Internet Law Commons^™

"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch

University of Arkansas at Little Rock Law Review

No abstract provided.

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Faculty Scholarship

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …

It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow

Minnesota Journal of Law, Science & Technology

No abstract provided.

A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini

Michigan Law Review

Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further …

Strategies For Protecting Privacy In Open Data And Proactive Disclosure, Teresa Scassa, Amy Conroy

Canadian Journal of Law and Technology

In this paper, the authors explore strategies for balancing privacy with transparency in the release of government data and information as part of the growing global open government movement. The issue is important because government data or information may take many forms, may contain many different types of personal information, and may be released in a range of contexts. The legal framework is complex: personal information is typically not released as open data or under access to information regimes; nevertheless, in some cases transparency requirements take precedence over the protection of personal information. The open courts principle, for example, places …

The Right To Repair Doctrine And The Use Of 3d Printing Technology In Canadian Patent Law, Tesh W. Dagne, Gosia Piasecka

Canadian Journal of Law and Technology

3D printing technology is part of a new economic movement, termed the sharing economy, where consumers rely less on large corporations for supplying them with products. The technology allows consumers to bypass the traditional manufacturing process. Instead, consumers increasingly share and sell products to each other on online sharing platforms. Consumers can download digital copies of products and print them in the convenience of their homes. In addition, they can repair and modify these products to suit their needs. Canadian patent law permits the repair of a patent-protected item but prohibits its reconstruction. However, the line between repair and reconstruction …

Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert J. Currie

Canadian Journal of Law and Technology

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry.

Using a pending border case …

Aereo Dynamics: "User Rights" And The Future Of Internet Retransmission In Canada, Pradeepan K. Sarma

Canadian Journal of Law and Technology

2014’s U.S. Supreme Court decision Aereo made waves in the entertainment and technology industry when it ruled in favour of a coterie of cable companies against an upstart start-up, Aereo Inc., retransmitting broadcast television over the internet. Little attention, however, has been paid to its ramifications to the Canadian broadcasting regime, with its vastly different regulatory scheme and an underlying objective to promote the dissemination of Canadian content. Complicating matters further is the 2012 Canadian Supreme Court decision Cogeco, where the retransmission of broadcast signals had been re-articulated as a ’user right’. This paper uses the Aereo decision as a …

Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram

Canadian Journal of Law and Technology

Dr. Smyth’s book is ambitious in its scope, seeking to trace the criminology and evolution of information technologies and cybercrime as the basis of current Canadian legislation and jurisprudence. It is intended as a concise student reference text or resource for those who are new to the subject area, studying in criminology and other areas, as opposed to law. A list of concepts and issues for discussion appears at the conclusion of each chapter and there is a glossary of technical (but not legal) terms at the end of the book. It takes a neutral and professorial approach, seeking to …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.

Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan

Catholic University Journal of Law and Technology

No abstract provided.

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.

Democratizing Startups, Seth C. Oranburg

Law Faculty Scholarship

President Obama signed the Jumpstart Our Business Startups (“JOBS Act”) of 2012 into law to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number at least 170. …

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

Maryland Law Review

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 …

Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck

Maryland Law Review

Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.

The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …