Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016),
2016
UIC School of Law
Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha
UIC Law Review
No abstract provided.
Flo & Eddie, Inc. V. Sirius Xm Radio, Inc.: Will Terrestrial Radio And Pre-1972 Sound Recordings Remain “Happy Together”?, 50 J. Marshall L. Rev. 191 (2016),
2016
UIC School of Law
Flo & Eddie, Inc. V. Sirius Xm Radio, Inc.: Will Terrestrial Radio And Pre-1972 Sound Recordings Remain “Happy Together”?, 50 J. Marshall L. Rev. 191 (2016), Kyle Prillaman
UIC Law Review
No abstract provided.
Real-Name Registration Rules And The Fading Digital Anonymity In China,
2016
University of Washington School of Law
Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu
Washington International Law Journal
China has implemented comprehensive online real-name registration rules, which require Internet users to disclose their identities. Chinese national law has required most online service providers to implement real-name registration since 2012. This article uses the real-name registration rules to illustrate the supremacy and limitations of the Network Authoritarian Model (NAM), an approach leveraging corporate resources for political surveillance and occasionally adopted by the Chinese party-state. By addressing the evolution of real-name registration rules in China, this article illustrates the party-state’s gradual efforts in both eliminating cyberspace anonymity and etching Chinese characteristics on the architecture of the Internet. Although the Chinese …
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace,
2016
Cyber, Information Operations, and Intelligence Law Division of the Office of the Judge Advocate General of the Navy
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson
American University National Security Law Brief
No abstract provided.
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment,
2016
American University Washington College of Law
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
American University National Security Law Brief
No abstract provided.
Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law,
2016
Yale Law School
Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty
Michigan Telecommunications & Technology Law Review
Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …
Sharing By Design: Data And Decentralized Commons,
2016
Duke Law School
Sharing By Design: Data And Decentralized Commons, Jorge L. Contreras, Jerome H. Reichman
Faculty Scholarship
Ambitious international data-sharing initiatives have existed for years in fields such as genomics, earth science, and astronomy. But to realize the promise of large-scale sharing of scientific data, intellectual property (IP), data privacy, national security, and other legal and policy obstacles must be overcome. While these issues have attracted significant attention in the corporate world, they have been less appreciated in academic and governmental settings, where solving issues of legal interoperability among data pools in different jurisdictions has taken a back seat to addressing technical challenges. Yet failing to account for legal and policy issues at the outset of a …
Anonymity, Cybercrime, And The Connection To Cryptocurrency,
2016
Eastern Kentucky University
Anonymity, Cybercrime, And The Connection To Cryptocurrency, Jesse D. Bray
Online Theses and Dissertations
Cybercrime currently poses a significant threat to the infrastructure of the United States. It can exploit vulnerabilities within the Critical Infrastructure or (CI) systems that are increasingly interconnected. Although the increased interconnectedness allows for easier and more efficient communication it creates vulnerabilities that did not exist ten years ago. A lack of a standardized definition of cybercrime has made it increasingly difficult to create policy that will allow for more efficient interagency cooperation and concrete laws regarding cybercrime. Cybercrime thrives on the anonymity of the Internet with the use of specific browsers, The Onion Router for example, to access information …
The First Amendment As Killer App,
2016
Case Western Reserve University School of Law
The First Amendment As Killer App, Anupam Chander
Journal of Law, Technology, & the Internet
"While it is a commonplace that the Internet revolutionized speech, what is perhaps less well understood is that free speech made today’s Internet." Symposium article.
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School,
2016
Barry University
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
Faculty Scholarship
No abstract provided.
The Role Of U.S. Technology Companies As Enforcers Of Europe's New Internet Hate Speech Ban,
2016
University of Oklahoma College of Law
The Role Of U.S. Technology Companies As Enforcers Of Europe's New Internet Hate Speech Ban, Evelyn Aswad
Faculty Articles
No abstract provided.
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras),
2016
University of Oklahoma College of Law
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Faculty Articles
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …
All Blogs Go To Heaven: Preserving Valuable Digital Assets Without The Uniform Fiduciary Access To Digital Assets Act's Removal Of Third Party Privacy Protections,
2016
University of Georgia School of Law
All Blogs Go To Heaven: Preserving Valuable Digital Assets Without The Uniform Fiduciary Access To Digital Assets Act's Removal Of Third Party Privacy Protections, Elizabeth D. Barwick
Georgia Law Review
In the age of the Internet, most of us live our lives largely online. As such, one would expect a concomitant increase in concern for privacy, but this is not necessarily the case. It seems that the instantaneous and anonymous nature of the Internet has given rise to thoughtless sharing that simply did not exist when it was necessary to put pen to paper. Understanding that a great deal of our day-to-day activities are now carried out over the Internet, it makes sense that our families and heirs would want or need access to our accounts in the event of …
Personal Property Servitudes On The Internet Of Things,
2016
Brooklyn Law School
Personal Property Servitudes On The Internet Of Things, Christina Mulligan
Georgia Law Review
Small appliances such as thermostats, watches, jewelry, and eyewear are now being made available with networking capability. These networked objects make up the growing Internet of Things-pieces of personal property that run software and connect to the global Internet. These products are typically governed by terms of service or end-user license agreements that create restrictions on how products can be used or transferred- restrictions which would be unenforceable if the inside of the product consisted of gears rather than processing chips. This Article explores the question of when use and transfer restrictions should be enforceable on networked appliances and other …
Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants,
2016
St. John's University School of Law
Too Much Information!: The Need For Stronger Privacy Protection For The Online Activities Of Employees And Applicants, Ralph Carter
Journal of Civil Rights and Economic Development
No abstract provided.
"Section 5 And 'Unfair Methods Of Competition': Protecting Competition Or Increasing Uncertainty?",
2016
Columbia Law School
"Section 5 And 'Unfair Methods Of Competition': Protecting Competition Or Increasing Uncertainty?", Tim Wu
Faculty Scholarship
Since the late 1980s, Section 5 of the FTC Act has come to center on a certain kind of case, the so-called anticompetitive “scheme” featuring extraordinary and nefarious conduct – like gaming a standards process, rigging industry tests, that sort of thing. Deception, fraud, bad-faith and oppressive action are typical. This kind of self-restraint has, to its credit, yielded a focus on cases where the conduct is extraordinary, an anticompetitive intent is obvious and the harm is substantial. At this point, the self-imposed limits on Section 5 enforcement are extensive enough that a critic could fairly accuse the agency of …
How The E-Government Can Save Money By Building Bridges Across The Digital Divide,
2016
Bailey & Ehrenberg, PLLC
How The E-Government Can Save Money By Building Bridges Across The Digital Divide, Alison Rogers
Michigan Journal of Race and Law
As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient (“LEP”) individuals in cyberspace. The Note suggests reforms, policies, and programs that should be adopted by federal aid recipients to ensure that LEP individuals have meaningful access to online services.
Intellectual Property In News? Why Not?,
2016
Columbia Law School
Intellectual Property In News? Why Not?, Sam Ricketson, Jane C. Ginsburg
Faculty Scholarship
This Chapter addresses arguments for and against property rights in news, from the outset of national law efforts to safeguard the efforts of newsgathers, through the various unsuccessful attempts during the early part of the last century to fashion some form of international protection within the Berne Convention on literary and artistic works and the Paris Convention on industrial property. The Chapter next turns to contemporary endeavors to protect newsgatherers against “news aggregation” by online platforms. It considers the extent to which the aggregated content might be copyrightable, and whether, even if the content is protected, various exceptions set out …
Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016),
2016
UIC School of Law
Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016), Daria Vasilescu-Palermo
UIC Review of Intellectual Property Law
In Oracle v. Google, the Federal Circuit set precedent when it decided to grant copyright protection to APIs. This comment examines the potential impact the computer programming industry will face now that APIs are deemed copyrightable. This comment also discusses Google s success in using fair use as an affirmative defense in order to use copyrightable APIs and what that means for the rest of the computer programming industry. Due to the fast-paced and ever-changing world of technology, this comment also proposes that the abstract-filtration-comparison test is the appropriate test to be used in determining API copyrightability if the issue …
Foreword: The Food Law Era,
2016
Southern Methodist University, Dedman School of Law
Foreword: The Food Law Era, Nathan Cortez
SMU Science and Technology Law Review
No abstract provided.
