Internet Law Commons^™

Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock

Canadian Journal of Law and Technology

In this paper, I argue that PIPEDA could support a version of the right to be forgotten, subject to three important caveats. First, for search engines to meet the threshold applicability test under PIPEDA, their activities (i.e., crawling, indexing, organizing, etc.) must constitute the ‘‘collection, use or disclosure” of personal information. Ascribing such a role to search engines in information dissemination would likely require a court to distinguish the activities of search engines from hyperlinks on websites, which the Supreme Court in Crookes v. Newton determined did not involve control over content. Second, PIPEDA’s ‘‘all-or-nothing approach” means that if search …

The Secession Of The Successful: The Rise Of Amazon As Private Global Consumer Protection Regulator, Jane K. Winn

Articles

In 2005, the Americans for Fair Electronic Commerce Transactions (“AFFECT”) coalition issued a list of 12 principles it hoped would contribute to a new consensus about what constitutes fairness in online consumer transactions. A decade later, a cursory review of different jurisdictions indicates that, while there has been little discernable progress in the direction of the principles in the United States, other jurisdictions such as the European Union have made more progress.

However, the one jurisdiction in the world that comes closest to implementing all 12 principles across the full spectrum of consumer transactions is not a government at all, …

The End Of Ownership: Personal Property In The Digital Economy, Aaron Perzanowski, Jason Schultz

Books

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace.

The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that …

Anonymity, Cybercrime, And The Connection To Cryptocurrency, Jesse D. Bray

Online Theses and Dissertations

Cybercrime currently poses a significant threat to the infrastructure of the United States. It can exploit vulnerabilities within the Critical Infrastructure or (CI) systems that are increasingly interconnected. Although the increased interconnectedness allows for easier and more efficient communication it creates vulnerabilities that did not exist ten years ago. A lack of a standardized definition of cybercrime has made it increasingly difficult to create policy that will allow for more efficient interagency cooperation and concrete laws regarding cybercrime. Cybercrime thrives on the anonymity of the Internet with the use of specific browsers, The Onion Router for example, to access information …

Intellectual Property In News? Why Not?, Sam Ricketson, Jane C. Ginsburg

Faculty Scholarship

This Chapter addresses arguments for and against property rights in news, from the outset of national law efforts to safeguard the efforts of newsgathers, through the various unsuccessful attempts during the early part of the last century to fashion some form of international protection within the Berne Convention on literary and artistic works and the Paris Convention on industrial property. The Chapter next turns to contemporary endeavors to protect newsgatherers against “news aggregation” by online platforms. It considers the extent to which the aggregated content might be copyrightable, and whether, even if the content is protected, various exceptions set out …

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …

Managing Cyber Risks, Kristin N. Johnson

Georgia Law Review

Cyber risks are as pervasive as the technology that facilitates their execution. The threat of cyber attacks or plots to deploy cyber weapons against critical government entities, private businesses and domestic and international infrastructure resources creates a most significant risk management concern. Pernicious,perilous and ubiquitous, cyber risks have merged as the newest risk management frontier. While the consequences of cyber attacks against individual financial institutions may be alarming, the interconnectedness of the largest financial institutions in the global economy and their shared dependence on technology render these businesses and the systems that execute their transactions shockingly vulnerable. Because of the …

Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook

Articles by Maurer Faculty

No abstract provided.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore

Catholic University Journal of Law and Technology

No abstract provided.

Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute

Michigan Journal of International Law

The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …

Reputation And Defamatory Meaning On The Internet: Communications, Contexts And Communities, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The determination of the appropriate scope of protection of reputation in the tort of defamation is crucially dependent on the construction of defamatory meaning. With the continuing rise of Internet publications, it is important to assess the impact of the various modes of Internet communications such as Internet websites, hyperlinking, blogs, emails, Twitter, Facebook and other forms of social media on defamatory meaning. Such defamatory meaning is being constructed based on the unique contexts and social expectations that have been generated by the various modes of Internet communications. The potential impact on defamatory meaning can also be assessed from the …

Cutting Out The Middleman: Why "Look And Feel" Should Be Ignored In Trade Dress Law, Nicholas Dimarino

St. John's Law Review

(Excerpt)

Part I of this Note discusses the background and elements of general trade dress law. Part II discusses the narrower issue of "look and feel" in the context of websites and outlines how courts have currently addressed the "look and feel" issue. Part III proposes that courts ignore the artificial "look and feel" distinction and instead apply normal trade dress analyses and elements. This solution, which requires that courts adhere to a workable standard that serves the underlying purpose of trade dress law, allows recognition of the distinctive characteristics of website trade dress claims, while reducing the risk of …

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Doj’S “All-Tools” Approach To Cyber And National Security, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker

Homeland Security Publications

No abstract provided.

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …

Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint

Loyola of Los Angeles Entertainment Law Review

This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …

Economies Of The Internet I: Intersections, Kylie Jarrett, Julia Velkova, Peter Jakobsson, Roderick Graham, David Gehring

Sociology & Criminal Justice Faculty Publications

The internet has increasingly been conceptualized as a space of economic activity. This contemporary imaginary has been particularly influenced by insights from the school of Autonomist Marxism in the foundational work of Tiziana Terranova and through the dominance of Christian Fuchs’ application of Marxist economic concepts. While this has generated great insight into the political economy of the internet, and in particular allowed for the conceptualization of user activity as labor, this approach is only one paradigm for considering the economic activities and implications of the internet. For internet research, there is also the need to move beyond the long …

Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan

The Journal of Business, Entrepreneurship & the Law

This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and …

Note: A Series Of (Inseparable) Tubes? “New Media” Streaming And The Impact Of In Re. Pandora Media, Related Decisions, And Performance Licensing In The Internet Era, Ross Coker

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer

The Journal of Business, Entrepreneurship & the Law

In this Paper, we discuss the central benefit of the sharing economy thus far: it has overcome market imperfections without recourse to regulatory bodies prone to capture by entrenched firms. As an introduction to the various issues surrounding this ongoing debate, we begin with an explanation of the sharing economy. Then we review the traditional “consumer protection” rationales for economic regulation and explain why many regulations persist even though their initial justifications are no longer valid. We argue continued application of these outmoded regulatory regimes is likely to harm consumers. In the last section, we explain how the Internet and …

Fairness, Trust And Security In Online Dispute Resolution, Noam Ebner, John Zeleznikow

Journal of Public Law and Policy

No abstract provided.

Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage

Michigan Business & Entrepreneurial Law Review

Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus …