The Code Of The Platform,
2020
Indiana University, Kelley School of Business
The Code Of The Platform, Todd Haugh, Abbey Stemler, Joshua E. Perry
Georgia Law Review
Digital platform-based businesses such as Uber,
eBay, and Google have become ubiquitous in our daily
lives. They have done so by expertly harnessing
technology to bring supply- and demand-side users
together for commercial and social exchange. Users are
happy to let these platform companies play
“matchmaker” because transaction costs are lowered—it
is easier to find or give a ride, buy or sell a product, or
obtain almost any kind of information than ever before—
and platforms are happy to be at the center of the
exchange, taking advantage of network effects to become
wildly successful. Despite the success of these …
The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws,
2020
University of Georgia School of Law
The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws, Zachary P.T. Lundgren
Georgia Law Review
In 2018, on the heels of intense debate and
widespread media campaigns, the FCC repealed its
2015 regulations protecting net neutrality. The repeal
continued to stoke controversy after it was announced,
facing congressional and legal challenges almost
immediately. The most interesting response, however,
has been the passage of state net neutrality laws in
California, Oregon, Vermont, and Washington. The first
of their kind, these four laws largely purport to reinstate
the 2015 net neutrality rules within state lines.
Rather than take sides in the net neutrality debate,
this Note focuses on these novel state laws and,
principally, whether they will …
Cyberattacks And The Constitution,
2020
Columbia Law School
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems,
2020
United States Marine Corps
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
SMU Science and Technology Law Review
No abstract provided.
Machines Finding Injustice,
2020
University of California, Davis
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
SMU Science and Technology Law Review
With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …
Notice And Choice Must Go: The Collective Control Alternative,
2020
Chicago-Kent College of Law
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
SMU Science and Technology Law Review
Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”,
2020
Southern Methodist University, Dedman School of Law
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
SMU Science and Technology Law Review
No abstract provided.
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape,
2020
Southern Methodist University, Dedman School of Law
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
SMU Science and Technology Law Review
No abstract provided.
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies,
2020
Southern Methodist University, Dedman School of Law
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
SMU Science and Technology Law Review
No abstract provided.
Front Matter,
2020
Southern Methodist University
Copyright Law’S Impact On Machine Intelligence In The United States And The European Union,
2020
Professor of Law, Loyola University Chicago School of Law
Copyright Law’S Impact On Machine Intelligence In The United States And The European Union, Matthew Sag
FIU Law Review
No abstract provided.
National Cybersecurity Innovation,
2020
California Western School of Law
National Cybersecurity Innovation, Tabrez Y. Ebrahim
Faculty Scholarship
National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …
Transnational Government Hacking,
2020
American University Washington College of Law
Transnational Government Hacking, Jennifer C. Daskal
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Immersive Virtual Reality: Minnesota Legislature’S Opportunity To Protect Children From Sexual Exploitation By Enacting A Well-Defined Criminal Statute,
2020
Mitchell Hamline School of Law
Immersive Virtual Reality: Minnesota Legislature’S Opportunity To Protect Children From Sexual Exploitation By Enacting A Well-Defined Criminal Statute, Justine Wagner
Mitchell Hamline Law Review
No abstract provided.
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?,
2020
California State University - Northridge
How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr
Catholic University Journal of Law and Technology
In the Disney film Bambi, when the young rabbit Thumper says that Bambi “is kinda wobbly” and “doesn’t walk too good,” Thumper’s mother tells him “if you can’t say something nice, don’t say anything at all.” The Des Moines Register seems to have forgotten Thumper’s Rule when it uncovered Carson King’s teenage tweets and canceled the relationship he had built with Busch Light while raising $3 million for the Stead Family Children’s Hospital. #CancelCulture is a social media phenomenon, where some people use their voices to cancel the platform enjoyed by others. It is the 2019 equivalent of the …
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?,
2020
Catholic University of America (Student)
The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland
Catholic University Journal of Law and Technology
Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …
Secret Algorithms, Ip Rights, And The Public Interest,
2020
Southern Methodist University, Dedman School of Law
Secret Algorithms, Ip Rights, And The Public Interest, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The secrecy surrounding the algorithms that play a central role in American life today is proving to have alarming effects. Judges and juries are convicting defendants based on secret evidence. Major advertisers like Facebook are discriminating against minorities seeking housing. And Russians may very well be hacking our voting machines to change election outcomes. The algorithm secrecy underlying these results obscures whether such legal outcomes are actually accurate and fair or whether they were based on faulty evidence, affected by bias, or manipulated by outside influences. These are just a handful of the public-interest perils of algorithm secrecy. This Article …
Facebook And The Future Of Fair Housing Online,
2020
University of Oklahoma College of Law
Facebook And The Future Of Fair Housing Online, Jacob Parker Black
Oklahoma Law Review
No abstract provided.
Introduction: Intelligent Entertainment: Shaping Policies On The Algorithmic Generation And Regulation Of Creative Works,
2020
Professor of Law, FIU College of Law
Introduction: Intelligent Entertainment: Shaping Policies On The Algorithmic Generation And Regulation Of Creative Works, Hannibal Travis
FIU Law Review
No abstract provided.
Can Algorithms Promote Fair Use?,
2020
Professor of Law, Professor of Communication, and Director, Center for Law and Intellectual Property, Texas A&M University
