Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web,
2016
University of Georgia School of Law
Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley
Georgia Journal of Law & Technology
No abstract provided.
Privatization Of The Judiciary,
2016
Seattle University School of Law
Privatization Of The Judiciary, Eldar Haber
Seattle University Law Review
The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …
A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases,
2016
Seattle University School of Law
A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard
Seattle University Law Review
While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an …
Trucks, Trains, And Transformation: Net Neutrality Lessons From The First Cyberlaw Symposium,
2016
Villanova University Charles Widger School of Law
Trucks, Trains, And Transformation: Net Neutrality Lessons From The First Cyberlaw Symposium, Michael Risch, Christie L. Larochelle
Villanova Law Review (1956 - )
No abstract provided.
The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records,
2016
University of Georgia School of Law
The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise
Georgia Journal of Law & Technology
No abstract provided.
Internet Payment Blockades,
2016
University of Idaho College of Law
Internet Payment Blockades, Annemarie Bridy
Florida Law Review
Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary to create binding public law requiring payment processors like MasterCard and Visa to act as intellectual property enforcers, “non-regulatory” intervention from the executive branch secured their cooperation as a matter of private ordering. The resulting voluntary best practices agreement prescribes a notice-and-termination protocol that extends the reach of U.S. intellectual property law into cyberspace, to merchants operating “foreign infringing sites.” It …
Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights,
2016
Boise State University
Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril
Management Faculty Publications and Presentations
Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …
Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement,
2016
University of North Carolina School of Law
Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter
Faculty Publications
Libraries collaborate to digitize collections large and small in order to provide information with fewer geographical, temporal, or socio-economic barriers. These collaborations promise economy of scale and breadth of impact, both for access to content and for preservation of decaying print source material. Some suggest this increased access to information through the digital environment comes at the expense of reader privacy, a value that United States librarians have advanced for nearly eighty years. Multiplying risks to digital reader privacy are said to weaken librarians’ commitment to privacy of library use and to overwhelm libraries’ ability to ensure confidential access to …
Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims,
2016
Loyola Marymount University and Loyola Law School
Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Consumers’ Obsession Becoming Retailers’ Possession: The Way That Retailers Are Benefiting From Consumers’ Presence On Social Media,
2016
University of San Diego
Consumers’ Obsession Becoming Retailers’ Possession: The Way That Retailers Are Benefiting From Consumers’ Presence On Social Media, Vivian Adame
San Diego Law Review
Retailers can profit from consumers’ social media presence in two ways: (1) through inadequate privacy laws; and (2) through retailers’ reposting of consumers intellectual property uploaded to social media sites. The California Legislature passed the Online Privacy Protection Act (CalOPPA), which moved towards protecting the privacy rights of consumers. However, the Legislature’s inability to hold retailers accountable under CalOPPA leaves consumers susceptible to the invasive technologies retailers use to collect social media users’ information, which they in turn sell and profit from. To better protect consumers on social media, the legislature should first enact a privacy law restricting retailers’ and …
How The Washington State Supreme Court Wrongly Applied The Communications Decency Act In Village Voice, And What It Means For Internet Service Providers,
2016
University of Washington School of Law
How The Washington State Supreme Court Wrongly Applied The Communications Decency Act In Village Voice, And What It Means For Internet Service Providers, Samuel J. Daheim
Washington Journal of Law, Technology & Arts
In passing the Communications Decency Act of 1996 (CDA), Congress sought to promote and protect the ever-evolving free market of voices and ideas available on the internet. In order to reach this end, section 230(c) of the CDA extends protection from liability to those who provide a means for disseminating speech on the web, dubbed by the statute as “interactive computer service providers” (ICSP). Section 230 protects ICSPs from liability for harm inflicted by content created and posted by third parties on their respective forums. This Article focuses on a 2015 Washington State Supreme Court decision, J.S. v. Village Voice …
Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services,
2016
SIT Study Abroad
Violating Of Individual Privacy: Moroccan Perceptions Of The Ban Of Voip Services, Tyler Delhees
Independent Study Project (ISP) Collection
On January 6, 2016, the Moroccan telecommunications regulatory agency, the ANRT, announced a ban onVoice Over Internet Protocol(VoIP) calling services such as Skype, WhatsApp, and Viber. The ban triggered sweeping opposition among the Moroccan public, opening discussion of digital rights, censorship, and Internet governance. Considering liberal democratic rights in the 2011 Moroccan Constitution and a history of censorship, this study analyzes the official justification of the ANRT alongside additional explanations involving business interests and the security services. The purpose of this study is to gauge the perceptions of Moroccans on the decision of the ANRT and provide a holistic explanation. …
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated,
2016
Loyola Marymount University and Loyola Law School
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow
Loyola of Los Angeles Law Review
No abstract provided.
Multi-Stakeholder Approach Needed To Tackle Cyberthreats,
2016
Singapore Management University
Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Being a hyper-connected society, our national security is also increasingly being redefined by threats in the cyberspace. Cyberattacks have evolved from a nontraditional security threat to a new domain of intense conflict, involving deception and sabotage.
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain,
2016
University of Maine School of Law
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith
Georgia Journal of Law & Technology
No abstract provided.
Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology,
2016
Georgia State University
Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder
The University of Cincinnati Intellectual Property and Computer Law Journal
Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of …
Lux In Arcana: Decoding The Right To Be Forgotten In Digital Archives,
2016
University of Miami School of Law
Lux In Arcana: Decoding The Right To Be Forgotten In Digital Archives, Patricia S. Abril, Eugenio Pizarro Moreno
Articles
On 13 May 2014, the European Court of Justice ruled that search engines such as Google had a duty to respect EU citizens' right to be forgotten. That is, the search engines-deemed "controllers" of information under the Directive-were obligated in some circumstances to remove or de-list links from search results that pertain to information that infringes on an individual's rights under the Directive. In the fall of 2015, the Spanish Supreme Court found itself obligated to determine the application of the digital right to be forgotten in a different context: This time in a digital newspaper archive. However, since …
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law,
2016
Pace University School of Law
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Pace International Law Review
Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized …
Annual Report, 2016,
2016
University of Washington School of Law
Annual Report, 2016, University Of Washington School Of Law
Tech Policy Lab
The Tech Policy Lab at the University of Washington has had an exciting third year! From organizing national and international policy fora to helping local authorities generate best practices, the Lab continues its record of rigorous, impactful research.
Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?,
2016
CUNY Hunter College
Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally
Publications and Research
We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …
