Internet Law Commons^™

Lux In Arcana: Decoding The Right To Be Forgotten In Digital Archives, Patricia S. Abril, Eugenio Pizarro Moreno

Articles

On 13 May 2014, the European Court of Justice ruled that search engines such as Google had a duty to respect EU citizens' right to be forgotten. That is, the search engines-deemed "controllers" of information under the Directive-were obligated in some circumstances to remove or de-list links from search results that pertain to information that infringes on an individual's rights under the Directive. In the fall of 2015, the Spanish Supreme Court found itself obligated to determine the application of the digital right to be forgotten in a different context: This time in a digital newspaper archive. However, since …

Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher

Pace International Law Review

Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized …

Annual Report, 2016, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has had an exciting third year! From organizing national and international policy fora to helping local authorities generate best practices, the Lab continues its record of rigorous, impactful research.

Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

Publications and Research

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …

Vat In The Gcc - Missing Trader Frauds, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

All VATs are susceptible to missing trader (MT) fraud. VATs adopted in an economic community are particularly more susceptible. The EU, for example, loses in excess of €100b annually to this fraud. Given the anticipated adoption of a European-style credit-invoice VAT in the GCC by January 1, 2018, this paper offers a technology-based solution involving the real-time tracking of taxable transactions with centrally collected (securely encrypted) data flows that are risk-analyzed by artificial intelligence (AI).

Wearable Fitness Devices: Personal Health Data Privacy In Washington State, Steven Spann

Seattle University Law Review

Private entities are increasingly targeting individuals in the United States and around the world to gather personal data for such purposes as product development, market identification, and insurance risk assessment. While credit card records and online browsing histories have long been the medium through which this data is gathered, in more recent years, wearable fitness devices have added a new dimension to data production and collection. These devices are capable of gathering a significant amount of data regarding a person’s physical and physiological characteristics, thereby exposing these data producers to personal privacy infringement. Washington State lawmakers and citizens must be …

Data Institutionalism: A Reply To Andrew Woods, Zachary D. Clopton

Cornell Law Faculty Publications

In "Against Data Exceptionalism," Andrew K. Woods explores “one of the greatest societal and technological shifts in recent years,” which manifests in the “same old” questions about government power. The global cloud is an important feature of modern technological life that has significant consequences for individual privacy, law enforcement, and governance. Yet, as Woods suggests, the legal challenges presented by the cloud have analogies in age-old puzzles of public and private international law.

Identifying these connections is a conceptual advance, and this contribution should not be understated. But, to my mind, the most telling statement in Woods’s excellent article comes …

Personal Property Servitudes On The Internet Of Things, Christina Mulligan

Faculty Scholarship

No abstract provided.

From Old Spice To The Texas Law Hawk: How Inbound Marketing, Content Leadership And Social Media Can Level The Playing Field For Solo Practitioners, J. Mark Phillips, Kyle A. Huggins, Lora Mitchell Harding

The Journal of Business, Entrepreneurship & the Law

The advent of technological tools such as social media present the legal industry with the potential for both perilous liability and unparalleled rainmaking. However, the full potential of social media remains untapped in the legal field because the topic has yet to be fully integrated into a broader understanding of inbound marketing and content leadership. The current treatment of social media in the legal literature is uneven-it tends to disproportionately emphasize the potential liabilities over the benefits, and it fails to provide a thorough framework to guide its optimal use. This article aims to rectify this uneven treatment by situating …

Prosecuting Online Threats After Elonis, Michael Pierce

Northwestern University Law Review

In Elonis v. United States, decided last term, the Supreme Court vacated a conviction for online threats on the ground that the lower court erred in its instructions to the jury regarding mens rea. In doing so, however, the Court declined to articulate which mens rea standard would have sustained a conviction. It is thus currently uncertain which mens rea the government must prove when prosecuting online threats under 18 U.S.C. § 875(c). The Elonis Court discussed three potential mens rea standards; as universal standards for online threats, each leaves something to be desired. Fortunately, federal courts need not …

The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard

Journal of Intellectual Property Law

No abstract provided.

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

Journal of Intellectual Property Law

No abstract provided.

Social Casino Gaming: Legal (R)Evolution, Behnam Dayanim

International Conference on Gambling & Risk Taking

Social games—and social casino games— have exploded in popularity. As of 2012, 800 million people, or 12 percent of the world’s population, were playing social games at least once per month. That number is expected to double to 1.5 billion by the end of 2015.To put that number in perspective, as of 2012, only 50 million people are believed to have participated on real-money online gambling sites. Yet, the legal issues surrounding social casino gaming remain largely unexplored. Only now has litigation tentatively started to explore the outer limits of permissible social gaming. I propose to define "social" and "social …

Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram

Canadian Journal of Law and Technology

Dr. Smyth’s book is ambitious in its scope, seeking to trace the criminology and evolution of information technologies and cybercrime as the basis of current Canadian legislation and jurisprudence. It is intended as a concise student reference text or resource for those who are new to the subject area, studying in criminology and other areas, as opposed to law. A list of concepts and issues for discussion appears at the conclusion of each chapter and there is a glossary of technical (but not legal) terms at the end of the book. It takes a neutral and professorial approach, seeking to …

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

Nevada Law Journal

No abstract provided.

"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch

University of Arkansas at Little Rock Law Review

No abstract provided.

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Faculty Scholarship

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …

The Right To Repair Doctrine And The Use Of 3d Printing Technology In Canadian Patent Law, Tesh W. Dagne, Gosia Piasecka

Canadian Journal of Law and Technology

3D printing technology is part of a new economic movement, termed the sharing economy, where consumers rely less on large corporations for supplying them with products. The technology allows consumers to bypass the traditional manufacturing process. Instead, consumers increasingly share and sell products to each other on online sharing platforms. Consumers can download digital copies of products and print them in the convenience of their homes. In addition, they can repair and modify these products to suit their needs. Canadian patent law permits the repair of a patent-protected item but prohibits its reconstruction. However, the line between repair and reconstruction …

A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini

Michigan Law Review

Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further …

Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert J. Currie

Canadian Journal of Law and Technology

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry.

Using a pending border case …

Aereo Dynamics: "User Rights" And The Future Of Internet Retransmission In Canada, Pradeepan K. Sarma

Canadian Journal of Law and Technology

2014’s U.S. Supreme Court decision Aereo made waves in the entertainment and technology industry when it ruled in favour of a coterie of cable companies against an upstart start-up, Aereo Inc., retransmitting broadcast television over the internet. Little attention, however, has been paid to its ramifications to the Canadian broadcasting regime, with its vastly different regulatory scheme and an underlying objective to promote the dissemination of Canadian content. Complicating matters further is the 2012 Canadian Supreme Court decision Cogeco, where the retransmission of broadcast signals had been re-articulated as a ’user right’. This paper uses the Aereo decision as a …

It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow

Minnesota Journal of Law, Science & Technology

No abstract provided.

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review (1956 - )

No abstract provided.

Strategies For Protecting Privacy In Open Data And Proactive Disclosure, Teresa Scassa, Amy Conroy

Canadian Journal of Law and Technology

In this paper, the authors explore strategies for balancing privacy with transparency in the release of government data and information as part of the growing global open government movement. The issue is important because government data or information may take many forms, may contain many different types of personal information, and may be released in a range of contexts. The legal framework is complex: personal information is typically not released as open data or under access to information regimes; nevertheless, in some cases transparency requirements take precedence over the protection of personal information. The open courts principle, for example, places …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.