Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage,
2020
Touro Law Center
Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco
Touro Law Review
No abstract provided.
The Overlapping Web Of Data, Territoriality And Sovereignty,
2020
American University Washington College of Law
The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal
Contributions to Books
Provides a framework to better understand Global Legal Pluralism and the current international state of law.
Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.
Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.
Speech, Innovation, And Competition,
2020
University of Georgia School of Law
Speech, Innovation, And Competition, Greg Day
Scholarly Works
Critics contend that concentrated power in digital markets has generated threats to free speech. For a variety of reasons, market power is naturally thought to concentrate in digital markets. The consequence is that “big tech” is said to face little competition; Facebook controls 72 percent of the social media market while the parent of YouTube (72 percent of the video market) is Google (92 percent of the search market). This landscape has potentially vested private companies with unprecedented power over the flow of information. If Facebook, for example, decides to ban certain types of speech or ideas, it would potentially …
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 …
The Very Brief History Of Decentralized Blockchain Governance,
2020
Vanderbilt University Law School
The Very Brief History Of Decentralized Blockchain Governance, Michael Abramowicz
Vanderbilt Journal of Entertainment & Technology Law
A new form of blockchain governance involving the use of formal games that incentivize participants to identify focal resolutions to normative questions is emerging. This symposium contribution provides a brief survey of the literature proposing and critiquing the use of such mechanisms of decentralized decision-making, and it evaluates early laboratory and real-world experiments with this approach.
Networks Of Empathy,
2020
University of Georgia School of Law
Networks Of Empathy, Thomas E. Kadri
Scholarly Works
Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.
Although law can be a powerful tool to regulate digital abuse, legal responses are …
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.
Can Algorithms Promote Fair Use?,
2020
Professor of Law, Professor of Communication, and Director, Center for Law and Intellectual Property, Texas A&M University
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.
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.
Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy,
2020
Florida International University (FIU) College of Law, J.D. 2020
Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy, Brian E. Heckmann
FIU Law Review
No abstract provided.
Nonexcludable Surgical Method Patents,
2020
American University Washington College of Law
Nonexcludable Surgical Method Patents, Jonas Anderson
Scholarly Articles in Law Reviews & Journals
A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?
The traditional answer …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
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 …
People V. Robots: A Roadmap For Enforcing California's New Online Bot Disclosure Act,
2020
Vanderbilt University Law School
People V. Robots: A Roadmap For Enforcing California's New Online Bot Disclosure Act, Barry Stricke
Vanderbilt Journal of Entertainment & Technology Law
Bots are software applications that complete tasks automatically. A bot's communication is disembodied, so humans can mistake it for a real person, and their misbelief can be exploited by the bot owner to deploy malware or phish personal data. Bots also pose as consumers posting online product reviews or spread (often fake) news, and a bot owner can coordinate multiple social-network accounts to trick a network's "trending" algorithms, boosting the visibility of specific content, sowing and exacerbating controversy, or fabricating an impression of mass individual consensus. California's 2019 Bolstering Online Transparency Act (the "CA Bot Act') imposes conspicuous disclosure requirements …
Front Matter,
2019
Embry-Riddle Aeronautical University
Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime,
2019
District Attorney, Public Prosecutor’s Office Traunstein
Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield
Duke Law & Technology Review
The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …
Featurization And The Myth Of Data Empowerment,
2019
University of Washington School of Law
Featurization And The Myth Of Data Empowerment, Nur Lalji
Washington Journal of Law, Technology & Arts
Every day, we make a series of tradeoffs between privacy and convenience. We may check our email, post on social media, use the free Wi-Fi in public spaces, or take our cellphones with us wherever we go without a clear understanding of what information we are giving away when we do so. Increasingly, we are seeing products that claim to defy this opaqueness associated with big data and put users at the helm of their information. These "featurized" products wrap themselves in a data empowerment narrative, but ultimately erode individual privacy in new ways, sometimes even capitalizing on it. This …
A U.S. Dst? The Potential Impact Of The Cloud Regulations,
2019
University Michigan Law School
A U.S. Dst? The Potential Impact Of The Cloud Regulations, Reuven Avi-Yonah, Karen Sam
Articles
In this article, the authors explain how the recently proposed U.S. cloud computing regulations would apply to U.S. and foreign providers, and consider the potential consequences if the rule for permanent establishments and U.S. trades or businesses changes in 2020.
