Internet Law Commons^™

Is Your Data Good, Bad, Or Neutral?: Redefining Concreteness For Data Breach Harms, Jeeyoon Lim

Fordham Law Review

In recent years, the Supreme Court has tightened federal court standing requirements for intangible harms, including statutory harms. In TransUnion LLC v. Ramirez, the Court held that a mere statutory violation, absent a common-law analogue, is not sufficiently concrete to grant standing. The Court did not provide clear guidance as to how stringent the common-law analogue analysis must be, other than that it does not require an “exact duplicate.” Because of the ever-evolving nature of digital data, data breach victims attempting to enforce their statutory right to privacy in federal court have struggled to rely on tradition and history …

Common Law Notice-And-Takedown, Michael Goodyear

Articles & Chapters

Platform liability is a complex landscape under U.S. law. The immunity for users’ torts provided by Section 230 of the Communications Decency Act has understandably garnered the most attention. In addition, many intellectual property law scholars have also examined the requirements of the Digital Millennium Copyright Act (“DMCA”), which provides safe harbors for users’ copyright infringements. The DMCA enumerates a long series of requirements that online platforms must satisfy to be immunized for their users’ infringements, including a notice-and-takedown regime, a repeat infringer policy, and a prohibition on having the right and ability to control and a direct financial benefit. …

Dignity And Deepfakes, Michael Goodyear

Articles & Chapters

Today, we face a dangerous technosocial combination: AI-generated deepfakes and the Internet. Believable and accessible, these deepfakes have already spread sex, lies, and false advertisements across the Internet and targeted everyone from Taylor Swift to middle school students. Dissemination of deepfakes inflicts multifarious dignitary harms against their victims—especially women and LGBTQ+ persons—stripping them of control over their own identities, harming their reputations, and ostracizing them from society through shame.

Yet this is not the first time a new technology for capturing one’s likeness and a method for disseminating images threatened individuals’ dignity. In the late nineteenth century, the right of …

Traditional And Computational Canons, Eric H. Martinez

Faculty Scholarship

As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …

The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig

Faculty Scholarship

In addition to regulation of securities market issuers, the Securities & Exchange Commission (SEC) is also responsible for regulation of those entities that provide the networks, either electronic or physical, that enable the functioning of our securities markets. On February 9, 2022, the Commission published a Release for Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies containing proposals that, if adopted, would establish a new cybersecurity incident reporting and disclosure regime and require registered investment advisers (“advisers”) and investment companies (“funds”) to implement policies and procedures designed to address cyber risks. The comment period for …

Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi

Faculty Publications

Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ideal was ever a reality, the rise of mass market contracts and boil­erplate rendered it pure fiction. Modern consumer contracts are incomprehensible to most people. No one reads them anyway.

Digital contracting involves design features that amplify traditional boilerplate harms and create others. For example, digital contracting is too cheap; low marginal costs lead to overexpansion in scale and scope. To make matters worse, the loss of autonomy from repeat engagement with digital contracting systems is pernicious. People become increasingly predictable and programmable as digital …

Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk

Scholarly Works

This is an amicus curiae brief filed by Brian L. Frye, Jess Miers, and Mateusz Blaszczyk in support of ROSS Intelligence, Inc., arguing that Thomson Reuters's claim for copyright infringement should be dismissed.

‘Not The Usual Gig’: The Personal Scope(S) Of Application Of Directive 2024/2831 On Improving Working Conditions In Platform Work, Nicola Countouris, Valerio De Stefano

Articles & Book Chapters

This article examines the complex and innovative personal scope of the EU Platform Work Directive 2024/2831, highlighting its dual framing around the concepts of ‘platform workers’ and the broader category of ‘persons performing platform work’. The authors explore how the Directive partially departs from traditional binary distinctions between employees and self-employed persons by introducing a more nuanced regulatory approach anchored in both labour law and data protection law. The article analyses the scope of key provisions of the Directive, showing how it confers many protections beyond the confines of the employment relationship. It critically evaluates the potential interpretive tensions between …

Full Issue

Indian Journal of Law and Technology

No abstract provided.

Editorial Board

Indian Journal of Law and Technology

No abstract provided.

Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan

Brooklyn Journal of Corporate, Financial & Commercial Law

The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …

Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi

Brooklyn Journal of Corporate, Financial & Commercial Law

Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …

Are You The Sum Of Your Data? Appropriation Of Digital Persona As Appropriation Of Likeness, Lyrissa Barnett Lidsky

UF Law Faculty Publications

A review of Zahra Takhshid's article, Data as Likeness, 112 Geo. L. J. 1161 (2024).

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …

"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma

Indian Journal of Law and Technology

Lootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept …

Steering Indian Financial Services Towards Digital Operational Resilience: A Cross-Sectoral Approach, Vaibhav Vijay Nishad, Smruti Kulkarni

Indian Journal of Law and Technology

In India, among the three financial regulators, RBI’s recent focus on creating a robust ICT risk management framework has been at the forefront of the country’s digital operational resilience strategy. The continuous cyber threats and recent digital operational failures have highlighted the need for further enhancements to strategies that establish strong ICT risk management. Addressing these cybersecurity vulnerabilities requires more than prescriptive rules; it demands holistic, flexible, adaptive, and coordinated regulatory approaches to strengthen digital operational resilience. This paper analyses the key issues that need resolution to advance these efforts. We identify the misalignment of economic incentives for compliance as …

Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni

Indian Journal of Law and Technology

This paper presents a multi-jurisdictional analysis of digitalisation of justice and the perceived role of courts as public institutions upholding the rule of law and ensuring access to justice to all. Using selected examples from Argentina, India, Kenya and Malaysia, it examines the impact of digitalisation efforts of these countries on their citizens, marginalised populations, the State and private sector. We propose to design an approach to digital justice that centres people on the margins of digital transformation of courts. This includes three elements – first, engagement with people centered perspectives; second, focus on disadvantage and addressing socio-technical factors; and …

From ‘Gig Work’ To Algorithmically Mediated Work: Shifting The Focus To Technological Control In Work Regulation, Jasoon Chelat

Indian Journal of Law and Technology

Platform-based work is finding a place in legislative instruments in India in recent years, under the Code on Social Security, 2020, as well as state-level legislations. In this paper, I argue that these efforts to extend protections to gig or platform work are limited in their understanding of the way work is shaped by digital technologies both within and outside of platforms. Platform-based work regulation seems to have skipped a step: the regulatory discourse has moved on to a welfare-focused model present in informal work, without examining existing jurisprudence on worker rights relevant to digitally mediated work. These legislative instruments …

In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy

Indian Journal of Law and Technology

A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology. Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable. By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of …

Ai At Work, Algorithmic Bosses, And The Ambivalence Of Automation, Antonio Aloisi, Valerio De Stefano

All Papers

This chapter revisits a foundational question (“what do bosses do?”) to explore how artificial intelligence (AI) is reshaping power dynamics in the workplace. Far from neutral tools of optimisation, algorithmic systems increasingly amplify managerial prerogatives, embedding them into automated processes that are difficult to scrutinise or contest. These developments give rise to a paradox: managers and workers are simultaneously augmented and disempowered, caught in systems that intensify control while eroding autonomy. Drawing on legal, organisational, and regulatory perspectives, we argue that existing safeguards, ranging from data protection rights to information and consultation, are ill-equipped to confront this shift. The chapter …