Computer Law Commons^™

Copyright Claims And Constitutional Games: The Constitutionality Of The Copyright Claims Board Following The Supreme Court Ruling In Arthrex, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Performance Assessment Of Some Phishing Predictive Models Based On Minimal Feature Corpus, Orunsolu Abdul Abiodun, Sodiya A.S, Kareem S.O, Oladimeji G. B Mr.

Journal of Digital Forensics, Security and Law

Phishing is currently one of the severest cybersecurity challenges facing the emerging online community. With damages running into millions of dollars in financial and brand losses, the sad tale of phishing activities continues unabated. This led to an arms race between the con artists and online security community which demand a constant investigation to win the cyberwar. In this paper, a new approach to phishing is investigated based on the concept of minimal feature set on some selected remarkable machine learning algorithms. The goal of this is to select and determine the most efficient machine learning methodology without undue high …

Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts

Notre Dame Law Review

Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of …

Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich

Fordham Law Review

Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …

Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben-Dor

Brooklyn Law Review

The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this Article, we canvass the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication …

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …

The Technologization Of Insurance: An Empirical Analysis Of Big Data And Artificial Intelligence’S Impact On Cybersecurity And Privacy, Shauhin A. Talesh, Bryan Cunningham

Utah Law Review

This Article engages one of the biggest issues debated among privacy and technology scholars by offering an empirical examination of how big data and emerging technologies influence society. Although scholars explore the ways that code, technology, and information regulate society, existing research primarily focuses on the theoretical and normative challenges of big data and emerging technologies. To our knowledge, there has been very little empirical analysis of precisely how big data and technology influence society. This is not due to a lack of interest but rather a lack of disclosure by data providers and corporations that collect and use these …

Don't Bite The Bait: Phishing Attack For Internet Banking (E-Banking), Ilker Kara

Journal of Digital Forensics, Security and Law

Phishing attacks are based on obtaining desired information from users quickly and easily with the help of misdirecting, panicking, curiosity, or excitement. Most of the phishing web sites are designed on internet banking(e-banking) and the attackers can acquire financial information of misled users with the tactics and discourses they develop. Despite the increase of prevention techniques against phishing attacks day by day, an effective solution could not be found for this issue due to the human factor. Because of this reason, real phishing attack studies are essential to study and analyze the attackers’ attack techniques and strategies. This study focused …

Cacophony Or Concerto?: Analyzing The Applicability Of The Wiretap Act’S Party Exception For Duplicate Get Requests, David Koenig

Fordham Law Review

The Electronic Communications Privacy Act (“Wiretap Act”) prohibits the intentional interception of an electronic communication. However, “parties to a communication” can intercept a communication without Wiretap Act liability. Parties include the intended recipients of a communication. When internet users navigate the internet, they communicate with websites using GET requests. The users’ GET requests call out to websites and websites respond by providing the websites’ content to the users. During this process, websites receive user data. This data can include information about the website visited, the search terms used to locate the website, and referral data identifying the last web page …

Building Legal Datasets, Jerrold Soh

Research Collection Yong Pung How School Of Law

Data-centric AI calls for better, not just bigger, datasets. As data protection laws with extra-territorial reach proliferate worldwide, ensuring datasets are legal is an increasingly crucial yet overlooked component of “better”. To help dataset builders become more willing and able to navigate this complex legal space, this paper reviews key legal obligations surrounding ML datasets, examines the practical impact of data laws on ML pipelines, and offers a framework for building legal datasets.

The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier

St. Mary's Law Journal

Emerging technologies of the Fourth Industrial Revolution show fundamental promise for improving productivity and quality of life, though their misuse may also cause significant social disruption. For example, while artificial intelligence will be used to accelerate society’s processes, it may also displace millions of workers and arm cybercriminals with increasingly powerful hacking capabilities. Similarly, human gene editing shows promise for curing numerous diseases, but also raises significant concerns about adverse health consequences related to the corruption of human and pathogenic genomes.

In most instances, only specialists understand the growing intricacies of these novel technologies. As the complexity and speed of …

Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng

University of Cincinnati Law Review

In recent years, states have launched several antitrust investigations targeting digital platforms. A major difficulty in these investigations is demonstrating the extent of a digital platform’s market power. Market power is defined as the control of the output or the price without the loss of business to competitors. As will be explored in this Article, market power is a critical component in an antitrust analysis. On several occasions, courts have adopted the switching costs approach in their analysis of market power. According to this approach, market power may be inferred when the costs of switching from one supplier to another …

Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson

Seattle University Law Review Online

No abstract provided.

In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller

International Law Studies

States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …

Effects Of Cloud Computing In The Workforce, Kevin Rossi Acosta

Cybersecurity Undergraduate Research Showcase

In recent years, the incorporation of cloud computing and cloud services has increased in many different types of organizations and companies. This paper will focus on the philosophical, economical, and political factors that cloud computing and cloud services have in the workforce and different organizations. Based on various scholarly articles and resources it was observed that organizations used cloud computing and cloud services to increase their overall productivity as well as decrease the overall cost of their operations, as well as the different policies that were created by lawmakers to control the realm of cloud computing. The results of this …

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …

Internet Of Things Software And Hardware Architectures And Their Impacts On Forensic Investigations: Current Approaches And Challenges, Abel Alex Boozer, Arun John, Tathagata Mukherjee

Journal of Digital Forensics, Security and Law

The never-before-seen proliferation of interconnected low-power computing devices, patently dubbed the Internet of Things (IoT), is revolutionizing how people, organizations, and malicious actors interact with one another and the Internet. Many of these devices collect data in different forms, be it audio, location data, or user commands. In civil or criminal nature investigations, the data collected can act as evidence for the prosecution or the defense. This data can also be used as a component of cybersecurity efforts. When data is extracted from these devices, investigators are expected to do so using proven methods. Still, unfortunately, given the heterogeneity in …

The Survey On Cross-Border Collection Of Digital Evidence By Representatives From Polish Prosecutors’ Offices And Judicial Authorities, Paweł Olber Dr

Journal of Digital Forensics, Security and Law

Dynamic development of IT technology poses new challenges related to the cross-border collection of electronic evidence from the cloud. Many times investigators need to secure data stored on foreign servers directly and then look for solutions on how to turn the data into a legitimate source of evidence. To study the situation and propose solutions, I conducted a survey among Polish representatives of public prosecutors' offices and courts. This paper presents information from digital evidence collection practices across multiple jurisdictions. I stated that representatives from the prosecution and the judiciary in Poland are aware of the issues associated with cross-border …