Secondary Liability, Isp Immunity, And Incumbent Entrenchment,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Secondary Liability, Isp Immunity, And Incumbent Entrenchment, Marketa Trimble, Salil K. Mehra
Scholarly Works
More than fifteen years have passed since the two major U.S. statutes concerning the secondary liability of Internet service providers were adopted--the Communications Decency Act and the Digital Millennium Copyright Act. The statutes have been criticized; however, very little of the criticism has come from Internet service providers, who have enjoyed the benefits of generous safe harbors and immunity from suit guaranteed by these statutes. This Article raises the question of whether these statutes contribute to incumbent entrenchment--solidifying the position of the existing Internet service providers to the detriment of potential new entrants. The current laws and industry self-regulation may …
Comments: Trending: Proportionality In Electronic Discovery In Common Law Countries And The United States' Federal And State Courts,
2014
University of Baltimore School of Law
Comments: Trending: Proportionality In Electronic Discovery In Common Law Countries And The United States' Federal And State Courts, Laura Hunt
University of Baltimore Law Review
No abstract provided.
The Cold War Of Cyber Espionage,
2014
Loyola University Chicago, School of Law
The Cold War Of Cyber Espionage, Elizabeth Hanford
Public Interest Law Reporter
No abstract provided.
Setting The Tipping Point For Disclosing The Identity Of Anonymous Online Speakers: Lessons From Other Disclosure Contexts,
2014
University of Colorado Law School
Setting The Tipping Point For Disclosing The Identity Of Anonymous Online Speakers: Lessons From Other Disclosure Contexts, Helen Norton
Publications
At what point should anonymous online speakers alleged to have engaged in defamatory, threatening, or other unprotected and illegal speech be required to “unmask” themselves – i.e., to disclose their identities? Courts confronted with such questions have proposed a variety of tests that seek to determine the point – I’ll call this the tipping point – at which they become sufficiently confident that disclosure’s accountability gains justify the unmasking of an anonymous online speaker. This essay suggests that an intradisciplinary approach may be helpful when choosing among these alternative tests. To this end, it recalls parallel disclosure challenges in campaign, …
Teenage Crowdfunding,
2014
University of Colorado at Boulder
Teenage Crowdfunding, Andrew A. Schwartz
Publications
Teenage startups are in the public interest and should be encouraged, yet the federal CARD Act of 2009 eliminated credit card financing for many such companies, cutting off an important source of early-stage business capital for teenage entrepreneurs. Since then, however, Congress passed the CROWDFUND Act of 2012 which will allow teenagers to raise early-stage financing through Internet crowdfunding. Teens, being masters of the Internet, are well positioned to exploit this new opportunity, with the upshot being that securities crowdfunding may become an important way for youthful entrepreneurs to fund their business dreams.
Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?,
2014
Florida A&M University College of Law
Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry
Journal Publications
Lawyers have long been recognized as being necessary in the effective functioning of an ordered society in roles as both officers of the court and, more broadly, as officers of the system of justice. In 2014, the ABA Task Force on the Future of Legal Education report noted that "[s]ociety has a deep interest in the competence of lawyers, in their availability to serve society and clients, in the broad public role they can play, and in their professional values." Values such as those noted in the Model Rules of Professional Conduct (advisor, counselor, and advocate) are instrumental in the …
Finding The Signal In The Noise: Information Governance, Analytics, And The Future Of Legal Practice,
2014
University of Richmond
Finding The Signal In The Noise: Information Governance, Analytics, And The Future Of Legal Practice, Bennett B. Borden, Jason R. Baron
Richmond Journal of Law & Technology
In the watershed year of 2012, the world of law witnessed the first concrete discussion of how predictive analytics may be used to make legal practice more efficient. That the conversation about the use of predictive analytics has emerged out of the e-Discovery sector of the law is not all that surprising: in the last decade and with increasing force since 2006— with the passage of revised Federal Rules of Civil Procedure that expressly took into account the fact that lawyers must confront “electronically stored information” in all its varieties—there has been a growing recognition among courts and commentators that …
Internet Content Governance And Human Rights,
2014
Vanderbilt University Law School
Internet Content Governance And Human Rights, Nicola Lucchi
Vanderbilt Journal of Entertainment & Technology Law
The Internet has become an essential tool for various life-related purposes, and it is an instrument necessary for the proper enjoyment of a series of rights-including the right to access knowledge and information and the right to communicate. This new paradigm also implies that all people should have access to the Internet at affordable conditions, and any restrictions should be strictly limited and proportionate. As a consequence, any regulatory and policy measures that affect the Internet and the content that flows over it should be consistent with basic rights and liberties of human beings. This Article intends to explore the …
Trading Rabbit Ears For Wi-Fi: Aereo, The Public Performance Right, And How Broadcasters Want To Control The Business Of Internet Tv,
2014
Vanderbilt University Law School
Trading Rabbit Ears For Wi-Fi: Aereo, The Public Performance Right, And How Broadcasters Want To Control The Business Of Internet Tv, Jacob Marshall
Vanderbilt Journal of Entertainment & Technology Law
Aereo, a start-up company that allows consumers to stream free, over-the-air broadcasts to their phones and computers, seems rather innocuous. Yet the major broadcasting networks have attempted to shut Aereo down since its inception, claiming that Aereo infringes on their copyright. Aereo claims that its unique technology--where each user is assigned their own, individual antenna--ensures that Aereo does not infringe on the broadcasters' public performance rights. The United States Supreme Court has granted certiorari on the matter. The broadcasters are approaching the case as an existential battle, claiming that Aereo threatens retransmission fees, licensing fees broadcasters collect from cable companies. …
Copyright's Knowledge Principle,
2014
Vanderbilt University Law School
Copyright's Knowledge Principle, Jenny L. Sheridan
Vanderbilt Journal of Entertainment & Technology Law
This Article argues that copyright jurisprudence has lost sight of the knowledge principle at the heart of the constitutional justification for copyright. The Framers envisioned the objective of copyright as promoting the advancement of knowledge for a democratic society by increasing access to published works. Under what is best termed the "knowledge principle," access to existing knowledge is a necessary condition for the creation of new knowledge. Copyright jurisprudence has largely protected the interests of producers--from early booksellers to modern Hollywood film companies--failing to notice the central role of access to works as a necessary pre-condition to the creation of …
Legislating Trust,
2014
Schulich School of Law, Dalhousie University
Legislating Trust, John D. Gregory
Canadian Journal of Law and Technology
As governments in Canada and elsewhere have considered statutes to ensure that electronic communications are legally effective, they have invariably had to face questions about the reliability of those communications. Can we trust electronic messages, documents, and signatures? Are they the same in law as if they were on paper? What conditions should be imposed in order to give us the right assurances that we can trust them? To answer these questions properly, we need to understand the nature of “trust” and the extent to which legislation can be a source of it, and what other sources should be enlisted …
Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance,
2014
University of Richmond
Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander
Richmond Journal of Law & Technology
But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.
Cover Letter,
2014
University of Richmond
Cover Letter, Laura M. Bedson
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is pleased to present the first issue of the Twenty-First Volume. With its first publication in 1995, JOLT became the world’s first law review to be published exclusively online. It was with that original publication that JOLT established itself as one of the leading publications in the legal technology field. Today, JOLT has continued the bold tradition of publishing articles to further scholarship in areas of new and emerging fields that fall at the intersection of technology and the law.
Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?,
2014
University of Richmond
Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson
Richmond Journal of Law & Technology
On December 19, 2013, the retailer Target announced that unauthorized third parties had gained access to its customer payment information. While Target originally estimated that the security breach affected 40 million of its customers, a subsequent investigation revealed that anywhere from 70 to 110 million people—almost one in three Americans—may have had their sensitive payment information stolen. In response, the retailer offered free credit monitoring services and assured affected customers that they would not be responsible for fraudulent charges made with their payment information.
Using Internet Artifacts To Profile A Child Pornography Suspect,
2014
Purdue University
Using Internet Artifacts To Profile A Child Pornography Suspect, Kathryn C. Seigfried-Spellar, Marcus K. Rogers
Faculty Publications
Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …
The Right To Be Forgotten: Who Decides What The World Forgets?,
2014
University of Miami School of Business Administration
The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton
Kentucky Law Journal
In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyber law community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital "right to be forgotten." The search results in question related to a mortgage sale of property in a …
Federalism In The Financing Of 911 Emergency Call Services: Nature Of The Federal-State Funding Arrangement To Finance Next Generation 911 Services,
2014
Case Western Reserve University School of Law
Federalism In The Financing Of 911 Emergency Call Services: Nature Of The Federal-State Funding Arrangement To Finance Next Generation 911 Services, James E. Holloway, Elaine Seeman, James Kleckley
Journal of Law, Technology, & the Internet
No abstract provided.
Antiquity Meets The Modern Age: Ebay's Potential Criminal Liability For Counterfeit And Stolen International Antiquity Sales,
2014
Case Western Reserve University School of Law
Antiquity Meets The Modern Age: Ebay's Potential Criminal Liability For Counterfeit And Stolen International Antiquity Sales, Jennifer Anglim Kreder, Jason Nintrup
Journal of Law, Technology, & the Internet
No abstract provided.
Legal Phantoms In Cyberspace: The Problematic Status Of Information As A Weapon And A Target Under International Humanitarian Law,
2014
Vanderbilt University Law School
Legal Phantoms In Cyberspace: The Problematic Status Of Information As A Weapon And A Target Under International Humanitarian Law, Jack M. Beard
Vanderbilt Journal of Transnational Law
Reports of state-sponsored harmful cyber intrusions abound. The prevailing view among academics holds that if the effects or consequences of such intrusions are sufficiently damaging, international humanitarian law (IHL) should generally govern them--and recourse to armed force may also be justified against states responsible for these actions under the jus ad bellum. This Article argues, however, that there are serious problems and perils in relying on analogies with physical armed force to extend these legal regimes to most events in cyberspace. Armed conflict models applied to the use of information as a weapon and a target are instead likely to …
Trademark Protection In The New Internet Age: Template For Successful Legal Rights Objections In The Gtld Revolution,
2014
Benjamin N. Cardozo School of Law
Trademark Protection In The New Internet Age: Template For Successful Legal Rights Objections In The Gtld Revolution, Kate Dolinska
Cardozo Arts & Entertainment Law Journal
No abstract provided.
