Watching The Watchers,
2014
Washington University in St. Louis School of Law
Watching The Watchers, Neil M. Richards
Scholarship@WashULaw
In this essay from Wired Magazine (UK)'s special edition, The Wired World in 2014, Prof. Richards argues that sousveillance–watching the watchers–is an important development that will be on the rise in 2014.
The "Dot" Times They Are A-Changin': How New Generic Top Level Domains (Gtlds) Will Change Consumer Perception About The Internet,
2014
Cowan, Liebowitz & Latman
The "Dot" Times They Are A-Changin': How New Generic Top Level Domains (Gtlds) Will Change Consumer Perception About The Internet, Eric J. Shimanoff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Arbitration And The Contract Exchange,
2014
University of Colorado Law School
Arbitration And The Contract Exchange, Andrew A. Schwartz
Publications
A contract exchange, defined as an organized marketplace for the creation or trading of specific contracts, provides benefits to its members as well as the public at large. But legal disputes can arise on contract exchanges, just as they do anywhere else, and those disputes can be litigated, mediated, arbitrated, or resolved in some other way. This Essay claims that arbitration, rather than litigation, is a particularly useful and appropriate means for resolving exchange-related disputes, and that this is true not only for traditional contract exchanges, like the Chicago Board of Trade, but also for online "consumer contract exchanges," such …
Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance,
2014
Fordham University School of Law
Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain
Faculty Scholarship
Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whether transactional noncontent data should be shared with third parties, including law enforcement officials. This uncertainty about how to define public expectation as a descriptive matter has compelled courts to defer to legislatures to find out what public expectation ought to be more as a matter of prudence than doctrine. Courts and others presume that legislatures are far better than courts at defining public expectations about emergent technologies.This Essay argues that the reasonable …
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment,
2014
Dalhousie University Schulich School of Law
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …
Warrant Canaries Beyond The First Amendment: A Comment,
2014
Dalhousie University Schulich School of Law
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
Your Day In 'Wiki-Court': Adr, Fairness, And Justice In Wikipedia's Global Community,
2014
Dalhousie University Schulich School of Law
Your Day In 'Wiki-Court': Adr, Fairness, And Justice In Wikipedia's Global Community, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
Wikipedia has quickly become the largest volume of collected knowledge on the planet, but it is also one of the busiest centers for dispute resolution in the world. From small groups of individuals negotiating article changes on “talk pages”, to the involvement of hundreds of people in the formation of the community consensuses needed to implement new policies, to the use of binding arbitration to create final conflict resolutions, the Wikipedia community has developed a complex network of norms and rules that funnel all disagreements and intractable differences through a series of progressively more involved dispute resolution processes. I provide …
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment,
2014
Dalhousie University Schulich School of Law
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …
Warrant Canaries Beyond The First Amendment: A Comment,
2014
Dalhousie University Schulich School of Law
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
Pinterest And Copyright's Safe Harbors For Internet Providers,
2014
American University Washington College of Law
Pinterest And Copyright's Safe Harbors For Internet Providers, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Has the time come to substantially revise the Copyright Act to better adapt the law to the ever-evolving digital environment? A number of influential sources appear to think so. If their initiatives gain momentum, it will be important to consider lessons learned from the first such effort fifteen years ago when Congress made far-reaching changes to copyright law by extending the term of copyright for twenty years and by enacting a package of reform proposals known as the Digital Millennium Copyright Act (“DMCA”). This Article intertwines the story of one important provision of the DMCA - safe harbors for Internet …
Trial By Google: Judicial Notice In The Information Age,
2014
American University Washington College of Law
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature – attributes that …
The Oecd's Flawed And Dated Approach To Computer Servers Creating Permanent Establishments,
2014
Vanderbilt University Law School
The Oecd's Flawed And Dated Approach To Computer Servers Creating Permanent Establishments, Monica Gianni
Vanderbilt Journal of Entertainment & Technology Law
As the digital economy changes the way that we do business, tax laws have been challenged to adapt appropriately to this nontraditional business method. International tax rules were developed in a different technological era. To accommodate electronic commerce, existing tax rules either have to be applied to electronic-commerce transactions, or new rules have to be developed. The Organisation for Economic Co-operation and Development (OECD) has taken the lead in studying and recommending appropriate international taxation rules for electronic commerce. This Article focuses on the original central tax issue that the OECD considered--jurisdiction to tax income from electronic commerce based on …
After Search Neutrality: Drawing A Line Between Promotion And Demotion,
2014
University of Michigan Law School
After Search Neutrality: Drawing A Line Between Promotion And Demotion, Daniel A. Crane
Articles
The Federal Trade Commission's (“FTC” or “the commission”) January 3, 2013 decision to close its longstanding investigation of Google1 brings to a close a flurry of discussion over the possibility that Google could become subject to a “search neutrality” principle in the United States. Although the Commission found against Google on several grounds, it rejected petitions from Google's critics to create a search neutrality principle as a matter of antitrust law. This essay briefly analyzes what remains of U.S. antitrust scrutiny of Internet search bias after the Google settlement. In particular, it suggests that a sensible line can be drawn …
Locality V. Online Travel Company: Does The Bell Finally Toll For Quill Corp. V. North Dakota,
2014
University of Maryland Francis King Carey School of Law
Locality V. Online Travel Company: Does The Bell Finally Toll For Quill Corp. V. North Dakota, Jaan Rannik
Journal of Business & Technology Law
No abstract provided.
A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine,
2014
Boston University School of Law
A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs
Faculty Scholarship
A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court …
Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders,
2014
Benjamin N. Cardozo School of Law
Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders, Laura Tatelman
Cardozo Journal of Equal Rights & Social Justice
The note argues that blanket bans on internet and internet-capable devices as a condition of supervised release for child pornography offenders are unconstitutional under the doctrine of unconstitutional conditions. These bans infringe on fundamental liberties such as speech, association, and access to information, disproportionately affecting offenders’ ability to reintegrate into society. The analysis advocates for a balanced approach that prioritizes public safety while respecting constitutional rights, suggesting alternatives like supervised release rather than outright internet prohibition.
From Google To Tolstoy Bot: Should The First Amendment Protect Speech Generated By Algorithms?,
2014
University of Colorado Law School
From Google To Tolstoy Bot: Should The First Amendment Protect Speech Generated By Algorithms?, Margot Kaminski
Publications
No abstract provided.
Regulating The Internet Of Things: First Steps Toward Managing Discrimination, Privacy, Security, And Consent,
2014
University of Colorado Law School
Regulating The Internet Of Things: First Steps Toward Managing Discrimination, Privacy, Security, And Consent, Scott R. Peppet
Publications
The consumer "Internet of Things" is suddenly reality, not science fiction. Electronic sensors are now ubiquitous in our smartphones, cars, homes, electric systems, health-care devices, fitness monitors, and workplaces. These connected, sensor-based devices create new types and unprecedented quantities of detailed, high-quality information about our everyday actions, habits, personalities, and preferences. Much of this undoubtedly increases social welfare. For example, insurers can price automobile coverage more accurately by using sensors to measure exactly how you drive (e.g., Progressive 's Snapshot system), which should theoretically lower the overall cost of insurance. But the Internet of Things raises new and difficult questions …
Fan Fiction And Canadian Copyright Law: Defending Fan Narratives In The Wake Of Canada's Copyright Reforms,
2014
Schulich School of Law, Dalhousie University
Fan Fiction And Canadian Copyright Law: Defending Fan Narratives In The Wake Of Canada's Copyright Reforms, Rebecca Katz
Canadian Journal of Law and Technology
Amateur, non-commercial writing based on contemporary copyrighted works — “fan fiction” — is a practice that is worth defending despite its unclear status vis a vis copyright law. In this article, I assess how Canadian fan authors may defend their works using Canadian copyright law. I argue that the recent copyright reforms are promising for fan and other second generation creators. The new fair dealing categories of parody and satire are positive steps, though the broad and technologically neutral non-commercial user-generated content provi-sion may be the most promising reform of all. I begin with an exploration of the benefits of …
Atteinte À La Vie Privée Et Publicité Comportementale,
2014
Schulich School of Law, Dalhousie University
Atteinte À La Vie Privée Et Publicité Comportementale, Virginie Blanchette-Séguin
Canadian Journal of Law and Technology
Le présent texte aura pour objet les questions relatives à la vie privée que soulève la publicité comportementale et le suivi des activités des individus qu’elle implique par définition. Pour ce faire, nous délimiterons d’abord le spectre du droit à la vie privée en droit québécois dans ce contexte (I.) et nous poursuivrons selon une approche plus critique en nous prononçant sur les différents arguments pouvant être soulevés quant à l’absence d’une perception humaine dans une violation potentielle du droit à la vie privée (II.)
