Internet Law Commons^™

Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reconciling Fair Use And Trademark Use, Margreth Barrett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Privacy As Product Safety, James Grimmelmann

Cornell Law Faculty Publications

Online social media confound many of our familiar expectations about privacy. Contrary to popular myth, users of social software like Facebook do care about privacy, deserve it, and have trouble securing it for themselves. Moreover, traditional database-focused privacy regulations on the Fair Information Practices model, while often worthwhile, fail to engage with the distinctively social aspects of these online services.

Instead, online privacy law should take inspiration from a perhaps surprising quarter: product-safety law. A web site that directs users' personal information in ways they don't expect is a defectively designed product, and many concepts from products liability law could …

Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton

Publications

No abstract provided.

Government Speech 2.0, Helen Norton, Danielle Keats Citron

Publications

New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine--which recognizes "government speech" as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint--only in the context of disputes involving fairly traditional forms of expression. In none of these decisions, moreover, has the …

You Can Have It, But Can You Hold It?: Treating Domain Names As Tangible Property, Daniel Hancock

Kentucky Law Journal

No abstract provided.

Fraud, Fools, And Phishing: Mail Fraud And The Person Of Ordinary Prudence In The Internet Age, Lauren D. Lunsford

Kentucky Law Journal

No abstract provided.

The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig

Canadian Journal of Law and Technology

In this article, I explore the important body of scholarship that has emerged over this time on the substance, nature, and role of the public domain. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a fairly comprehensive, but concise, review of this academic movement that has been directed towards substantiating and politicizing the concept of the public domain; and second, I hope to re-situate …

Fessing Up To Facebook: Recent Trends In The Use Of Social Network Websites For Civil Litigation, Pamela D. Pengelley

Canadian Journal of Law and Technology

For professional “fact-gatherers” such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is, therefore, crucial that legal and insurance professionals stay informed of new developments in this emerging area of law. This article, written with …

Google Adwords And Canadian Trademark Law, Reed W. Taubner

Canadian Journal of Law and Technology

This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.

This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …

Book Review: E-Discovery In Canada, Robert J. Currie

Canadian Journal of Law and Technology

It is not hyperbolic to say that the proliferation of electronically stored information (ESI) is probably the most prominent change-harbinger and potential havoc-wreaker in civil litigation today — second only, perhaps, to the spiralling costs of litigation itself. Indeed, the practical and legal difficulties associated with the storage, gathering, preservation, disclosure and evidentiary use of ESI have the potential to act as a Trojan Horse, causing what would previously have been ordinary cases to implode under their weight. Increasing recognition of this is evident; electronic discovery (e-discovery) cases have begun to emerge in the reports, a successful co-operative effort by …

Downloading Personhood: A Hegelian Theory Of Copyright Law, Karla M. O'Regan

Canadian Journal of Law and Technology

This article will examine these responses, identifying the competing interests at work in both traditional copyright schemes and contemporary Internet-based criticisms, and put forth a theory of copyright law capable of ad- dressing the needs of these rival interests in an advanced technological era.

Part I delineates some of the more prominent theories copyright scholars have offered in response to the “IP-IT crisis.” Part II attempts to identify the source of these problems by first examining conventional justifications for copyright and the competing interests inherently at work in its conception. Part III identifies three specific factors I argue are particularly …

Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis

Campbell Law Review

Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the …

Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef

Canadian Journal of Law and Technology

It is clear that the use of information technology is quickly becoming a necessity for the justice system. In civil cases, delays and costs are causing individuals to abandon the courts, and cases that make it to trial are of ever-increasing complexity. Moreover, public security is weakened by the inefficient and cumbersome conditions by which criminal justice information circulates among the various stakeholders, such as the police, prosecutors, the courts, penitentiaries and parole boards, to name only a few. It becomes apparent that information technology has much to offer individuals involved in court cases and the justice system as a …

Strong Medicine: Patents, Market, And Policy Challenges For Managing Neglected Diseases And Affordable Prescription Drugs, Taiwo A. Oriola

Canadian Journal of Law and Technology

The article is divided into six parts. Part one deals with the introduction, part two discusses the evolution of modern medicine and the socio-economic dynamics that shape the current prescription drug economics, part three discusses the pharmaceutical costs conundrum, part four analyses neglected diseases and the scale of the problem, part five discusses the role of patents on the pharmaceuticals costs trajectory and reviews literature on possible alternatives to promoting incentives for pharmaceuticals R&D, and part six sums up the discourse and reiterates the solutions to the problems identified.

The Patentability Of Electromagnetic And Acoustic Signals In Canada, Natalie Raffoul

Canadian Journal of Law and Technology

The issue of the patentability of electromagnetic and acoustic signals has not been litigated in Canada. If, however, the issue does come forward for litigation, Canadian courts may decide differently than their American colleagues did. The Supreme Court of Canada’s ‘Harvard Mouse’ decision shows that the Canadian law on patentable subject matter differs from American law. Under the Canadian definition of manufacture, electromagnetic and acoustic signals could constitute patentable subject matter.

A New Approach To Data Security Breaches, Gideon Emcee Christian

Canadian Journal of Law and Technology

This article examines the problems associated with data security breaches from two different, but not mutually exclusive, perspectives. The first part of the article examines the need for notification in the event of a data security breach and proposes an amendment of the Personal Information Protection and Electronic Document Act (PIPEDA) to create a legal, or statutory, obligation in Canada to compel disclosure or notification of data security breaches. My recommendations are based on the examination of legislation from other legal jurisdictions, highlighting, where necessary, the shortcomings of the legislation, which ought to be taken into consideration in amending PIPEDA …

Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa

Canadian Journal of Law and Technology

This article considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.

Web 2.0 Regulation: A Risk Management Process, Pierre Trudel

Canadian Journal of Law and Technology

In order to describe the law relating to Web 2.0, we have to look at the normativity that really operates there. Effective norms engender strong enough risks for stakeholders that they find it in their interest to comply. State legislation is not the only thing that governs Internet activities; the normativity that governs the resources associated with Web 2.0 flows from what the technology permits and prohibits, and also largely from stakeholder practices. Configurations and practices create risk or shift risk onto others. However, state regulators may consider that the risks arising out of Internet activities are worrisome enough that …

Fair Dealing Or Fare Stealing?: Implications Of Canadian Copyright Law Reform On The Online Classroom, Louis Grilli, Daniel Huff, Andrea Shakespeare, Michael Bliemel

Canadian Journal of Law and Technology

This article first examines Canadian copyright law as it pertains to distance education with a detailed review of literature, legislation and jurisprudence, including a comparison with influential law from the United States. Included in this analysis are the opinions of specialists and experts on distance education and copyright in the university environment, who were interviewed during this research. Based on the research findings, we have identified three distinct legislative outcomes. For each, we provide recommendations on how a university and other stakeholders might best protect their interests when confronted with any of these three possibilities.