Computer Law Commons^™

Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu

Washington International Law Journal

Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the trajectory of …

Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield

Military Cyber Affairs

Humans rely on machines in accomplishing missions while machines need humans to make them more intelligent and more powerful. Neither side can go without the other, especially in complex environments when autonomous mode is initiated. Things are becoming more complicated when law and ethical principles should be applied in these complex environments. One of the solutions is human-machine teaming, as it takes advantage of both the best humans can offer and the best that machines can provide. This article intends to explore ways of implementing law and ethical principles in artificial intelligence (AI) systems using human-machine teaming. It examines the …

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer

Washington Journal of Law, Technology & Arts

During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon W. Penney, Afsaneh Rigot, Ram Shankar Siva Kumar

Articles & Book Chapters

This paper critically assesses the adequacy and representativeness of physical domain testing for various adversarial machine learning (ML) attacks against computer vision systems involving human subjects. Many papers that deploy such attacks characterize themselves as “real world.” Despite this framing, however, we found the physical or real-world testing conducted was minimal, provided few details about testing subjects and was often conducted as an afterthought or demonstration. Adversarial ML research without representative trials or testing is an ethical, scientific, and health/safety issue that can cause real harms. We introduce the problem and our methodology, and then critique the physical domain testing …

Algorithmic Opacity, Private Accountability, And Corporate Social Disclosure In The Age Of Artificial Intelligence, Sylvia Lu

Vanderbilt Journal of Entertainment & Technology Law

Today, firms develop machine-learning algorithms to control human decisions in nearly every industry, creating a structural tension between commercial opacity and democratic transparency. In many of their commercial applications, advanced algorithms are technically complicated and privately owned, which allows them to hide from legal regimes and prevents public scrutiny. However, they may demonstrate their negative effects—erosion of democratic norms, damages to financial gains, and extending harms to stakeholders—without warning. Nevertheless, because the inner workings and applications of algorithms are generally incomprehensible and protected as trade secrets, they can be completely shielded from public surveillance. One of the solutions to this …

Zoning Cyberspace: Protecting Privacy In The Digital Upside Down, Raymond H. Brescia

Utah Law Review

Over fifty years ago, Charles Reich posited that we should extend property protections to what he would call “government largess”: that array of interests—from licenses to welfare benefits—that often form the bases for one’s economic existence in the modern world. Reich considered such protections essential to the preservation of individual autonomy, the independence that is critical to a functioning democracy. Today, our most personal information and even our thoughts, as reflected in our online activities and digital existence, are subject to “private largess.” Private entities possess information central to the identity of those individuals who utilize their services. This information …

Show Me The (Data About The) Money!, Nizan Geslevich Packin

Utah Law Review

Information about consumers, their money, and what they do with it is the lifeblood of the flourishing financial technology (“FinTech”) sector. Historically, highly regulated banks jealously protected this data. However, consumers themselves now share their data with businesses more than ever before. These businesses monetize and use the data for countless prospects, often without the consumers’ actual consent. Understanding the dimensions of this recent phenomenon, more and more consumer groups, scholars, and lawmakers have started advocating for consumers to have the ability to control their data as a modern imperative. This ability is tightly linked to the concept of open …

What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Horizontal Collusions Organized By Uber: Time For A Change In Canada, Thanh Phan

Canadian Journal of Law and Technology

This paper argues that Uber’s ordinary operation should be characterized as organizing horizontal cartels among drivers that not only fix the fares of ride- hailing services using its platform but also allocate customers. Uber-led cartels, therefore, violate section 45(1) of the Competition Act5 of Canada. In doing so, this paper analyzes the relationships between Uber and drivers and argues that (i) Uber is the organizer of price-fixing and market allocation collusions among drivers, (ii) the collusions are horizontal, and (iii) they are per se illegal.

The first section discusses the general structure of peer-to-peer markets. The second section examines factors …

Richard Susskind, Online Courts And The Future Of Justice (Oxford: Oxford University Press, 2019), David Cowan

Canadian Journal of Law and Technology

There are times when the essential nature of something is simply viewed as ‘nice to have’ until a paradigmatic shift turns the essential into a necessity, and necessity in technological change is not so much the mother of invention as the parent of behavioural change. This point is made clear by the Covid-19 pandemic, which has forced courts to put online and remote working at centre stage. There is a natural yearning to go back to ‘normal,’ but questions arise as to whether online courts are a good idea and whether attempts to work online and remotely will survive the …

Criminal Trespass And Computer Crime, Laurent Sacharoff

William & Mary Law Review

The Computer Fraud and Abuse Act (CFAA) criminalizes the simple act of trespass upon a computer—intentional access without authorization. The law sweeps too broadly, but the courts and scholars seeking to fix it look in the wrong place. They uniformly focus on the term “without authorization” when instead they should focus on the statute’s mens rea. On a conceptual level, courts and scholars understand that the CFAA is a criminal law, of course, but fail to interpret it comprehensively as one.

This Article begins the first sustained treatment of the CFAA as a criminal law, with a full elaboration of …

Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara

Journal of Digital Forensics, Security and Law

Following a series of high profile miscarriages of justice in the UK linked to questionable expert evidence, the post of the Forensic Science Regulator was created in 2008. The main objective of this role is to improve the standard of practitioner competences and forensic procedures. One of the key strategies deployed to achieve this is the push to incorporate a greater level of scientific conduct in the various fields of forensic practice. Currently there is no statutory requirement for practitioners to become accredited to continue working with the Criminal Justice System of England and Wales. However, the Forensic Science Regulator …

A Forensic First Look At A Pos Device: Searching For Pci Dss Data Storage Violations, Stephen Larson, James Jones, Jim Swauger

Journal of Digital Forensics, Security and Law

According to the Verizon 2018 Data Breach Investigations Report, 321 POS terminals (user devices) were involved in about 14% of the 2,216 data breaches in 2017 (Verizon, 2018). These data breaches involved standalone POS terminals as well as associated controller systems. This paper examines a standalone Point-of-Sale (POS) system which is ubiquitous in smaller retail stores and restaurants. An attempt to extract unencrypted data and identify possible violations of the Payment Card Industry Data Security Standard (PCI DSS) requirement to protect stored cardholder data were be made. Persistent storage (flash memory chips) were removed from the devices and their contents …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Preservation Requests And The Fourth Amendment, Armin Tadayon

Seattle University Law Review

Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …

Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal

Joint PIJIP/TLS Research Paper Series

No abstract provided.