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Full-Text Articles in Science and Technology Law

Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir Jan 2022

Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir

Cardozo Arts & Entertainment Law Journal

Section 230 of the Communications Decency Act, a foundational law enabling the modern internet, is under threat despite its critical role in protecting online platforms from liability for user-generated content. The article argues that Section 230 is essential for promoting free speech and innovation, as its repeal would force platforms to censor content to avoid liability, fundamentally altering the internet. Critics often misunderstand the law, and bipartisan attacks jeopardize its future, risking the unravelling of the internet as we know it.


Keynote Address, Christopher J. Buccafusco, Jeff Kosseff Jan 2022

Keynote Address, Christopher J. Buccafusco, Jeff Kosseff

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution and impact of Section 230 of the Communications Decency Act, highlighting its role in shaping internet speech and liability. It traces the law's origins, key court rulings, and current debates about its future. The speaker emphasizes the need for informed discussion to address concerns about harmful content, platform moderation, and free speech.


Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop Jan 2022

Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop

Cardozo Arts & Entertainment Law Journal

This Article presents the first in-depth analysis of the privacy law implications, under both the Fourth Amendment to the United States Constitution and individual states' biometric data privacy laws, resulting from National Collegiate Athletic Association (NCAA) member institutions mandating that athletes wear athlete biometric data (ABD) tracking devices. The Article provides the NCAA' and its member institutions, athletes, and Congress with recommendations of how to respond to the privacy law concerns that exist in a period of expanded ABD collection, use, and storage. Part I discusses the growing practice of athletics departments requiring intercollegiate athletes to wear ABD tracking devices. …


Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen Jan 2022

Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Opening Remarks, Christopher J. Buccafusco, Matthew Vernace Jan 2022

Opening Remarks, Christopher J. Buccafusco, Matthew Vernace

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert Jan 2022

Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert

Cardozo Arts & Entertainment Law Journal

The article critically examines the impact of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), arguing that these laws have disproportionately harmed sex workers by leading to widespread deplatforming and increased criminalization. While FOSTA/SESTA aimed to combat sex trafficking, the author contends that the legislation conflated sex work with trafficking, resulting in the shutdown of harm reduction platforms and exacerbating risks for sex workers. The article emphasizes the need to center the voices of marginalized communities in policy-making and advocates for decriminalization as a more effective approach to preventing exploitation.


Opening Remarks, Anna Antonova, Michael Burstein Jan 2021

Opening Remarks, Anna Antonova, Michael Burstein

Cardozo Arts & Entertainment Law Journal

The article celebrates the 75th anniversary of the Lanham Act, reflecting on its enduring influence on trademark law while addressing its evolution in response to new legal and technological challenges. It highlights the symposium's exploration of the Act's history, its adaptation to modern issues such as internet-related disputes and First Amendment concerns, and its continued relevance in shaping intellectual property law. The piece also underscores the role of the Cardozo Arts & Entertainment Law Journal as a leading platform for scholarly discourse in intellectual property and related fields.


Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao Jan 2021

Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao

Cardozo Arts & Entertainment Law Journal

Visual artists in countries that do not recognize the artist's resale right are at an economic disadvantage, while some countries that recognize the right experience practical difficulties in identifying and tracking resales that are subject to royalty payments for artists. As blockchain technology becomes increasingly applied to the creative industries, the full extent of its potential in enforcing droit de suite by improving the traceability of physical artwork has yet to be realized. Blockchain can be an effective mechanism for enforcing the artist's resale right as an alternative to collective management organizations. Through an analysis of the ability of blockchain …


The Fourth Amendment At The Border, Daniel Farrell Jan 2021

The Fourth Amendment At The Border, Daniel Farrell

Cardozo Arts & Entertainment Law Journal

The note addresses the tension between the Fourth Amendment protections against unreasonable searches and the border search exception, focusing on electronic devices. It argues that despite the border exception, which allows warrantless searches, electronic devices should be treated differently due to the vast personal data they contain. The author advocates for a uniform standard requiring probable cause for invasive searches of electronic devices at the border to balance privacy rights with national security concerns.


Post-Etherdelta: Clarifying Liabilities For Cryptocurrency Exchanges And Market Participants, Robert Sistoso Jan 2021

Post-Etherdelta: Clarifying Liabilities For Cryptocurrency Exchanges And Market Participants, Robert Sistoso

Cardozo Arts & Entertainment Law Journal

The rise of cryptocurrencies has led to the development of both centralized and decentralized exchanges, which face significant regulatory challenges under U.S. securities laws. The SEC has applied the Howey test to determine whether tokens qualify as securities, and its enforcement actions, such as against EtherDelta, highlight the need for clarity on the liabilities of developers, operators, and users in decentralized systems. The article advocates for the SEC to refine its regulatory approach to balance investor protection with the promotion of innovation in blockchain technology.


Fashion Forward: Fashion Innovation In The Era Of Disruption, Francesca M. Witzburg Jan 2021

Fashion Forward: Fashion Innovation In The Era Of Disruption, Francesca M. Witzburg

Cardozo Arts & Entertainment Law Journal

The fashion industry, a significant global economic and cultural force, faces disruption from fast fashion and digital acceleration, challenging traditional legal protections. While the U.S. offers limited intellectual property (IP) safeguards for fashion designs compared to the European Union, the industry's rapid evolution suggests that innovation through new business models, rather than stricter IP laws, may be the key to future success.


Is It Really A #Ad? An Increase In Rising Influencers Posting Fake Sponsored Content, Amanda Guzman Jan 2021

Is It Really A #Ad? An Increase In Rising Influencers Posting Fake Sponsored Content, Amanda Guzman

Cardozo Arts & Entertainment Law Journal

No abstract provided.


"Gigi, Over Here!": Celebrity Use Of Copyrighted Paparazzi Photographs, Dylan B. Reich Jan 2021

"Gigi, Over Here!": Celebrity Use Of Copyrighted Paparazzi Photographs, Dylan B. Reich

Cardozo Arts & Entertainment Law Journal

The note argues that celebrities should have limited rights to use paparazzi-taken photos of themselves, balancing their rights with those of photographers. It proposes that non-commercial use by celebrities could be permissible under certain legal doctrines.


Copyright Issues With The "Black Hole" Image And Their Legal Implications, Yahong Li Jan 2020

Copyright Issues With The "Black Hole" Image And Their Legal Implications, Yahong Li

Cardozo Arts & Entertainment Law Journal

The release of the world'sfirst-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image 's copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a …


Governing The Patent Commons, Dirk Auer, Julian Morris Jan 2020

Governing The Patent Commons, Dirk Auer, Julian Morris

Cardozo Arts & Entertainment Law Journal

Thousands of patents underpin the technologies that power the digital economy. Coordination among firms developing and implementing these novel technologies has notably been facilitated in large part by Standards Developing Organizations (SDOs). Despite the evident benefits of standardization in general and SDOs in particular, certain aspects of these processes have come under severe scrutiny from scholars, antitrust authorities, and courts. These critics argue that the standardization space suffers from two crippling market failures, namely "patent holdup" and "royalty stacking." They thus conclude that opportunistic firms will squeeze their rivals 'profits, harming consumers and stifling innovation in the process. However, recent …


One Consumer’S Trash Is Another’S Treasure: Upcycling’S Place In Trademark Law, Jolie Brett Schenerman Jan 2020

One Consumer’S Trash Is Another’S Treasure: Upcycling’S Place In Trademark Law, Jolie Brett Schenerman

Cardozo Arts & Entertainment Law Journal

The note argues that upcycling, the process of creating new, high-value products from salvaged materials, should be protected under trademark law's fair use doctrine. It contends that upcycling, unlike traditional infringement, does not confuse consumers about the source of goods and instead creates transformative works that benefit both sustainability and brand relevance. The analysis draws parallels between upcycling and parody, advocating for similar legal protections, and highlights the evolving relationship between luxury brands and upcyclers, from litigation to collaboration.


The Current Application Of The Myriad And Mayo/Alice Rulings On Patent Eligibility: Inconsistent Results And Contradistinguishing Biotechnology Products, Skye Cho Jan 2020

The Current Application Of The Myriad And Mayo/Alice Rulings On Patent Eligibility: Inconsistent Results And Contradistinguishing Biotechnology Products, Skye Cho

Cardozo Arts & Entertainment Law Journal

The note examines the inconsistent application of the patent eligibility framework under Section 101 of the Patent Act, particularly in biotechnology. It argues that despite efforts by the USPTO to clarify the framework through memos and examples, courts have applied it inconsistently, leading to discrimination against biotechnology products. The analysis focuses on key Supreme Court decisions, such as Myriad Genetics and Mayo, and their impact on the patent eligibility of biotechnological innovations. The note highlights the need for clearer guidance to ensure consistent outcomes and fair treatment of biotechnological inventions.


Where Victims Of Data Breach Stand: Why The Breach Of Personally Identifying Information Should Be Federally Codified As Sufficient Standing For Data Breach Causes Of Action, Gabriela Nastasi Jan 2020

Where Victims Of Data Breach Stand: Why The Breach Of Personally Identifying Information Should Be Federally Codified As Sufficient Standing For Data Breach Causes Of Action, Gabriela Nastasi

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett Jan 2020

Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Transforming “Total Concept And Feel”; Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys J. Craig Jan 2020

Transforming “Total Concept And Feel”; Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys J. Craig

Cardozo Arts & Entertainment Law Journal

Copyright infringement doctrine currently overprotects copyright owners against the perceived wrong of copying, failing to adequately countenance copying as an essential part of the authorial creative process. Drawing on existing infringement doctrine in the United States and Canada, this Article will offer an interpretation of "substantial similarity" that opens up (or at least better safeguards) space for creative copying that is to say, copying that substantially transforms the original copied work and, in doing so, advances the public interest goals of the copyright system. Part I lays the groundwork by briefly presenting a dialogic vision of authorship that complicates conventional …


Governing The Internet Of Everything, Scott J. Shackelford Jan 2019

Governing The Internet Of Everything, Scott J. Shackelford

Cardozo Arts & Entertainment Law Journal

Since the term was first coined in the late 1990s, the "Internet of Things" has promised a smart, interconnected world enabling your toaster to text you when your breakfast is ready, and your sweatshirt to give you status updates during your workout. This rise of "smart products" such as Internet-enabled appliances has the potential to revolutionize both business and society. But the smart wave will not stop with stuff with related trends such as the Internet of Bodies now coming into vogue. It seems that, if anything, humanity is headed toward an Internet of Everything. Yet it is an open …


Once Upon A Time In Nft: Blockchain, Copyright, And The Right Of First Sale Doctrine, Katya Fisher Jan 2019

Once Upon A Time In Nft: Blockchain, Copyright, And The Right Of First Sale Doctrine, Katya Fisher

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Illicit Antiquities Trade As A Funding Source For Terrorism: Is Blockchain The Solution?, Taylor Moskowitz Jan 2019

The Illicit Antiquities Trade As A Funding Source For Terrorism: Is Blockchain The Solution?, Taylor Moskowitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Blockchain Technology: The Blueprint For Rebuilding The Music Industry?, Jaclyn Wishnia Jan 2019

Blockchain Technology: The Blueprint For Rebuilding The Music Industry?, Jaclyn Wishnia

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack Jan 2019

Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta Jan 2019

Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta

Cardozo Arts & Entertainment Law Journal

No abstract provided.


"Alexa, Can You Buy Whole Foods?": An Analysis Of The Intersection Of Antitrust Enforcement And Big Data In The Amazon-Whole Foods Merger, Marc J. Veilleux Jr. Jan 2019

"Alexa, Can You Buy Whole Foods?": An Analysis Of The Intersection Of Antitrust Enforcement And Big Data In The Amazon-Whole Foods Merger, Marc J. Veilleux Jr.

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Brief Introduction To Digital Art & Blockchain, Jessica Bookout, Lauren Cimbol, Shannon Leigh Collins, Devin L. Newman Jan 2019

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.


Introductions, Julia Spivak, Tonya M. Evans Jan 2019

Introductions, Julia Spivak, Tonya M. Evans

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Panel 1: Digital Art And Digital Collectibles, Ross Blum, Steve R. Schindler, Amy Whitaker, Elena Zavelev, Christopher Buccafusco Jan 2019

Panel 1: Digital Art And Digital Collectibles, Ross Blum, Steve R. Schindler, Amy Whitaker, Elena Zavelev, Christopher Buccafusco

Cardozo Arts & Entertainment Law Journal

No abstract provided.