Keynote Speaker,
2016
Computer Security and Forensics Expert
Keynote Speaker, Chuck Easttom
Annual ADFSL Conference on Digital Forensics, Security and Law
Conference Keynote Speaker, Chuck Easttom
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge,
2016
George Mason University Law School
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Catholic University Journal of Law and Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World,
2016
Cloudigy Law PLLC
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Democratizing Startups,
2016
University of New Hampshire School of Law
Democratizing Startups, Seth C. Oranburg
Law Faculty Scholarship
President Obama signed the Jumpstart Our Business Startups (“JOBS Act”) of 2012 into law to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number at least 170. …
The Cyber-Industrial Complex,
2016
Bemidji State University
The Cyber-Industrial Complex, Connor O’Malley
Political Science Theses and Capstones
When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …
How Oracle Erred: Functionality, Useful Articles, And The Future Of Computer Copyright,
2016
Boston University School of Law
How Oracle Erred: Functionality, Useful Articles, And The Future Of Computer Copyright, Wendy J. Gordon
Faculty Scholarship
In Oracle v. Google (2015), the Federal Circuit addressed whether the " method header " components of a dominant computer program were uncopyrightable as " merging " with the headers' ideas or function. Google had copied the headers to ease the ability of third-party programmers to interact with Google's Android platform. The court rebuffed the copyrightability challenge; it reasoned that because the plaintiff's expression might have been written in alternative forms, there was no " merger " of idea and expression. But the Oracle court may have been asking the wrong question. In Lotus v. Borland (1995), the owner of …
Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions,
2016
Fordham University School of Law
Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal
Fordham Law Review
Data security breaches, which compromise private consumer information, seem to be an ever-increasing threat. To stem this tide, the Federal Trade Commission (FTC) has relied upon its authority to enforce the prohibition against unfair business practices under section 5 of the Federal Trade Commission Act (“section 5”) to hold companies accountable when they fail to employ data security measures that could prevent breaches. Specifically, the FTC brings enforcement actions when it finds that companies have failed to implement “reasonable” data security measures. However, companies and scholars argue that the FTC has not provided adequate notice of which data security practices …
Masthead,
2016
Embry-Riddle Aeronautical University
Front Matter,
2016
Embry-Riddle Aeronautical University
Back Matter,
2016
Embry-Riddle Aeronautical University
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts,
2016
University of Georgia School of Law
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Georgia Journal of Law & Technology
No abstract provided.
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin,
2016
Seattle University School of Law
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt
Seattle University Law Review
This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can be categorized in order to …
Shifting Data Breach Liability: A Congressional Approach,
2016
William & Mary Law School
Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce
William & Mary Law Review
No abstract provided.
Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law,
2016
University of Georgia School of Law
Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies
Georgia Journal of Law & Technology
No abstract provided.
I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law,
2016
University of Georgia School of Law
I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph
Georgia Journal of Law & Technology
No abstract provided.
Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency,
2016
University of Georgia School of Law
Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency, Christina Chow
Georgia Journal of Law & Technology
No abstract provided.
Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking,
2016
University of Maryland Francis King Carey School of Law
Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso
Proxy
No abstract provided.
The Privacy Policymaking Of State Attorneys General,
2016
University of Maryland School of Law
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
If It’S Broke, Fix It: Fixing Fixation,
2016
University of New Hampshire School of Law
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
Law Faculty Scholarship
The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits,
2016
University of Cincinnati College of Law
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Faculty Articles and Other Publications
In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …
