The Evolution Of E-Commerce In Virginia Real Property Transactions,
2017
Old Republic Title Insurance Company
The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.
University of Richmond Law Review
No abstract provided.
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance,
2017
Fordham University School of Law
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
Fordham Law Review
The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video …
Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud,
2017
Fordham University School of Law
Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb
Fordham Law Review
Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.
Wild Westworld: Section 230 Of The Cda And Social Networks’ Use Of Machine-Learning Algorithms,
2017
Fordham University School of Law
Wild Westworld: Section 230 Of The Cda And Social Networks’ Use Of Machine-Learning Algorithms, Catherine Tremble
Fordham Law Review
This Note argues that Facebook’s services—specifically the personalization of content through machine-learning algorithms—constitute the “development” of content and as such do not qualify for § 230 immunity. This Note analyzes the evolution of § 230 jurisprudence to help inform the development of a revised framework. This framework is guided by congressional and public policy goals and creates brighter lines for technological immunity. It tailors immunity to account for user data mined by ISPs and the pervasive effect that the use of that data has on users—two issues that courts have yet to confront. This Note concludes that under the revised …
The Technology Requirements Of The First Electronic Monitoring Agreement In U.S. For Zappers,
2017
Boston University School of Law
The Technology Requirements Of The First Electronic Monitoring Agreement In U.S. For Zappers, Richard Thompson Ainsworth, Robert Chicoine
Faculty Scholarship
On August 30, 2017, a plea was entered in the case of case of State of Washington v. Wong, Wash. Super. Ct., No. 16-1-00179-0, and as a result the first electronic monitoring agreement of sales transactions in the US (the “Monitoring Agreement”) was legislatively imposed on a retail business.
The Monitoring Agreement was negotiated between the State of Washington Department of Revenue (the “WA DOR”) and the taxpayer over a period of several months and is comprised of two parts: the basic agreement, which covered the obligations and rights of the parties, and an appendix, which defines the scope of …
Search, Seizure, And Snapchat: How The Fourth Amendment Fits Within The Evolving World Of Civil E-Discovery,
2017
William & Mary Law School
Search, Seizure, And Snapchat: How The Fourth Amendment Fits Within The Evolving World Of Civil E-Discovery, Anna Mcmullen
William & Mary Bill of Rights Journal
No abstract provided.
Three Strikes For Copyright,
2017
Boston University School of Law
Three Strikes For Copyright, Jessica Silbey
Faculty Scholarship
How should copyright law change to take account of the internet? Should copyright expand to plug the internet’s leakiness and protect content that the internet would otherwise make more freely available? Or, should copyright relax its strict liability regime given diverse and productive reuses in the internet age and the benefits networked diffusion provides users and second-generation creators? Answering these questions depends on what we think copyright is for and how it is used and confronted by creators and audiences. In a new article studying these questions in the very focused setting of Wikipedia articles about baseball and baseball players …
Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions,
2017
Florida State University College of Law
Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta
Florida State University Law Review
No abstract provided.
"To Hell In A Handbasket": Teachers, Free Speech, And Matters Of Public Concern In The Social Media World,
2017
Bingham Greenebaum Doll LLP
"To Hell In A Handbasket": Teachers, Free Speech, And Matters Of Public Concern In The Social Media World, Jessica O. Laurin
Indiana Law Journal
This Note argues that courts should narrow the scope of examined speech and place little weight on the amount of media attention that the speech received. Although courts sometimes reject First Amendment protection on the Pickering balancing test instead of the public concern issue, the public concern requirement is a threshold issue that plays a critical role in successful First Amendment claims. Accordingly, courts need to revisit the public concern doctrine to ensure that its analysis is sound and yields the correct outcome.
Part I provides background concerning retaliation claims, criticism of the public concern requirement, and special issues that …
User-Friendly Taxpaying,
2017
UNC School of Law
User-Friendly Taxpaying, Kathleen Delaney Thomas
Indiana Law Journal
Technology is revolutionizing our lives. With the touch of a button or a simple voice command, we can instantly order groceries, get directions, or find the nearest sushi restaurant. Sensibly, the private sector has capitalized on these recent innovations to drive up profits. To sell more laundry detergent, Amazon now enables consumers to order refills by simply pressing the “dash button” mounted above their laundry machines. Starbucks lures more customers by allowing them to pre-order online and have their drink waiting when they arrive at the store. The theory behind this approach is simple: if you want someone to use …
Electronic Social Media: Friend Or Foe For Judges,
2017
El Paso County Court at Law No. 6
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
St. Mary's Journal on Legal Malpractice & Ethics
The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …
Smart Contracts: Terminology, Technical Limitations And Real World Complexity,
2017
Singapore Management University
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Research Collection Yong Pung How School Of Law
If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding …
The Struggle Over Webcasting--Where Is The Stream Carrying Us?,
2017
University of Oklahoma College of Law
The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell
Oklahoma Journal of Law and Technology
No abstract provided.
Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children,
2017
University of Oklahoma College of Law
Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon
Oklahoma Journal of Law and Technology
No abstract provided.
The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union,
2017
University of Oklahoma College of Law
The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union, Alexander Zinser
Oklahoma Journal of Law and Technology
No abstract provided.
Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names,
2017
University of Oklahoma College of Law
Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp
Oklahoma Journal of Law and Technology
No abstract provided.
Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act,
2017
University of Oklahoma College of Law
Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers
Oklahoma Journal of Law and Technology
No abstract provided.
E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines,
2017
University of Oklahoma College of Law
E-Commerce And The Americans With Disabilities Act: Failing To Extend The Ada To The Internet In Access Now V. Southwest Airlines, Emily Short
Oklahoma Journal of Law and Technology
No abstract provided.
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act,
2017
University of Oklahoma College of Law
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner
Oklahoma Journal of Law and Technology
No abstract provided.
Censorship On The Internet: Who Should Make The Rules,
2017
University of Oklahoma College of Law
Censorship On The Internet: Who Should Make The Rules, Joe Zopolsky
Oklahoma Journal of Law and Technology
No abstract provided.
