Source, Character And Taxable Presence In A Digital World: International Taxation Of Online Advertising,
2017
University of Michigan Law School
Source, Character And Taxable Presence In A Digital World: International Taxation Of Online Advertising, Assaf Prussak
SJD Dissertations
The purpose of this dissertation is to examine the application of the U.S. and international tax rules and norms to income derived from online advertising, to consider the challenges and problems that arise when these rules are applied to such a purely-digital type of income, to propose an alternative framework for the taxation of online advertising, and to discuss the legislative measures adopted by various countries in an attempt to tax this type of income (and other income derived from digital-based activities).
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach,
2017
Western Carolina University
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod
American University Law Review
On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …
Reviving The Fourth Amendment: Reasonable Expectation Of Privacy In A Cell Phone Age, 50 J. Marshall L. Rev. 555 (2017),
2017
UIC School of Law
Reviving The Fourth Amendment: Reasonable Expectation Of Privacy In A Cell Phone Age, 50 J. Marshall L. Rev. 555 (2017), Marisa Kay
UIC Law Review
No abstract provided.
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence,
2017
Brooklyn Law School
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age,
2017
Brooklyn Law School
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Brooklyn Law Review
In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District. Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds. In 2015, the Fifth Circuit Court …
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans,
2017
Berkman Klein Center for Internet & Society at Harvard University
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick
All Faculty Scholarship
This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo,
2017
American University Washington College of Law
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh
American University Law Review
No abstract provided.
Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017),
2017
UIC School of Law
Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), Tyler Barbacovi
UIC Review of Intellectual Property Law
The prevalence of ad blocking software (software that prevents the loading of web based advertisements) is a growing problem for website owners and content creators who rely on advertising revenue to earn money. While the number of ad block users continues to increase, there has thus far been no significant legal challenge to ad blocking in the United States. This comment examines how a website owner, through a combination of technological improvements and the anti-circumvention provisions of the Digital Millennium Copyright Act, could successfully raise a legal challenge against the purveyors of ad blocking software.
Little Things And Big Challenges: Information Privacy And The Internet Of Things,
2017
American University Washington College of Law
Little Things And Big Challenges: Information Privacy And The Internet Of Things, Hillary Brill, Scott Jones
American University Law Review
The Internet of Things (loT), the wireless connection of devices to ourselves, each other, and the Internet, has transformed our lives and our society in unimaginable ways. Today, billions of electronic devices and sensors collect, store, and analyze personal information from how fast we drive, to how fast our hearts beat, to how much and what we watch on TV. Even children provide billions of bits of personal information to the cloud through "smart" toys that capture images, recognize voices, and more. The unprecedented and unbridled new information flow generated from the little things of the loT is creating big …
Lost Esi Under The Federal Rules Of Civil Procedure,
2017
Northern Illinois University College of Law
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
SMU Science and Technology Law Review
In 2006, Federal Rule of Civil Procedure (FRCP) 37(e) came into effect, declaring that lost electronically stored information (ESI) could not prompt “sanctions … on a party” absent “exceptional circumstances.” Sanctions were limited to where the loss resulted from “the routine, good-faith operation of an electronic information system.” Effective December 1, 2015, Rule 37(e) now contemplates limited “measures … to cure the prejudice” caused by lost and irreplaceable ESI arising from a party’s failure “to take reasonable steps to preserve,” where the lost ESI “should have been preserved in the anticipation or conduct of litigation.” For more culpable conduct, the …
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii,
2017
Southern Methodist University
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryynanen England
SMU Science and Technology Law Review
No abstract provided.
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling,
2017
Southern Methodist University
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn
SMU Science and Technology Law Review
No abstract provided.
Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism,
2017
Southern Methodist University
Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick
SMU Science and Technology Law Review
No abstract provided.
Dig Once And Work Together: A
Common Sense Solution To America’S
Failing Broadband Network,
2017
The University of Pacific, McGeorge School of Law
Dig Once And Work Together: A Common Sense Solution To America’S Failing Broadband Network, Nicholas Kanakis
University of the Pacific Law Review
No abstract provided.
Sharenting: Children's Privacy In The Age Of Social Media,
2017
University of Florida Levin College of Law
Sharenting: Children's Privacy In The Age Of Social Media, Stacey B. Steinberg
UF Law Faculty Publications
Through sharenting, or online sharing about parenting, parents now shape their children’s digital identity long before these young people open their first email. The disclosures parents make online are sure to follow their children into adulthood. Indeed, social media and blogging have dramatically changed the landscape facing today’s children as they come of age.
Children have an interest in privacy. Yet a parent’s right to control the upbringing of his or her children and a parent’s right to free speech may trump this interest. When parents share information about their children online, they do so without their children’s consent. These …
Contributory Liability Under The Acpa: A More Effective Approach To Deterring Cybersquatting At Its Source,
2017
Roger Williams University
Contributory Liability Under The Acpa: A More Effective Approach To Deterring Cybersquatting At Its Source, Andrew J. Piombino
Roger Williams University Law Review
No abstract provided.
The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity,
2017
Boston University School of Law
The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity, Danielle K. Citron, Benjamin Wittes
Faculty Scholarship
What do a revenge pornographer, gossip-site curator, and platform pairing predators with young people in one-on-one chats have in common? Blanket immunity from liability, thanks to lower courts’ interpretation of section 230 of the Communications Decency Act (CDA) beyond what the text, context, and purpose support. The CDA was part of a campaign — rather ironically in retrospect — to restrict access to sexually explicit material online. Lawmakers thought they were devising a safe harbor for online providers engaged in self-regulation. The CDA’s origins in the censorship of “offensive” material are inconsistent with outlandishly broad interpretations that have served to …
Tallinn, Hacking, And Customary International Law,
2017
Boston University School of Law
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Faculty Scholarship
Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.
This essay focuses on one area of state practice where states are already dealing with these issues: the use …
Update Your Bookmarks! Great Sites For Effective Research,
2017
University of Michigan Law School
Update Your Bookmarks! Great Sites For Effective Research, Nancy E. Vettorello
Articles
There are more than one billion websites available online. Many are useful tools for attorneys, so it makes sense to review and refresh your favorite bookmarks regularly. While none of the many free sites offer the sophisticated search abilities of fee-based research services, a few minutes spent exploring free sites can help researchers significantly narrow their searches once they turn to a fee-based system. Remember to always take advantage of the advancesearch option when available on a free site. Free sites are offering increasingly sophisticated search options, such as Boolean and proximity searches, which were previously exclusive to paid services.
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach,
2017
Villanova University Charles Widger School of Law
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod
Faculty Publications
On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …
