Internet Law Commons^™

Creating A United Front: Harmonizing The United States Regulatory Policies Surrounding Human Embryonic Stem Cell Research, Sydney Kossow

SMU Science and Technology Law Review

Stem cell therapy is an imperative development in science and medicine that is heavily regulated worldwide. With the potential to cure illnesses, help understand disease development, and advance regenerative medicine, a harmonized regulatory policy is crucial to capitalize on the benefits of stem cells. This article examines an important topic of discussion surrounding stem cell therapy and research: the political debate on how and when embryonic stem cells can be used. In addition to examining ethical challenges, this article discusses the legal challenges surrounding using embryonic stem cells to inform regenerative therapies. Specifically, this article will examine the National Institute …

Selling Out For A Song: “Artist Abuse” And Saving Creatives From Servitude And Economic Disadvantage In The Entertainment Industry, Rick G. Morris

SMU Science and Technology Law Review

Artists drive the entertainment industry with their creative work, and in some cases, there are protections for artists when it comes to their work, wealth, and autonomy. However, the area of contracts called “private law,” under which artists’ contracts fall, is lightly regulated in comparison to other employment agreements. Artists, often at the beginning of their careers, are signed to long-term contracts that take advantage of them and do not provide adequate compensation. Artists might be locked into contractual arrangements that they cannot free themselves from. Sometimes, they are directly cheated. And much of this comes from people they trust, …

Book Review: Mike Zajko, Telecom Tension: Internet Service Providers And Public Policy In Canada*, Matt Malone

Canadian Journal of Law and Technology

The world of telecommunications, writes Mike Zajko in this timely analysis of internet service providers (ISPs), “is a world many of us have never wondered about, just as we are rarely curious about where our sewage goes or how the electricity grid is configured.” Yet ISPs are not just conduits of fast-traveling light pulses that deliver the internet; they transmit, channel, form, and express a multitude of public policy issues, and they have an important level of agency in the construction and exercise of those policies, too. These dynamics have implications for a large bandwidth of topics relevant to Canadians, …

“The Virus Of Liberty”: John Perry Barlow, Internet Law, And Grateful Dead Studies, Joseph A. Tomain

Articles by Maurer Faculty

In 2019, the Duke Law and Technology Review published a special issue titled, "The Past and Future of the Internet: A Symposium for John Perry Barlow." This essay examines the legal scholarship in the Barlow symposium and frames it in the interdisciplinary terms of Grateful Dead studies. Part I focuses on the two Barlow essays that formed the basis of the symposium. Part II connects issues raised by the Barlow symposium to Grateful Dead studies. The essay concludes that Barlow's legacy should inspire others to engage both the cultural and political paths with “groundless hope,” because protecting the “inexplicable pleasures …

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

Reframing Technology-Facilitated Gender-Based Violence At The Intersections Of Law & Society, Jane Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence

Canadian Journal of Law and Technology

This introductory article proceeds in three parts. First, it discusses the origins of this special issue as part of a multi-event, SSHRC-funded conference that focused on pushing beyond a narrow conception of TFGBV; rather than approaching TFGBV as solely an issue of interpersonal behaviours, the animating objective of the conference was to examine the structural, systemic, and design factors that contribute to TFGBV. Second, it explores the importance and promise of reframing TFGBV in this way through intersectional and structural lenses. Third, it briefly highlights some of the key insights from each of the contributions in this special issue. It …

Blockchain And The Genesis Of Creative Justice To Disintermediate Creativity, Tonya M. Evans

Faculty Scholarly Works

Historically, the art market has been shrouded in opaqueness and exclusivity, permissioned access and asymmetry of information that rivals the systemic ills of legacy financial markets that led to the Great Recession. Moreover, legacy art market stakeholders have, through the centuries, been entrenched in elitist and inequitable notions of art that excluded Black artists. These legacy intermediaries have also consistently demonstrated a deep and enduring disdain for any art connected to the digital world. That is, until the age of COVID-19 and the dramatically increasing value and dominance of the non-fungible token (NFT) market.

This Essay explores why, and how, …

The Crimes Of Digital Capitalism, Aitor Jiménez, J.C. Oleson

Mitchell Hamline Law Review

No abstract provided.

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion

Dickinson Law Review (2017-Present)

No abstract provided.

Data Breach Notification Laws And The Quantum Decryption Problem, Phillip Harmon

Washington and Lee Law Review

In the United States, state data breach notification laws protect citizens by forcing businesses to notify those citizens when their personal information has been compromised. These laws almost universally include an exception for encrypted personal data. Modern encryption methods make encrypted data largely useless, and the notification laws aim to encourage good encryption practices.

This Note challenges the wisdom of laws that place blind faith in the continued infallibility of encryption. For decades, Shor’s algorithm has promised polynomial-time factoring once a sufficiently powerful quantum computer can be built. Competing laboratories around the world steadily continue to march toward this end. …

Comment: The Necessary Evolution Of State Data Breach Notification Laws: Keeping Pace With New Cyber Threats, Quantum Decryption, And The Rapid Expansion Of Technology, Beth Burgin Waller, Elaine Mccafferty

Washington and Lee Law Review

The legal framework that was built almost two decades ago now struggles to keep pace with the rapid expansion of technology, including quantum computing and artificial intelligence, and an ever-evolving cyber threat landscape. In 2002, California passed the first data breach notification law, with all fifty states following suit to require notice of unauthorized access to and acquisition of an individual’s personal information.1 These data breach notification laws, originally designed to capture one-off unauthorized views of data in a computerized database, were not built to address PowerShell scripts by cyber terrorists run across thousands of servers, leaving automated accessed data …

Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle

CMC Senior Theses

This thesis tracks the development of the Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act, or FOSTA/SESTA, which became federal law in 2018. The law's passage followed as a natural consequence of popular concerns about human trafficking. Congress passed the legislation by large margins in both houses given bipartisan opposition to sex trafficking. This thesis identifies plausible reasons for the only two Senate votes against the bill: those of Senators Rand Paul and Ron Wyden. Though these senators came from opposite sides of the aisle, they shared concerns about the future of free speech online and the potential failure …

Freedom To Morph? An Analysis Of Morphed Imagery, Child Pornography, And The First Amendment, Katie H. Jung

Catholic University Journal of Law and Technology

This article examines the current law related to child pornography and how it leaves a gap for morphed imagery to flourish. The jurisprudence in this area is insufficient to keep up with the changing technology which allows children to be portrayed in morphed imagery and argues that this should not fall within First Amendment protection. The Supreme Court has made it clear that protecting children is an exceedingly important interest and that traditional child pornography falls outside of what was traditionally considered to be protected First Amendment speech. This article argues that the Circuit Split, should the Supreme Court take …

The Anomaly That Is Privacy: Data Privacy Concerns Related To The Rise Of Microchip Implants In Humans, Kendra Lobban

Catholic University Journal of Law and Technology

No abstract provided.

Game Theory Optimized Fraud: How The Unlawful Internet Gambling Enforcement Act Created A Virtually Riskless Environment For White Collar Crime In Online Poker, Jeffrey Woolf

Upper Level Writing Requirement Research Papers

No abstract provided.

With Great (Computing) Power Comes Great (Human Rights) Responsibility: Cloud Computing And Human Rights, Vivek Krishnamurthy

Publications

Cloud computing underlies many of the most powerful and controversial technologies of our day - from large-scale data processing to face recognition systems - yet the human rights impacts of cloud computing have received little scrutiny. This article explains what cloud computing is, how it works, and what some of its most significant human rights impacts are through three case studies. It offers some initial thoughts on the human rights responsibilities of cloud computing providers under the United Nations Guiding Principles on Business and Human Rights and concludes by suggesting directions for future research.

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …

Software V. Software: How Section 230 Of The Communications Decency Act Threatens To Undermine Antitrust Law, Bailey S. Barnes

Oklahoma Law Review

No abstract provided.

Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin

Scholarly Works

As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …

Section 230 Is Not Broken: Why Most Proposed Section 230 Reforms Will Do More Harm Than Good, And How The Ninth Circuit Got It Right, Christian Sarceño Robles

FIU Law Review

In 1996, Congress enacted 47 U.S.C. § 230 (“Section 230”) as part of the Communications Decency Act (“CDA”), essentially protecting online services from any liability for content produced by third parties. With the hope to encourage internet service providers (“ISPs”) to moderate the content on their platforms so that minors would be less often exposed to indecent material online, the CDA authorized ISPs and users of interactive computer services to restrict access to inappropriate materials without risking liability from being classified as publishers. Section 230 quickly grew to become so central to US internet law that it has been cited …