Internet Law Commons^™

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz

Faculty Publications

Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What …

Masthead, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, Matthew Humerick

Catholic University Journal of Law and Technology

Technological developments spur the development of big data on a global scale. The breadth of data companies collect, maintain, process, and transmit affects nearly every country and organization around the world. Inherent to big data are issues of data protection and transfers to third countries. While many jurisdictions emphasize the importance of protecting consumer data, such as the European Union, others, like the United States, do not. To circumvent this issue, the United States and European Union contracted around data privacy standard discrepancies through the Safe Harbor Agreement, which eased cross-border data transfers. However, the Court of Justice of the …

Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall

UIC John Marshall Journal of Information Technology & Privacy Law

Social media is about sharing information. If you are a parent, often the tendency is to relate every aspect of your children’s lives. Most of the time, children do not consent to postings about them and will have a permanent digital shadow created by their parents that follows them the rest of their lives. The purpose of this article is to analyze the current status and potential future of children’s online privacy from a comparative legal approach, highlighting recent case law in the United Kingdom, which is trending toward carving out special privacy rights for children. This contrasts with the …

Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla Mckinnon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Times They Are A-Changin': Innovation In The Modern Music Festival, Molly R. Madonia

Marquette Intellectual Property Law Review

Musical festivals are, and have always been, a way for friends and families to gather together to celebrate the latest and greatest in music, food, and entertainment. From large festivals in major metropolitan cities to small, intimate shows, music festivals have long been a source of enjoyment to music fans and a source of inspiration to up-and-coming musicians. This Article will explore innovation within the modern music festival, including legal, political, and operational changes that affect festivals across the country. So, as Emerson, Lake, and Palmer so eloquently expressed, “Welcome back my friends to the show that never ends, we’re …

Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey

Marquette Intellectual Property Law Review

With the passage of the 1976 Copyright Act, sound recordings fixed prior to February 15, 1972 remained under the protection of the state copyright laws where the works were registered. Some incredible culturally significant songs were fixed before February 15, 1972, including songs from “The Beatles, The Supremes, Elvis Presley, Aretha Franklin, Barbara Streisand, and Marvin Gaye.” To date, state law protects the owner’s rights without interference from federal law, including the Digital Millennium Copyright Act (“DMCA”).

Given its location, the Second Circuit significantly influenced the development of intellectual property law in the United States, especially copyright law. Many businesses …

The Bot Legal Code: Developing A Legally Compliant Artificial Intelligence, Edmund Mokhtarian

Vanderbilt Journal of Entertainment & Technology Law

The advent of sophisticated artificial intelligence (AI) agents, or bots, raises the question: How do we ensure that these bots act appropriately? Within a decade, AI will be ubiquitous, with billions of active bots influencing nearly every industry and daily activity. Given the extensiveness of AI activity, it will be nearly impossible to explicitly program bots with detailed instructions on permitted and prohibited actions, particularly as they face unpredictable, novel situations. Rather, if risks to humans are to be mitigated, bots must have some overriding moral or legal compass--a set of "AI Laws"--to allow them to adapt to whatever scenarios …

A Search By Any Other Name: Google, Genericism, And Primary Significance, Erica C. Hughes

American University Business Law Review

No abstract provided.

Insta-Famous: Challenges And Obstacles Facing Bloggers And Social Media Personalities In Defamation Cases, Maureen T. Desimone

The Modern American

No abstract provided.

Creative Commons: An Explainer, Kincaid C. Brown

Law Librarian Scholarship

Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take more and more …

Regulation Without Deflation: Cryptocurrency And Its Insider Trading Conundrum, 51 J. Marshall L. Rev. 797 (2018), Emily Crane

UIC Law Review

2017 was a landmark year for cryptocurrency. In that year, it burst onto the global economic scene and attracted investments from people and organizations all around the world. Its popularity gave rise to cryptocurrency exchange platforms, which seemed to further herald its arrival into the mainstream. However, these entirely unregulated exchange platforms have fostered insider trading that has no discernable recourse—and U.S. policymakers have done little to stop it. As such, this article explores the phenomenon that is cryptocurrency, the trend of insider trading, and the difficulties facing U.S. officials as they attempt to reconcile cryptocurrency’s novelty with its need …

Planet Netsweeper, Jakub Dalek, Lex Gill, Bill Marczak, Sarah Mckune, Naser Noor, Joshua Oliver, Jonathon Penney, Adam Senft, Ronald Deibert

Reports & Public Policy Documents

Internet filtering technologies play a critical role in shaping access to information online. Whether we are connecting to the Internet from our homes, coffee shops, libraries, or places of work, software that inspects, manages, and/or blocks our communications has become commonplace. When used at the level of large, consumer-facing Internet Service Providers (ISPs), Internet filtering technologies can have significant human rights impacts. A growing number of governments employ Internet filtering systems at this scale in order to undertake national-level censorship of the Internet. Filtered content ranges from pornography, hate speech, and speech promoting or inciting violence, to political opposition websites, …

Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich

Brooklyn Law Review

In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting social media companies …

The Unstoppable Intrusion: The Unique Effect Of Online Harassment And What The United States Can Ascertain From Other Countries' Attempts To Prevent It, Dylan E. Penza

Cornell International Law Journal

The United States must provide some solution to deal with online harassment. Looking at its fellow nations may be a good way to provide a foundation for changes that need to be made

Creative Commons: An Explainer, Kincaid C. Brown

Law Librarian Scholarship

Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take more and more …

The Techno-Neutrality Solution To Navigating Insurance Coverage For Cyber Losses, Jeffrey W. Stempel, Erik S. Knutsen

Scholarly Works

Insurers currently constrict coverage for losses involving electronic information in traditional insurance product lines. As a result, insurance customers are driven to the brave new world of non-standardized varieties of cyber-risk insurance policies. That world abounds with coverage gaps as the market for cyber insurance sorts itself out. Until that synchronization of coverage for cyber losses occurs, litigation is bound to occur as the boundaries of coverage remain patchwork and uncertain.

This article examines the degree to which cyber losses differ from other insured losses. The cyber-loss insurance coverage jurisprudence reveals a mishmash of principles and coverage terms that are …