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The Indecency And Injustice Of Section 230 Of The Communications Decency Act, Mary Graw Leary 2018 The Catholic University of America, Columbus School of Law

The Indecency And Injustice Of Section 230 Of The Communications Decency Act, Mary Graw Leary

Scholarly Articles

Section 230 of the Communications Decency Act is a 1996 law wholly inadequate to address 21st Century problems. The most egregious example of this is online sex trafficking, which was allowed not only to exist, but also to thrive due, in large part, to §230. This Article examines the development of the jurisprudence regarding online advertising of sex-trafficking victims and juxtaposes the forces that created § 230 with those preventing its timely amendment. This Article argues that, although § 230 was never intended to create a regime of absolute immunity for defendant websites, a perverse interpretation of the non-sex …


Public Authority Liability And The Regulation Of Nanotechnology: A European Perspective, Nina Natalia Baranowska 2018 Schulich School of Law, Dalhousie University

Public Authority Liability And The Regulation Of Nanotechnology: A European Perspective, Nina Natalia Baranowska

Canadian Journal of Law and Technology

This paper argues that in certain circumstances public authorities should be liable for regulating nanotechnology. Nanotechnology is an emerging field of technology that enables to control shape and size of various structures, devices and systems at nanometer scale on which one nanometer is equal to one-billionth of a meter. In spite of being a nascent field of science and technology, its scope of application – in the food, pharmaceuticals, cosmetics, construction, textile, electronics, and agricultural industries – is expanding rapidly. The risks associated to nanotechnology, however, and its long-term consequences are still largely unknown, particularly in regards to its health …


The Aleph Bet: Debating Metaphors For Information, Data Handling And The Right To Be Forgotten, Chris Prince, Micheal Vonn, Lex Gill 2018 Schulich School of Law, Dalhousie University

The Aleph Bet: Debating Metaphors For Information, Data Handling And The Right To Be Forgotten, Chris Prince, Micheal Vonn, Lex Gill

Canadian Journal of Law and Technology

Court rulings in the European Union (EU) have now established that individuals may seek erasure of personal information posted online. Typically, this involves de-indexing a website from search results, and in some instances the removal of content from primary sources sites. This has, in turn, led to debate around both the logistics and the unintended consequences of removing information online, and subsequent discussions have grappled with a range of images and metaphors to map that new legal reality. This essay surveys that debate, the imagery it employs, and the various logics associated with these metaphors.


The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski 2018 University of Colorado Law School

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

Publications

No abstract provided.


Perfecting Bitcoin, Kevin V. Tu 2018 University of Maryland Francis King Carey School of Law

Perfecting Bitcoin, Kevin V. Tu

Georgia Law Review

Bitcoin is still here. The price of Bitcoin rebounded-
setting a record high of $19,783.21 per Bitcoin in
December 2017 before dropping to a price of $8,690 per
Bitcoin as of March 22, 2018. Moreover, legal and
regulatory developments, like New York's BitLicense and
federal taxation of virtual currency as property, can be
viewed as legitimizing its use. The normalization of
virtual currency is evidenced by its increasingly
mainstream applications. Virtual currency can be used
as a faster and lower cost method of transferringfunds
domestically and internationally. A growing number of
retailers now accept virtual currency as a method of …


An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short 2017 University of Maine School of Law

An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short

Maine Law Review

The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article …


Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky 2017 University of Maine School of Law

Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky

Maine Law Review

Our personal information is constantly being recorded, stored and analyzed. Commercial entities watch our every action, storing this data and analyzing it in conjunction with information acquired from third parties. These entities use this knowledge to their benefit (and at times, our detriment) by discriminating between various customers on the basis of this personal information. At the same time, in the media market, large conglomerates can now provide specifically tailored content to individual customers on the basis of such data, thus potentially controlling their perspectives and impairing their autonomy. The expanding use of data mining applications, which enable vendors to …


Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen 2017 University of Maine School of Law

Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen

Maine Law Review

The subject matter we are going to talk about is variously named and the words have some resonances of importance. I am going to use the phrase “Free Software” to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.


Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele 2017 Adeleke University, Ede

Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele

Journal of International Technology and Information Management

This paper provides an overview of the current state of privacy and data protection policies and regulations in Nigeria. The paper contends that the extant legal regime in Nigeria is patently inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view is based on the critical analysis of the current legal regime in Nigeria vis-à-vis the review of some vital data privacy issues. The paper makes some recommendations for the reform of the law.


Varying Instructional Approaches To Physical Extraction Of Mobile Device Memory, Joan Runs Through, Gary D. Cantrell 2017 Dixie State University

Varying Instructional Approaches To Physical Extraction Of Mobile Device Memory, Joan Runs Through, Gary D. Cantrell

Journal of Digital Forensics, Security and Law

Digital forensics is a multidisciplinary field encompassing both computer science and criminal justice. This action research compared demonstrated skill levels of university students enrolled in a semester course in small device forensics with 54 hours of instruction in mobile forensics with an emphasis on physical techniques such as JTAG and Chip-Off extraction against the skill levels of industry professionals who have completed an accelerated 40 hour advanced mobile forensics training covering much of the same material to include JTAG and Chip-Off extraction. Participant backgrounds were also examined to determine if those participants with a background in computer science had an …


Cover Front, 2017 Embry-Riddle Aeronautical University

Cover Front

Journal of Digital Forensics, Security and Law

No abstract provided.


Digital Forensic Readiness In Organizations: Issues And Challenges, Nickson menza Karie, Simon Maina Karume Dr. 2017 Daystar University

Digital Forensic Readiness In Organizations: Issues And Challenges, Nickson Menza Karie, Simon Maina Karume Dr.

Journal of Digital Forensics, Security and Law

With the evolution in digital technologies, organizations have been forced to change the way they plan, develop, and enact their information technology strategies. This is because modern digital technologies do not only present new opportunities to business organizations but also a different set of issues and challenges that need to be resolved. With the rising threats of cybercrimes, for example, which have been accelerated by the emergence of new digital technologies, many organizations as well as law enforcement agencies globally are now erecting proactive measures as a way to increase their ability to respond to security incidents as well as …


Evidence Verification Complications With Solid-State Drives, Ryne Teague, Michael Black 2017 University of South Alabama

Evidence Verification Complications With Solid-State Drives, Ryne Teague, Michael Black

Journal of Digital Forensics, Security and Law

Solid-state drives operate on a combination of technologies that create a barrier between the physical data being written and the digital forensics investigator. This barrier prevents the application of evidence verification methods developed for magnetic disk drives because the barrier prevents the investigator from directly controlling and therefore verifying that the underlying physical data has not been manipulated. The purpose of this research is to identify a period of inactivity where the underlying physical data is not being manipulated by wear leveling or garbage collection routines such that evidence can be reliably verified with existing hashing algorithms. An experiment is …


Back Matter, 2017 Embry-Riddle Aeronautical University

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Broadband Router Security: History, Challenges And Future Implications, Patryk Szewczyk, Rose Macdonald 2017 Edith Cowan University, Western Australia

Broadband Router Security: History, Challenges And Future Implications, Patryk Szewczyk, Rose Macdonald

Journal of Digital Forensics, Security and Law

Consumer grade broadband routers are integral to accessing the Internet and are primarily responsible for the reliable routing of data between networks. Despite the importance of broadband routers, security has never been at the forefront of their evolution. Consumers are often in possession of broadband routers that are rich in consumer-orientated features yet riddled with vulnerabilities that make the routers susceptible to exploitation. This amalgamation of theoretical research examines consumer grade broadband routers from the perspective of how they evolved, what makes them vulnerable, how they are targeted and the challenges concerning the application of security. The research further explores …


Cover Back, 2017 Embry-Riddle Aeronautical University

Cover Back

Journal of Digital Forensics, Security and Law

No abstract provided.


Multiple Content Adaptive Intelligent Watermarking Schemes For The Protection Of Blocks Of A Document Image, Chetan KR Mr., S Nirmala Dr. 2017 Jawaharlal Nehru National College of Engineering

Multiple Content Adaptive Intelligent Watermarking Schemes For The Protection Of Blocks Of A Document Image, Chetan Kr Mr., S Nirmala Dr.

Journal of Digital Forensics, Security and Law

Most of the documents contain different types of information such as white space, static information and dynamic information or mix of static and dynamic information. In this paper, multiple watermarking schemes are proposed for protection of the information content. The proposed approach comprises of three phases. In Phase-1, the edges of the source document image are extracted and the edge image is decomposed into blocks of uniform size. In Phase-2, GLCM features like energy, homogeneity, contrast and correlation are extracted from each block and the blocks are classified as no-information, static, dynamic and mix of static and dynamic information content …


Front Matter, 2017 Embry-Riddle Aeronautical University

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Regulating Black-Box Medicine, W. Nicholson Price II 2017 University of Michigan Law School

Regulating Black-Box Medicine, W. Nicholson Price Ii

Michigan Law Review

Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they …


Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price II 2017 University of Michigan Law School

Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii

Articles

Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …


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