Internet Law Commons^™

Cyber Strategy & Policy: International Law Dimensions, Matthew C. Waxman

Faculty Scholarship

Important international law questions for formulating cyber strategy and policy include whether and when a cyber-attack amounts to an “act of war,” or, more precisely, an “armed attack” triggering a right of self-defense, and how the international legal principle of “sovereignty” could apply to cyber activities. International law in this area is not settled. There is, however, ample room within existing international law to support a strong cyber strategy, including a powerful deterrent. The answers to many international law questions discussed below depend on specific, case-by-case facts, and are likely to be highly contested for a long time to come. …

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 Third-Party Doctrine And The Future Of The Cloud, Neil M. Richards

Scholarship@WashULaw

When the government seeks electronic documents held in the cloud, what legal standard should apply? This simple question raises fundamental questions about the future of our civil liberties in the digital world. In a series of cases, government lawyers have argued that information shared with digital intermediaries—including emails and cloud-stored documents—can be seized without a warrant. Their argument rests upon a controversial Fourth Amendment principle known as the “Third-Party Doctrine,” which maintains that information shared even with trusted “third parties” loses a reasonable expectation of privacy under the Fourth Amendment, and with it, the protection of the warrant requirement. Criminal …

Secret Government Searches And Digital Civil Liberties, Neil M. Richards

Scholarship@WashULaw

In Secret Government Searches and Digital Civil Liberties, Neil Richards tackles the issue of what he describes as “secret government searches”—namely, examples of government surveillance that remain a secret to the search target. These can be physical or digital, carried out with a warrant or without, and unknown to everyone but the government or facilitated by a private company that is prohibited from notifying the target. Richards places these secret searches in historical, technological, and constitutional context and argues that they are unprecedented, historically and technologically, and inconsistent with key constitutional values, including freedom of thought, freedom of expression, and …

Trusting Big Data Research, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Although it might puzzle or even infuriate data scientists, suspicion about big data is understandable. The concept doesn’t seem promising to most people. It seems scary. This is partly because big data research is shrouded in mystery. People are unsure about organizations’ motives and methods. What do companies think they know about us? Are they keeping their insights safe from hackers? Are they selling their insights to unscrupulous parties? Most importantly, do organizations use our personal information against us? Big data research will only overcome its suspicious reputation when people can trust it.

Some scholars and commentators have proposed review …

Social Justice And Silicon Valley: A Perspective On The Apple-Fbi Case And The “Going Dark” Debate, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Cybermedicine: The Benefits And Risks Of Purchasing Drugs Over The Internet, David Mills

Journal of Technology Law & Policy

In today's rapidly changing world of e-commerce, almost anything can be bought over the Internet and delivered right to your front door. Virtually every day there is news of yet another company selling some type of product online. Included in this barrage of products is prescription medication. Not only is it possible to order prescription medication over the Internet, in some cases it is not necessary to be examined, or even to consult with a physician. To some, this new type of "cybermedicine" is an affront to traditional medicine, as well as potentially dangerous to consumers. In addition, the availability …

Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood

Journal of Legislation

While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S. Congress has nonetheless to date refused to seriously address the root cause of these threats. The root cause is a legally reinforced incentive system that encourages, and further entrenches, top management decisions that provide inadequate resources for, and inadequate top management attention to, information security and privacy …

Governance By Proxy: Cyber Challenges To Civil Liberties, Niva Elkin-Koren, Eldar Haber

Brooklyn Law Review

No abstract provided.

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …

The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera

St. Mary's Journal on Legal Malpractice & Ethics

This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social …

Defining Hate Speech, Andrew Sellars

Faculty Scholarship

There is no shortage of opinions about what should be done about hate speech, but if there is one point of agreement, it is that the topic is ripe for rigorous study. But just what is hate speech, and how will we know it when we see it online? For all of the extensive literature about the causes, harms, and responses to hate speech, few scholars have endeavored to systematically define the term. Where other areas of content analysis have developed rich methodologies to account for influences like context or bias, the present scholarship around hate speech rarely extends beyond …

Private Lawmaking In Commercial Cyberspace, Eliza Mik

Research Collection Yong Pung How School Of Law

No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …

Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley

Journal of Intellectual Property Law

No abstract provided.

Privatization Of The Judiciary, Eldar Haber

Seattle University Law Review

The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …

A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard

Seattle University Law Review

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an …

Trucks, Trains, And Transformation: Net Neutrality Lessons From The First Cyberlaw Symposium, Michael Risch, Christie L. Larochelle

Villanova Law Review (1956 - )

No abstract provided.

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Journal of Intellectual Property Law

No abstract provided.

Internet Payment Blockades, Annemarie Bridy

Florida Law Review

Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary to create binding public law requiring payment processors like MasterCard and Visa to act as intellectual property enforcers, “non-regulatory” intervention from the executive branch secured their cooperation as a matter of private ordering. The resulting voluntary best practices agreement prescribes a notice-and-termination protocol that extends the reach of U.S. intellectual property law into cyberspace, to merchants operating “foreign infringing sites.” It …

Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril

Management Faculty Publications and Presentations

Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …

Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter

Faculty Publications

Libraries collaborate to digitize collections large and small in order to provide information with fewer geographical, temporal, or socio-economic barriers. These collaborations promise economy of scale and breadth of impact, both for access to content and for preservation of decaying print source material. Some suggest this increased access to information through the digital environment comes at the expense of reader privacy, a value that United States librarians have advanced for nearly eighty years. Multiplying risks to digital reader privacy are said to weaken librarians’ commitment to privacy of library use and to overwhelm libraries’ ability to ensure confidential access to …

Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

How The Washington State Supreme Court Wrongly Applied The Communications Decency Act In Village Voice, And What It Means For Internet Service Providers, Samuel J. Daheim

Washington Journal of Law, Technology & Arts

In passing the Communications Decency Act of 1996 (CDA), Congress sought to promote and protect the ever-evolving free market of voices and ideas available on the internet. In order to reach this end, section 230(c) of the CDA extends protection from liability to those who provide a means for disseminating speech on the web, dubbed by the statute as “interactive computer service providers” (ICSP). Section 230 protects ICSPs from liability for harm inflicted by content created and posted by third parties on their respective forums. This Article focuses on a 2015 Washington State Supreme Court decision, J.S. v. Village Voice …

Consumers’ Obsession Becoming Retailers’ Possession: The Way That Retailers Are Benefiting From Consumers’ Presence On Social Media, Vivian Adame

San Diego Law Review

Retailers can profit from consumers’ social media presence in two ways: (1) through inadequate privacy laws; and (2) through retailers’ reposting of consumers intellectual property uploaded to social media sites. The California Legislature passed the Online Privacy Protection Act (CalOPPA), which moved towards protecting the privacy rights of consumers. However, the Legislature’s inability to hold retailers accountable under CalOPPA leaves consumers susceptible to the invasive technologies retailers use to collect social media users’ information, which they in turn sell and profit from. To better protect consumers on social media, the legislature should first enact a privacy law restricting retailers’ and …

Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services, Tyler Delhees

Independent Study Project (ISP) Collection

On January 6, 2016, the Moroccan telecommunications regulatory agency, the ANRT, announced a ban onVoice Over Internet Protocol(VoIP) calling services such as Skype, WhatsApp, and Viber. The ban triggered sweeping opposition among the Moroccan public, opening discussion of digital rights, censorship, and Internet governance. Considering liberal democratic rights in the 2011 Moroccan Constitution and a history of censorship, this study analyzes the official justification of the ANRT alongside additional explanations involving business interests and the security services. The purpose of this study is to gauge the perceptions of Moroccans on the decision of the ANRT and provide a holistic explanation. …

Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow

Loyola of Los Angeles Law Review

No abstract provided.

Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Being a hyper-connected society, our national security is also increasingly being redefined by threats in the cyberspace. Cyberattacks have evolved from a nontraditional security threat to a new domain of intense conflict, involving deception and sabotage.

A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith

Journal of Intellectual Property Law

No abstract provided.

Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder

The University of Cincinnati Intellectual Property and Computer Law Journal

Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of …