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Expectations Of Privacy In Social Media, Stephen E. Henderson 2012 University of Oklahoma College of Law

Expectations Of Privacy In Social Media, Stephen E. Henderson

Faculty Articles

This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …


How Jon Stewart And Lady Gaga Made Congress Less Lame: The Impact Of Social Media On The Passage Of Bills Through The "Lame Duck" Session Of The 111th Congress And Beyond, Onika K. Williams 2012 Indiana University Maurer School of Law

How Jon Stewart And Lady Gaga Made Congress Less Lame: The Impact Of Social Media On The Passage Of Bills Through The "Lame Duck" Session Of The 111th Congress And Beyond, Onika K. Williams

Indiana Law Journal

The lame duck 111th Congress saw tremendous action in a relatively short period of time, and it was also witness to a phenomenon of social media. Users on websites such as Facebook and Twitter employed social media to send messages to their representatives and to actively participate in the lame duck session. Jon Stewart used television to advocate for Congress’s passing of the James Zadroga 9/11 Health and Compensation Act, and Lady Gaga employed Twitter to support the Don’t Ask, Don’t Tell Repeal Act of 2010. Both bills subsequently passed Congress. The social media phenomenon did not end with the …


Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair 2012 University of Leiden, The Netherlands

Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair

IP Theory

No abstract provided.


Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford 2012 John Marshall Law School

Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford

UIC Law Open Access Faculty Scholarship

Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version of ping pong or tennis requiring little more to play than a ball, two paddles, a scoring indicator, and a couple of memorable sounds. While it was not the first video game, Pong was the first video game hit. With unauthorized copying of a successful product occurring, it is not surprising that a lawsuit resulted in the fall of 1973, one that predates the more …


Antibiotic Resistance, Jessica D. Litman 2012 University of Michigan Law School

Antibiotic Resistance, Jessica D. Litman

Articles

Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …


Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney 2012 Dalhousie University Schulich School of Law

Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney

Articles, Book Chapters, & Popular Press

With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …


Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney 2012 Dalhousie University Schulich School of Law

Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney

Articles, Book Chapters, & Popular Press

Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …


Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon Penney 2012 Dalhousie University Schulich School of Law

Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon Penney

Articles, Book Chapters, & Popular Press

Freedom, liberty, and autonomy are the ideals mainly associated with Internet's first generation of thinkers, writers and "netizens," those who helped forge the Internet and the early technological and intellectual foundations of the idea of “cyberspace.” These ideas were, says Lawrence Lessig, the “founding values of the Net” and inspired an entire generation of scholarship focused on preserving the free and open nature of the Internet’s culture and architecture. But what has anyone to say about equality? Few, if any, Internet scholars today focus on equality as a similar value to be promoted or achieved. Returning to some of the …


Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney 2012 Dalhousie University Schulich School of Law

Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney

Articles, Book Chapters, & Popular Press

Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …


Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney 2012 Dalhousie University Schulich School of Law

Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney

Articles, Book Chapters, & Popular Press

With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …


Sealand, Havenco, And The Rule Of Law, James Grimmelmann 2012 Cornell Law School

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

Cornell Law Faculty Publications

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …


Incitement To Riot In The Age Of Flash Mobs, Margot E. Kaminski 2012 University of Colorado Law School

Incitement To Riot In The Age Of Flash Mobs, Margot E. Kaminski

Publications

As people increasingly use social media to organize both protests and robberies, government will try to regulate these calls to action. With an eye to this intensifying dynamic, this Article reviews First Amendment jurisprudence on incitement and applies it to existing statutes on incitement to riot at a common law, state, and federal level. The article suggests that First Amendment jurisprudence has a particularly tortuous relationship with regulating speech directed to crowds. It examines current crowd psychology to suggest which crowd behavior, if any, should as a matter of policy be subject to regulation. It concludes that many existing incitement-to-riot …


The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman 2012 UC Hastings College of the Law

The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman

Faculty Scholarship

Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data. In 2011 Congress directed the nonpartisan Government Accountability Office to study the effects of non-practicing entities on patent litigation. At the request of the GAO, we collected and coded a set of patent lawsuits filed over the past five years. This article presents our analysis of the data and its implications. The data confirm in a dramatic fashion …


Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton 2012 University of Washington School of Law

Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton

Washington Journal of Law, Technology & Arts

A Taiwanese court sentenced a blogger to 30 days of detention for her comments that a restaurant’s food was too salty and that the locale was unsanitary. In Indonesia, a woman was sentenced to six months in jail for libel after an e-mail she sent to friends about poor treatment she received in a hospital was posted on Facebook. These are not isolated cases of persecution, but part of a broad pattern of challenges facing individuals around the world. The United Nations recently released a report on legal trends involving restriction of expression on the Internet, declaring that freedom of …


Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith 2012 University of Washington School of Law

Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith

Washington Journal of Law, Technology & Arts

Social networking is a popular form of online interaction that combines several types of electronic communication in a single user interface. An attorney working with evidence found on social networking sites should have a general understanding of how users create and access content on social networking platforms. Before such evidence may be presented to the jury, an attorney must make a showing of authenticity. The proponent of the evidence may need to use different authentication methods depending on the type of communication involved. This Article provides background information about social networks and explores how to authenticate common types of evidence …


Welcoming Remarks, Joseph J. Norton 2012 Southern Methodist University

Welcoming Remarks, Joseph J. Norton

SMU Science and Technology Law Review

No abstract provided.


China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng 2012 Southern Methodist University

China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng

SMU Science and Technology Law Review

No abstract provided.


The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson 2012 Southern Methodist University, Dedman School of Law

The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson

SMU Science and Technology Law Review

No abstract provided.


Bullies In A Wired World: The Impact Of Cyberspace Victimization On Adolescent Mental Health And The Need For Cyberbullying Legislation In Ohio, Kelly A. Albin 2012 Cleveland State University

Bullies In A Wired World: The Impact Of Cyberspace Victimization On Adolescent Mental Health And The Need For Cyberbullying Legislation In Ohio, Kelly A. Albin

Journal of Law and Health

This Note examines cyberbullying's impact on adolescents' mental health and psychological development and explores an Ohio-specific legislative response to the problem. Part II addresses the urgent need for cyberbullying legislation, the inadequacy of Ohio law, and the detrimental effects that may result when juveniles are targeted by cyberbullies. Part III demonstrates how other states have reacted to the cyberbullying problem by amending already enacted bullying statutes or by creating new and specific cyberbullying laws. Part IV proposes a new cyberbullying statute that criminalizes the more extreme cases of cyberbullying, incorporates age as a sentencing factor, and introduces school-employee liability for …


Professionalism Down The Tube: The Use Of Social Networking By And Against Lawyers, Janea Raines 2012 Loyola University Chicago, School of Law

Professionalism Down The Tube: The Use Of Social Networking By And Against Lawyers, Janea Raines

Public Interest Law Reporter

No abstract provided.


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