Information Mischief Under The Trump Administration,
2019
SMU Dedman School of Law
Information Mischief Under The Trump Administration, Nathan Cortez
Chicago-Kent Law Review
The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.
Better Left Forgotten: An Argument Against Treating Some Social Media And Digital Assets As Inheritance In An Era Of Platform Power,
2019
Brooklyn Law School
Better Left Forgotten: An Argument Against Treating Some Social Media And Digital Assets As Inheritance In An Era Of Platform Power, Shelly Kreiczer-Levy, Ronit Donyets-Kedar
Brooklyn Law Review
Restraining technological platforms’ power has become one of the main concerns of our era. The control over cyberspace and data ownership are among the key issues addressed in the literature. Yet, the ongoing vigorous debate surrounding the inheritance of digital assets remains surprisingly oblivious of the platform’s involvement in shaping memory and continuity. Current legal scholarship and legislation ask whether social network profiles are inheritable property; they balance the user’s privacy and wishes against family members’ interests, without addressing or even considering the corporate power at play. This article argues that we are constantly asking the wrong questions. Instead of …
On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective,
2019
Brooklyn Law School
On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams
Brooklyn Journal of Corporate, Financial & Commercial Law
On May 14, 2018, Justice Alito delivered the majority opinion for the United States Supreme Court in Murphy v. National Collegiate Athletic Association (NCAA). The Professional and Amateur Protection Act (PASPA), a twenty-six-year-old federal statute, was deemed unconstitutional; thus, this decision allows state legislatures to legalize sports betting within their borders. With many states independently legalizing sports gambling, the regulatory landscape throughout the country is becoming a patchwork of state statutes. Additionally, top tier sporting organizations heavily depend on data analytics to formulate game plan strategy, train efficiently, rehab player injuries, gauge team and player performance, etc. The popularity of …
Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use,
2019
Brooklyn Law School
Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the past decade, YouTube saw an upsurge in the popularity of “Let’s Play” videos. While positive for YouTube, this uptick was not without controversy. Let’s Play videos use unlicensed copyrighted materials, frustrating copyright holders. YouTube attempted to curb such usages by demonetizing and removing thousands of Let’s Play videos. Let’s Play creators struck back, arguing that the fair use doctrine protects their works. An increasing number of powerful companies, like Nintendo, began exploiting the ambiguity of the fair use doctrine against the genre; forcing potentially legal works to request permission and payment for Let’s Play videos, without a determination …
Exploring The Interfaces Between Big Data And Intellectual Property Law,
2019
Vanderbilt University Law School
Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big Data corpora, copyright’s traditional role is challenged by the relatively unstructured nature of the non-relational (noSQL) databases typical of Big Data corpora. This also impacts the application of the EU sui generis right in databases. Misappropriation (tort-based) or anti-parasitic behaviour protection might apply, where available, to data generated by AI systems that has high but short-lived value. Copyright in material contained in Big Data corpora must …
The Gdpr: It Came, We Saw, But Did It Conquer?,
2019
Seattle University School of Law
The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir
Seattle University Law Review
On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.
Regulating The Gdpr: Perspectives From The United Kingdom,
2019
Seattle University School of Law
Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland
Seattle University Law Review
Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools that data protection and privacy …
Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”,
2019
Seattle University School of Law
Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben
Seattle University Law Review
Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies …
Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries,
2019
Seattle University School of Law
Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett
Seattle University Law Review
In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying U.S. consumer privacy law with a …
General Data Protection Regulation (Gdpr): Prioritizing Resources,
2019
Seattle University School of Law
General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas
Seattle University Law Review
This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?
Privacy Statements Under The Gdpr,
2019
Seattle University School of Law
Privacy Statements Under The Gdpr, Mike Hintze
Seattle University Law Review
The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared …
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet,
2019
Seattle University School of Law
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Seattle University Law Review
The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …
Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!,
2019
Seattle University School of Law
Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount
Seattle University Law Review
Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data on behalf of …
Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens,
2019
Seattle University School of Law
Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson
Seattle University Law Review
This Comment argues that the unique relationship between manufacturers, consumers, and their reinforcement learning AI systems challenges existing products liability law models. These traditional models inform how to identify and apportion liability between manufacturers and consumers while exposing litigants to low-dollar tort remedies with inherently high-dollar litigation costs.11 Rather than waiting for AI autonomy, the political and legal communities should be proactive and generate a liability model that recognizes how new AI programs have already redefined the relationship between manufacturer, consumer, and product while challenging the legal and financial burden of prospective consumer-plaintiffs and manufacturer-defendants.
Gdpr Compliance—It Takes A Village,
2019
Seattle University School of Law
Gdpr Compliance—It Takes A Village, Susy Mendoza
Seattle University Law Review
When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …
The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms,
2019
Elisabeth Haub School of Law at Pace University
The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano
Pace Law Review
The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to …
Platforms, The First Amendment And Online Speech: Regulating The Filters,
2019
Pace University
Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki
Pace Law Review
In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rules. In today’s information environment, social media platforms have become a platform press by providing hosting as well as navigation and delivery of public expression, much of which is done through machine learning algorithms. This article argues that there is a subset of algorithms that social media platforms use to filter public …
Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0,
2019
University of Maryland Francis King Carey School of Law
Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger
Maryland Law Review
Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch.
Debugging The Tallinn Manual 2.0'S Application Of The Due Diligence Principle To Cyber Operations,
2019
University of Washington School of Law
Debugging The Tallinn Manual 2.0'S Application Of The Due Diligence Principle To Cyber Operations, Colin Patrick
Washington International Law Journal
As global cyber connectivity increases, so does opportunities for large-scale nefarious cyber operations. These novel circumstances have necessitated the application of old-world customs to an increasingly complex world. To meet this challenge, the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations was created. The Manual provides 154 black letter rules detailing how international law applies to cyber operations during peacetime. Of particular import is the Manual’s interpretation of the due diligence principle. This principle, which defines the contours of a state’s obligation to prevent their territory to inflict extraterritorial harm, is increasingly significant in light of the …
Cybersecurity Oversight Liability,
2019
University of Nevada, Las Vegas William S. Boyd School of Law
Cybersecurity Oversight Liability, Benjamin P. Edwards
Georgia State University Law Review
A changing cybersecurity environment now poses a significant corporate-governance challenge. Although some cybersecurity data breaches may be inevitable, courts now increasingly consider when a corporation’s officers and directors may be held liable on theories that they acted in bad faith and failed to adequately oversee the corporation’s affairs. This short essay reviews recent derivative decisions and encourages corporate boards to recognize that in an environment filled with increasing threats, a reasonable response will require devoting real resources and attention to cybersecurity issues.
