Internet Law Commons^™

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …

A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Indiana Law Journal

Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.

Our survey is the first comprehensive examination of the intersection of …

Beyond Transparency: The Semantics Of Rulemaking For An Open Internet, Reza Rajabiun

Indiana Law Journal

In trying to promote the development of an open Internet, the U.S. Federal Communications Commission (FCC) has primarily tried to encourage network providers to be transparent about their traffic management practices and quality of service prioritization policies. Dominant network operators have successfully challenged this minimalist approach to addressing end-user concerns about the rise of a two-tiered Internet, motivating the FCC to engage in yet another public consultation process to assess its future approach to the problem. This article maps the debate using Natural Language Processing (NLP) tools that allow us to build a systematic picture of the positions of the …

The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan

American University National Security Law Brief

No abstract provided.

Addressing Employee Use Of Personal Clouds, Philip Favro

Richmond Journal of Law & Technology

Cloud computing is one of the most useful innovations in the digital age. While much of the attention on recent advances has focused on smartphones, tablet computers, and wearable technology, the cloud is perhaps unrivaled in its utility for organizations. From simplified data storage to innovative software platforms, enterprise-grade cloud solutions provide cost-effective alternatives to acquiring expensive computer hardware and software. Enterprise clouds also offer a collaborative work environment for a mobile and widespread work force, enabling businesses to maximize worker productivity.

A Litigator's Guide To The Internet Of Things, Antigone Peyton

Richmond Journal of Law & Technology

Maybe you've heard about the Internet of Things (loT). It's the network of physical objects (or "things") that connect to the Internet and each other and have the ability to collect and exchange data. It includes a variety of devices with sensors, vehicles, buildings, and other items that contain electronics, software, and sensors. Some loT objects have "embedded intelligence," which allows them to detect and react to changes in their physical state. Though there is no specific definition of loT, the concept focuses on how computers, sensors, and objects interact with each other and collect information relating to their surroundings.

A New Class Of Worker For The Sharing Economy, Megan Carboni

Richmond Journal of Law & Technology

Jennifer Guidry begins her workday at four a.m. She begins by vacuuming her personal car, preparing it to "ferry around strangers" for Uber, Lyft, and Sidecar. Uber, Lyft, and Sidecar are "ride services that let people summon drivers on demand via [electronic] apps." Her phone pings just moments after four-thirty a.m.-an Uber customer requesting a ride to the airport. She accepts immediately, makes a round trip to the airport in just over an hour, and pockets twenty-eight dollars. This does not account for the cost of gas or wear and tear on her car.6 She performs the airport loop a …

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

Geoblocking, Technical Standards And The Law, Marketa Trimble

Scholarly Works

The idea that geoblocking could be used as a compliance tool is one part of the development of the relationship between geoblocking and legal compliance. This chapter outlines the three stages through which this development will proceed. In the first stage, geoblocking will be accepted as a tool of regulation and enforcement. While acceptance has already occurred in some countries in some contexts, this acceptance is certainly not yet general or widespread. In the second stage, minimum standards for geoblocking will be promulgated because the use of geoblocking for purposes of legal compliance necessarily calls for minimum technological standards that …

The End Of Ownership: Personal Property In The Digital Economy, Aaron Perzanowski, Jason Schultz

Books

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace.

The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that …

"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer

Richmond Journal of Law & Technology

More than ten years ago, the Zubulake case raised awareness of the importance of digital evidence in litigation. At that time, for many lawyers, the discovery process consisted of collecting paper documents, manually reviewing those paper documents, and responding to document requests by producing paper documents. Digital evidence existed, but was more limited in scope and volume than it is today. Back then it was often overlooked or not recognized as a potential source of valuable evidence to be obtained in discovery.

Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer

Richmond Journal of Law & Technology

Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.

Masthead, Volume7 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.

Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook

Articles by Maurer Faculty

No abstract provided.

Cybersecurity On My Mind: Protecting Georgia Consumers From Data Breaches, Maggie L. Mcmichael

Georgia Law Review

In a world where vast amounts of personal information
are obtained and stored by countless organizations and
businesses in the public and private sector, data breaches,

due to negligence or nefarious hacking, are a far too
common occurrence. The results of a data breach can be
serious and widespread, from public humiliation to
identity theft and national security crises. In an effort to
protect consumers from the potentially devastating effects
of data breaches, the Federal Trade Commission has
begun to take enforcement action against businesses whose
data security practices are alleged to be unfair and
deceptive. Theoretically, states can take …

The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst

Vanderbilt Journal of Entertainment & Technology Law

Proponents of legislative patent reform argue that the current patent system perversely impedes true innovation in the name of protecting a vast web of patented inventions, the majority of which are never even commercialized for the benefit of the public. Opponents of such legislation argue that comprehensive, prospective patent reform legislation would harm the incentive to innovate more than it would curb the vexatious practices of non-practicing entities. But while the" Innovation Act" wallows in Congress, there is a common law tool to protect innovation from the patent thicket lying right under our noses: the reverse doctrine of equivalents. Properly …

Copyright For Literate Robots, James Grimmelmann

Cornell Law Faculty Publications

Almost by accident, copyright has concluded that copyright law is for humans only: reading performed by computers doesn't count as infringement. Conceptually, this makes sense: copyright's ideal of romantic readership involves humans writing for other humans. But in an age when more and more manipulation of copyrighted works is carried out by automated processes, this split between human reading (infringement) and robotic reading (exempt) has odd consequences and creates its own tendencies toward a copyright system in which humans occupy a surprisingly peripheral place. This essay describes the shifts in fair use law that brought us here and reflects on …

Re-Shaming The Debate: Social Norms, Shame, And Regulation In An Internet Age, Kate Klonick

Faculty Publications

Advances in technological communication have dramatically changed the ways in which social norm enforcement is used to constrain behavior. Nowhere is this more powerfully demonstrated than through current events around online shaming and cyber harassment. Low cost, anonymous, instant, and ubiquitous access to the Internet has removed most—if not all—of the natural checks on shaming. The result is norm enforcement that is indeterminate, uncalibrated, and often tips into behavior punishable in its own right—thus generating a debate over whether the state should intervene to curb online shaming and cyber harassment.

A few years before this change in technology, a group …

The Road To Artificial Super-Intelligence: Has International Law A Role To Play?, J.-G. Castel, Matthew E. Castel

Canadian Journal of Law and Technology

Part I of this article deals with the road to artificial general super-intelligence.

Part II addresses the controls, if any, that should be exercised over the production and use of partially or fully autonomous machines of artificial intelligence before and after they become super-intelligent. More particularly, should there be legal and ethical limits to their use and to what extent should international law play a role in this connection?

Flying Robots And Privacy In Canada, Paul D.M. Holden

Canadian Journal of Law and Technology

Drones have been a hot topic in recent years particularly when used in war and in domestic police operations. Drones have also attracted attention because of highprofile plans to use them for package delivery, among other things. While the glamourous and future uses of drones catch media attention, drones are already being used in the private sector for more mundane purposes including surveying, infrastructure inspection and real estate sales promotion. While the privacy threats of military and police drones are widely discussed, privacy concerns of private drones have attracted much less consideration.

This paper looks at the privacy risks of …