Computer Law Commons^™

Ai And Digital Tools In Workplace Management And Evaluation: An Assessment Of The Eu's Legal Framework, Valerio De Stefano, Mathias Wouters

Commissioned Reports, Studies and Public Policy Documents

This study focuses on options for regulating the use of AI enabled and algorithmic management systems in the world of work under EU law. The first part describes how these technologies are already being deployed, particularly in recruitment, staff appraisal, task distribution and disciplinary procedures. It discusses some near-term potential development prospects and presents an impact assessment, highlighting some of these technologies' most significant implications.

The second part addresses the regulatory field. It examines the different EU regulations and directives that are already relevant to regulating the use of AI in employment. Subsequently, it analyses the potential labour and employment …

The New Bailments, Danielle D’Onfro

Washington Law Review

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …

Unfair Collection: Reclaiming Control Of Publicly Available Personal Information From Data Scrapers, Andrew M. Parks

Michigan Law Review

Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large.

This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. …

Kelemahan Pelaksanaan Kebijakan Kriminal Terhadap Cyberbullying Anak Di Indonesia, Wenggedes Frensh

Indonesia Criminal Law Review

Advances in technology can create globalization that causes the world to be borderless. The rapid developing technology is information and communication technology. The development of information and communication technology is followed by the development of the internet which creates a cyberspace where crime is called cybercrime. One of the developing cybercrime is cyberbullying. In Indonesia, there are still weaknesses in the implementation of criminal policies against cyberbullying, so it is necessary to know the weaknesses in the cyberbullying criminal policies in Indonesia. The research method used is normative legal research (normative juridical) and empirical legal research (empirical juridical). The research …

Copyright Licensing And The Regulation Of China's Music Market: Searching For Transactional Efficiency And Fair Compensation, Chien-Chih (Jesse) Lu

Washington Journal of Law, Technology & Arts

China’s music copyright collecting society and its new music platforms, find points of commonality through constructing more efficient and profitable systems to generate more users and greater income. By undertaking a comparison of the various copyright regulations, cases, and statistics, this research aims to contribute to academic science by extracting frameworks and solutions from the United States and European licensing models and examining them in the context of China’s music market. It aims to discover rational approaches to connect rising technology and emerging economic incentives.

Appropriate solutions are proposed based on the influence of international treaties and legislative progress driven …

The Promised Land: Blockchain And The Fashion Industry, Shlomit Yanisky-Ravid, Grace Monroy

Brooklyn Law Review

Despite being a highly creative industry, the fashion industry lacks effective intellectual property (IP) protection in the United States. This article posits that, in the midst of the digital era, blockchain technology, particularly smart contracts, can remedy the failure of IP laws to protect fashion designs and create efficiencies that may dramatically improve the industry. Therefore, if the fashion industry were to adopt a blockchain-based platform, enabled by smart contracts, it could address many of the current challenges stemming from a lack of sufficient IP protection. This article explores the features of blockchain technology, including NFTS, and the application to …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …

Ai Derivatives: The Application To The Derivative Work Right To Literary And Artistic Productions Of Ai Machines, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article predicts that there will be attempts to use courts to try to broaden the derivative work right in litigation either to prevent the use of, or claim protection for, literary and artistic productions made by Artificial Intelligence (AI) machines. This Article considers the normative valence of, and the (significant) doctrinal pitfalls associated with, such attempts. It also considers a possible legislative alternative, namely attempts to introduce a new sui generis right in AI productions. Finally, this Article explains how, whether such attempts succeed or not, the debate on rights (if any) in productions made by AI machines is …

Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple

Georgia Journal of International & Comparative Law

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Digital Evidence In Appeals Of Criminal Cases Before The U.S. Courts Of Appeal: A Review Of Decisions And Examination Of The Legal Landscape From 2016 – 2020, Martin Novak

Journal of Digital Forensics, Security and Law

This study is a follow-up to Digital Evidence in Criminal Cases before the U.S. Courts of Appeal: Trends and Issues for Consideration – 2010 to 2015. The current study examines appeals of criminal cases before the United States Courts of Appeal from January 2016 through August 2020, where one or more appeal claims were related to digital evidence. The purpose of this research was to determine if the legal landscape has changed since 2015; examine the most relevant legal issues related to digital evidence; and analyze how precedential cases may have affected digital forensics as evidence.

Technical Behaviours Of Child Sexual Exploitation Material Offenders, Chad Steel, Emily Newman, Suzanne O'Rourke, Ethel Quayle

Journal of Digital Forensics, Security and Law

An exploration of the technological behaviours of previously convicted child sexual exploitation material (CSEM) offenders provides a foundation for future applied research into deterrence, investigation, and treatment efforts. This study evaluates the technology choices and transitions of individuals previously convicted of CSEM offenses. Based on their inclusion in two sex offender registries, anonymous survey results (n=78) were collected from English-speaking adults within the United States. CSEM offenders chose technologies based on both utility and perceived risk; peer-to-peer and web-browsers were the most common gateway technologies and showed substantial sustained usage; a substantial minority of users never stored CSEM and only …

Forensic Discoverability Of Ios Vault Applications, Alissa Gilbert, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Vault Applications are used to store potentially sensitive information on a smartphone; and are available on Android and iOS. The purpose of using these applications could be used to hide potential evidence or illicit photos. After comparing five different iOS photo vaults, each vault left evidence and photos behind. However, of the three forensic toolkits used, each produced different results in their scans of the phone. The media left behind was due to the photo vaults not protecting their information as claimed, and using basic obfuscation techniques in place of security controls. Future research will look at how newer security …

Governing The Interface Between Natural And Formal Language In Smart Contracts, Joshua A.T. Fairfield, Niloufer Selvadurai

Scholarly Articles

Much of the confusion about the proper regulation of smart contracts stems from the fact that both code and law are expressed in language. Natural (human) and formal (computer) languages are profoundly different, however. Natural language in the form of a true legal contract expresses human meaning and expectation. Code simply acts, and when code acts contrary to the understanding of the parties to a contract, courts must have a theoretical and legal basis in order to intervene--which this Article provides.

Present scholarship on the governance of smart contracts centers on logistical problems relating to the effects of automation on …

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield

Scholarly Articles

Markets for unique digital property--digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity--have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.

NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …