Internet Law Commons^™

The Scored Society: Due Process For Automated Predictions, Danielle Keats Citron, Frank A. Pasquale

Faculty Scholarship

Big Data is increasingly mined to rank and rate individuals. Predictive algorithms assess whether we are good credit risks, desirable employees, reliable tenants, valuable customers—or deadbeats, shirkers, menaces, and “wastes of time.” Crucial opportunities are on the line, including the ability to obtain loans, work, housing, and insurance. Though automated scoring is pervasive and consequential, it is also opaque and lacking oversight. In one area where regulation does prevail—credit—the law focuses on credit history, not the derivation of scores from data.

Procedural regularity is essential for those stigmatized by “artificially intelligent” scoring systems. The American due process tradition should inform …

The New Territorialism In The Not-So-New Frontier Of Cyberspace, William L. Reynolds, Juliet M. Moringiello

Faculty Scholarship

This Essay addresses the following questions: What jurisdictions should govern cyberspace problems? Are cyberspace problems different from those in the tangible world? If so, what are the implications for governance? We conclude that the judicial response to cyberspace governance has been mostly correct. After some adaptation problems (an early learning curve), courts have generally followed common law analogs to cyberspace problems. In other words, those problems are not treated as unique unless there is something special about the internet that suggests different resolutions are needed. There certainly is nothing to suggest that American courts or legislatures are trying to occupy …

Aaron Swartz’S Fbi Files

United States Department of Justice: Publications

Aaron Hillel Swartz (November 8, 1986 – January 11, 2013) was an American computer programmer, writer, political organizer and Internet Hacktivist.

Swartz was involved in the development of the web feed format RSS, the organization Creative Commons, the website framework web.py and the social news site, Reddit, in which he became a partner after its merger with his company, Infogami. Swartz's later work focused on sociology, civic awareness and activism.

He helped launch the Progressive Change Campaign Committee in 2009 to learn more about effective online activism. In 2010 he became a research fellow at Harvard University's Safra Research Lab …

Aaron Swartz’S Secret Service Files

United States Department of Justice: Publications

These documents concern the indictment in Massachusetts for downloading JSTOR content from MIT library network.

Parts 1 & 2 are included in the main document.

Additional files are linked below, as follows:

Part 3 (3 files) -- 379 pages, 4067 pages (spreadsheet), & 190 pages (photos)

Part 4 -- 1 page

Part 5 -- 1 page

Part 6 -- 1 page

Part 7 -- 7 pages

Part 8 -- 237,397 pages (yes)

Part 9 -- 90 pages

Part 10 -- 259 pages

Part 11 -- 17 pages

Part 12 -- (not released as of 9/29/2014)

Part 13 -- 254 pages …

Chapters 859 & 863: Model Revenge Porn Legislation Or Merely A Work In Progress?, Michelle Daniels

McGeorge Law Review

No abstract provided.

Setting Parental Controls: Do Parents Have A Duty To Supervise Their Children’S Use Of The Internet?, 31 J. Marshall J. Info. Tech. & Privacy L. 309 (2014), Alberto Bernabe

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

“Bring Your Own Glass”: The Privacy Implications Of Google Glass In The Workplace, 30 J. Marshall J. Info. Tech. & Privacy L. 607 (2014), Anisha Mehta

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Chapter 336: Protecting Minors’ Online Reputations And Preventing Exposure To Harmful Advertising On The Internet, Brian Geremia

McGeorge Law Review

No abstract provided.

Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby

Journal of Business & Technology Law

No abstract provided.

E-Discovery: Reasonable Search, Proportionality, Cooperation, And Advancing Technology, 30 J. Marshall J. Info. Tech. & Privacy L. 433 (2014), Steven Bennett

UIC John Marshall Journal of Information Technology & Privacy Law

Rule 26(g)(1)(A) of the Federal Rules of Civil Procedure (the “Federal Rules”) requires that an attorney responding to a discovery request verify by signature, after “reasonable inquiry,” that the disclosure is, to the best of the attorney’s knowledge, “complete and correct.” In a digital environment, with masses of data in multiple formats and locations, the determination of whether a “reasonable” effort to meet the completeness requirement has occurred may turn on an assessment of the practices used to conduct a search of electronic materials. Those practices, in turn, must be judged on a standard of “proportionality” (i.e., that the effort …

From Morris To Nosal: The History Of Exceeding Authorization And The Need For A Change, 30 J. Marshall J. Info. Tech. & Privacy L. 465 (2014), Vasileios Karagiannopoulos

UIC John Marshall Journal of Information Technology & Privacy Law

This Article discusses and examines the various cases that pertain to the issue of exceeding authorized access throughout the years from United States v. Morris to the recent United States v. Nosal. Further, this Article thoroughly examines the Ninth Circuit’s approach regarding the issue of exceeding authorization; specifically, the need for the Ninth Circuit’s narrower interpretation in United States v. Brekka and Nosal. Finally, this Article proposes an alternative phrasing for the term “exceeding authorization,” and a revised interpretation of the phrase and the relevant offenses under the Computer Fraud and Abuse Act. This recommended interpretation suggests establishing different degrees …

Cloud Computing, Regulatory Compliance, And Student Privacy: A Guide For School Administrators And Legal Counsel, 30 J. Marshall J. Info. Tech. & Privacy L. 511 (2014), Steve Mutkoski

UIC John Marshall Journal of Information Technology & Privacy Law

Rapid change in the technology landscape has resulted in the introduction of a range of new technologies into the classroom. But unlike the past use of technology in schools, many of these new products and services introduce two new dynamics that school counsel (and the teachers and administrators they support) need to understand fully. First, many of these new products and services are run “in the cloud” by a third party service provider as opposed to on servers operated by the school’s information technology (IT) staff. This third party operation and control can raise important new regulatory compliance issues, including …

Bitcoins: Technological Innovation Or Emerging Threat?, 30 J. Marshall J. Info. Tech. & Privacy L. 535 (2014), R. Joseph Cook

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Problems With Prism: How A Modern Definition Of Privacy Necessarily Protects Privacy Interests In Digital Communications, 30 J. Marshall J. Info. Tech. & Privacy L. 571 (2014), Adam Florek

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Right To Travel And Privacy: Intersecting Fundamental Freedoms, 30 J. Marshall J. Info. Tech. & Privacy L. 639 (2014), Richard Sobel

UIC John Marshall Journal of Information Technology & Privacy Law

As a fundamental right inherent in American citizenship and the nature of the federal union, the right to travel in the United States is basic to American liberty. The right precedes the creation of the United States and appears in the Articles of Confederation. The U.S. Constitution and Supreme Court recognize and protect the right to interstate travel. The travel right entails privacy and free domestic movement without governmental abridgement.

In the era of surveillance, the imposition of official photo identification for travel, watchlist prescreening programs, and invasive airport scans and searches unreasonably burden the right to travel. They undermine …

Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Control Over Personal Data, Privacy And Administrative Discretion In Europe And The Usa: The Paradox Of Italian “Data Protection Authority”, 30 J. Marshall J. Info. Tech. & Privacy L. 721 (2014), Marco Quiroz Vitale

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Online Gun Marketplace And The Dangerous Loophole In The National Instant Background Check System, 30 J. Marshall J. Info. Tech. & Privacy L. 757 (2014), Ann Daniels

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Where Has Privacy Gone? How Surveillance Programs Threaten Expectations Of Privacy, 30 J. Marshall J. Info. Tech. & Privacy L. 795 (2014), Michael Greene

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Now You See It, Now You Don’T . . . Or Do You?: Snapchat’S Deceptive Promotion Of Vanishing Messages Violates Federal Trade Commission Regulations, 30 J. Marshall J. Info. Tech. & Privacy L. 827 (2014), Danielle Young

UIC John Marshall Journal of Information Technology & Privacy Law

This Comment will explore the recently popular application Snapchat, and discuss the ways in which the app's privacy policy has violated FTC regulations, responding to a recent complaint filed by The Electronic Privacy Center. Particularly, this Comment will focus on Snapchat's deceptive promotion of "disappearing" photographs and videos. Section II will illustrate the basic structure of Snapchat, detailing various illustrations of its use. Section II will also examine the regulations set forth by the FTC that Snapchat is required to follow. Section III will discuss possible methods that the average user can do in order to bypass the very thing …