevailing views regarding power, …

When Law Frees Us To Speak, Jonathon Penney, Danielle Citron

Articles, Book Chapters, & Popular Press

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, 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 …

Privacy And Legal Automation: The Dmca As A Case Study, Jonathon Penney

Articles, Book Chapters, & Popular Press

Advances in artificial intelligence, machine learning, computing capacity, and big data analytics are creating exciting new possibilities for legal automation. At the same time, these changes pose serious risks for civil liberties and other societal interests. Yet, existing scholarship is narrow, leaving uncertainty on a range of issues, including a glaring lack of systematic empirical work as to how legal automation may impact people’s privacy and freedom. This article addresses this gap with an original empirical analysis of the Digital Millennium Copyright Act (DMCA), which today sits at the forefront of algorithmic law due to its automated enforcement of copyright …

When Law Frees Us To Speak, Danielle Citron, Jonathon Penney

Articles, Book Chapters, & Popular Press

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, 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 …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumer-sourced reputational information about products should increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision-making. There is now a growing pressure to deregulate in diverse fields such as contracts, products liability, consumer protection, and occupational licensing.

This Article presents a common failure mode of systems of reputation: "Reputation Failure." By spotlighting the public-good nature of reviews, rankings, and even gossip, this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value. As a result …

All Sex Workers Deserve Protection: How Fosta/Sesta Overlooks Consensual Sex Workers In An Attempt To Protect Sex Trafficking Victims, Heidi Tripp

Penn State Law Review (2003 - Present)

The internet provided consensual sex workers with a sense of safety and community not available on the streets. Screening clients before meeting them, sharing information about dangerous clients, and finding work without relying on pimps turned a historically dangerous profession into a safer, more reliable way to earn a living.

Unfortunately, the internet also provided sex traffickers with a more efficient way to advertise sex trafficking victims without detection by law enforcement. Under Section 230 of the Communications Decency Act, websites hosting advertisements of sex trafficking victims were often immune from liability. Section 230, which meant to promote free speech …

The Ironic Privacy Act, Margaret Hu

Faculty Publications

This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way that inverts its intent. Specifically, pursuant to the Privacy Act's reporting requirements, in September 2017, the U.S. Department of Homeland Security (DHS) notified the public that record systems would be modified to encompass the collection of social media data. The notification justified the collection of social media data as a part of national security screening and immigration vetting procedures. However, the collection will encompass social media data on both citizens and noncitizens, and was not explicitly …

Lessons From Literal Crashes For Code, Margot Kaminski

Publications

No abstract provided.

The Uses And Abuses Of The Government's Tools Of Information Control, Helen Norton

Publications

No abstract provided.

Are Internet Protocols The New Human Rights Protocols: Understanding Rfc 8280: Research Into Human Rights Protocol Considerations, Vivek Krishnamurthy

Publications

No abstract provided.