Internet Law Commons^™

Control On Blockchain Network, Aleksei Gudkov

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 42, Issue 3

Nova Law Review

No abstract provided.

Cryptocurrencies: The New Species, Ors Penzes

Nova Law Review

No abstract provided.

Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

This comment considers the CJEU’s recent decision in Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634, concerning the legality of reposting copyright-protected material on the Internet. Notably, the earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.

The Internet Of Platforms And Two-Sided Markets: Implications For Competition And Consumers, Rob Frieden

Villanova Law Review (1956 - )

No abstract provided.

Building An Informed Citizenry In The Battle Against Disinformation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that the report of the Select Committee on Deliberate Online Falsehoods affirms a veritable truth: that the best antidote against weaponised falsehoods is an informed citizenry. However, he noted that this recommendation to nurture well-informed citizens is also likely to be the most challenging to realise the desired outcomes. An informed public will take a substantial period of time to evolve. He also cautioned the need for judicial oversight over severe powers that might abuse freedom of speech and expression and recognise that a government of the day may …

The Effect Of Globalization On The National Criminal Law Systems, Shirin Ahmadi Dastjerdi, Abbas Sheikholeslami, Haniyeh Hojabrosadati

Library Philosophy and Practice (e-journal)

Globalization has influenced many human life scopes with a variety of tools, which the cyberspace playing the most role. Although both cyberspace and globalization have had many benefits to human life, both as a tool and as a process, they have been able to assist offenders to bring crime into the cyberspace without any trouble. Therefore, today criminologists discuss the globalized world of crime. Although, the processes of homogenization and globalization have been precious to human beings, should not be overlooked. In this article, the author has tried to explain the cybercrime in the age of globalization, with an emphasis …

Annual Report, 2018, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become an indispensable source for tech policy research, education, and local, national, and international thought leadership. The Lab has worked directly with policymakers, published research and guides on emerging technologies, and provided opportunities for the public to learn from experts.

Lawstats – Large-Scale German Court Decision Evaluation Using Web Service Classifiers, Eugen Ruppert, Dirk Hartung, Phillip Sittig, Tjorben Gschwander, Lennart Rönneburg, Tobias Killing, Chris Biemann

Research Collection Yong Pung How School Of Law

LawStats provides quantitative insights into court decisions from the Bundesgerichtshof - Federal Court of Justice (BGH), the Federal Court of Justice in Germany. Using Watson Web Services and approaches from Sentiment Analysis (SA), we can automatically classify the revision outcome and offer statistics on judges, senates, previous instances etc. via faceted search. These statistics are accessible through a open web interface to aid law professionals. With a clear focus on interpretability, users can not only explore statistics, but can also understand, which sentences in the decision are responsible for the machine’s decision; links to the original texts provide more context. …

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …

Data Protection In The Internet: National Rapporteur (Singapore), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

National report on Singapore's data protection laws, including the Personal Data Protection Act, and how data protection laws are implemented and enforced in Singapore.

The Problem Isn't Just Backpage: Revising Section 230 Immunity, Danielle K. Citron, Benjamin Wittes

Faculty Scholarship

Backpage is a classifieds hub that hosts “80 percent of the online advertising for illegal commercial sex in the United States.” This is not by happenstance but rather by design. Evidence suggests that the advertising hub selectively removed postings discouraging sex trafficking. The site also tailored its rules to protect the practice from detection, including allowing anonymized email and photographs stripped of metadata. Under the prevailing interpretation of 47 U.S.C. § 230 (“Section 230”) of the CDA, however, Backpage would be immune from liability connected to sex trafficking even though it proactively helped sex traffickers from getting caught. No matter …

Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski

St. John's Law Review

(Excerpt)

When asking how fake news in social media can be combated under U.S. and German law, one must first take the systems’ most fundamental differences into consideration. U.S. law is characterized by its federal structure, the interaction of state laws often with the federal, U.S. Constitution, usage of pretrial discovery, as well as the role of juries in calculating damages. In contrast, Germany, as a civil law system, is characterized by its usage of separate legal actions to acquire information, lack of pretrial discovery, and broader array of available remedies, none of which allow for punitive damages. Through a …

Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle

Brooklyn Law Review

Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …

Governing Behind The Cloud: Is Transparency Too "Burdensome" In The Digital Age?, Sam Louwagie

Minnesota Journal of Law, Science & Technology

No abstract provided.

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact, including the …

Rise Of The Intelligent Information Brokers: Role Of Computational Law Applications In Administering The Dynamic Cybersecurity Threat Surface In Iot, Eran Kahana

Minnesota Journal of Law, Science & Technology

No abstract provided.

Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson

Minnesota Journal of Law, Science & Technology

No abstract provided.

Out Of Thin Air: Trade Secrets, Cybersecurity, And The Wrongful Acquisition Tort, Sharon Sandeen

Minnesota Journal of Law, Science & Technology

No abstract provided.

Rewriting The "Book Of The Machine": Regulatory And Liability Issues For The Internet Of Things, Jane Kirtley, Scott Memmel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Biotechnology's Great Divide: Strengthening The Relationship Between Patent Law And Bioethics In The Age Of Crispr-Cas9, Hannah M. Mosby

Minnesota Journal of Law, Science & Technology

No abstract provided.

Securing The Internet Of Healthcare, Scott J. Shackelford, Michael Mattioli, Steve Myers, Austin Brady

Minnesota Journal of Law, Science & Technology

No abstract provided.

No Good Deed Goes Unpunished: The Duties Held By Malware Researchers, Penetration Testers, And "White Hat" Hackers, Jon Watkins

Minnesota Journal of Law, Science & Technology

No abstract provided.

Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen

St. Mary's Law Journal

Abstract forthcoming

Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions: 1. Do these forms of online activity constitute acts of communication (or making available) in the first instance? 2. Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It …

Digital Expungement, Eldar Haber

Maryland Law Review

No abstract provided.

A Statistical Analysis Of Privacy Policy Design, Ari E. Waldman

Notre Dame Law Review Reflection

This Essay takes a further step in a developing research agenda on the design of privacy policies. As described in more detail in Part II, I created an online survey in which respondents were asked to choose one of two websites that would better protect their privacy given images of segments of their privacy policies. Some of the questions paired notices with, on the one hand, privacy protective practices displayed in difficult-to-read designs, and, on the other hand, invasive data use practices displayed in graphical, aesthetically pleasing ways. Many survey respondents seemed to make their privacy decisions based on design …

Lawyers' Abuse Of Technology, Cheryl B. Preston

Cornell Law Review

Lawyers are highly educated and, allegedly, of higher than average intelligence, but sometimes individual lawyers demonstrate colossal errors in judgment, especially when insufficiently trained in the new and emerging risks involved with the technological age. For instance, although the internet is a necessary tool for attorneys' and is now a prominent feature in the everyday lives of all actors in the legal system, this technology poses particularized and often unanticipated risks of professional and ethical abuse -- risks that are extraordinary both in quantity and intensity. As Harvard's Director of the Center for the Legal Profession warned: We are "only …

The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders

Utah Law Review

In a sense, war has not changed. The end results will always remain the same: death and destruction; even if that destruction is not fully tangible. The results may be instantaneous, or they may be delayed. It is only the means implemented to achieve these destructive ends that evolve. Cyberwarfare is a product of that evolution. Most importantly, we must always remain abreast of evolution and the changes in warfare in order to effectively and efficiently respond to new attacks, and to prevent them as well.

This Note sheds light on recent evolution in warfare. It enlightens the reader of …

Consumer Bitcredit And Fintech Lending, Christopher K. Odinet

Faculty Scholarship

The digital economy is changing everything, including how we borrow money. In the wake of the 2008 crisis, banks pulled back in their lending and, as a result, many consumers and small businesses found themselves unable to access credit. A wave of online firms called fintech lenders have filled the space left vacant by traditional financial institutions. These platforms are fast making antiques out of many mainstream lending practices, such as long paper applications and face-to-face meetings. Instead, through underwriting by automation — utilizing big data (including social media data) and machine learning — loan processing that once took days …