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Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner 2021 American University Washington College of Law

Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner

American University International Law Review

No abstract provided.


Triping On Trade Secrets: How China’S Cybertheft Of U.S. Trade Secrets Violated Trips, Kassidy Schmitz 2021 American University Washington College of Law

Triping On Trade Secrets: How China’S Cybertheft Of U.S. Trade Secrets Violated Trips, Kassidy Schmitz

American University International Law Review

No abstract provided.


2021 Biennial Report, 2021 University of Washington School of Law

2021 Biennial Report

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become a leading source for tech policy research and education and an indispensable resource to local, national, and international policymakers. In its seven-year history, the Lab has built a strong network and increased credibility that allows us to work directly with policymakers, publish research and guides on emerging technologies, and provide opportunities for the public to learn from experts. The last two years found not only our state, but our nation and the world in a time of great uncertainty. American society strives to reconcile centuries of racial and other …


Leveraging Domestic Law Against Cyberattacks, Justin Malzac 2021 American University Washington College of Law

Leveraging Domestic Law Against Cyberattacks, Justin Malzac

American University National Security Law Brief

No abstract provided.


“Hey Siri, I’M Being Pulled Over.”, Charlene Collazo Goldfield, Gabriela Chambi, Amanda Torres 2021 George Washington University Law School

“Hey Siri, I’M Being Pulled Over.”, Charlene Collazo Goldfield, Gabriela Chambi, Amanda Torres

Joint PIJIP/TLS Research Paper Series

Statistics show that policing disproportionately affects communities of color; police are more likely to use force against Black and brown people.1 Data from non-violent encounters (e.g., reason for the stop, type of force used, and presence of witnesses) is rarely collected or disregarded altogether.2 Video evidence can publicize police violence. Bystander video during George Floyd’s murder led to arrests and a global racial reckoning because it depicted the reality of police encounters for people of color. Although technological advancements have led to positive developments for civilian safety (e.g., body cameras and in-car videos), data collection consistency and accountability …


The Future Of Electronic Waste: Placing Electronic Waste Back In The Hands Of The Manufacturers, Emma Cross 2021 University of Maryland Francis King Carey School of Law

The Future Of Electronic Waste: Placing Electronic Waste Back In The Hands Of The Manufacturers, Emma Cross

Maryland Journal of International Law

No abstract provided.


Data Protection Commissioner V. Facebook Ireland Limited And Maximillian Schrems: Where Do We Go From Here?, Dillon Swensen 2021 University of Maryland Francis King Carey School of Law

Data Protection Commissioner V. Facebook Ireland Limited And Maximillian Schrems: Where Do We Go From Here?, Dillon Swensen

Maryland Journal of International Law

No abstract provided.


The German Netzdg As Role Model Or Cautionary Tale? Implications For The Debate On Social Media Liability, Patrick Zurth 2021 Ludwig Maximilian University of Munich (LMU)

The German Netzdg As Role Model Or Cautionary Tale? Implications For The Debate On Social Media Liability, Patrick Zurth

Fordham Intellectual Property, Media and Entertainment Law Journal

What can be done against discrimination, bullying, insults, and the spread of dangerous fake news on social media platforms? While platforms in the United States enjoy broad discretion on how to approach that issue, there are both legal and political debates regarding social media regulation. Germany, by contrast, advances the opposite approach: requiring social media providers to block or remove illegal content. The Netzwerkdurchsetzungsgesetz (“NetzDG,” “Network Enforcement Act,” the “Act”) of 2017 outlines a specific procedure for implementing such a claim. The Act is the first of its kind in the western democratic states. Other countries have invoked or discussed …


A Monopoly Of Thought—How Growing Anticompetitive Practices On The Internet Affect Creative Work, Laurel Brown 2021 Seattle University School of Law

A Monopoly Of Thought—How Growing Anticompetitive Practices On The Internet Affect Creative Work, Laurel Brown

Seattle University Law Review

This Note will address how dominant Internet companies detrimentally impact creative work and how legal solutions might be employed to combat the damage inflicted by online monopolies. Part I will focus on how certain Internet companies became dominant, showing an evolution from egalitarian ideals to the consolidated control of the World Wide Web (the web) by companies like Google, Facebook, and Amazon. In Part II, this Note will focus on how two particular companies—Google and Facebook—affect creative endeavors in their control of access to audiences and by determining the economics of content production on the Internet. Part III details what …


Masthead, Case Western Reserve Journal of Law, Technology & the Internet 2021 Case Western Reserve University School of Law

Masthead, Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.


Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher 2021 Columbia Law School

Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher

Kernochan Center for Law, Media, and the Arts

This Note argues that the traditional legal framework for analyzing a work of alleged criticism as fair use is particularly constraining for YouTube reaction videos and other audiovisual forms of criticism that largely critique or comment on an original work in a non-spoken, visual manner. It discusses the emphasis that the current fair use jurisprudence places on spoken and written critical elements when undertaking a fair use analysis of a work of criticism, then advocates for a new conception of fair use criticism that incorporates film-specific analytical techniques and concepts when analyzing the critical elements of online audiovisual works. Part …


Masthead, Editor-in- Chief 2021 The Catholic University of America, Columbus School of Law

Masthead, Editor-In- Chief

Catholic University Journal of Law and Technology

No abstract provided.


Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali 2021 The Catholic University of America, Columbus School of Law

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.


Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson 2021 Charles Koch Institute

Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson

Catholic University Journal of Law and Technology

The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.


Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek 2021 The Catholic University of America, Columbus School of Law

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …


To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard 2021 Catholic University of America (Student)

To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard

Catholic University Journal of Law and Technology

The purpose of this article is to analyze whether cloud service providers should be considered Systemically Important Financial Market Utilities (SIFMU), subjecting them to increased oversight. It also considers the risks and benefits associated with the use of the technology by financial institutions, as well as potential alternatives. Overall, this article argues that cloud service providers do not fall under the current SIFMU framework, and any regulation of the technology should strive to strike a balance between innovation and safe regulation.


Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist 2021 Berkeley Law & Technology Group, LLP

Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist

Catholic University Journal of Law and Technology

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced by the Google v. Oracle which has percolated in the courts for nearly a decade and is now being heard by the US Supreme Court (oral argument was on October 7, 2020). However, the thesis of this article that a legal construct is capable of being formulated that is analytically consistent and that …


"Times They Are A Changin'" - Can The Ad Tech Industry Survive In A Privacy Conscious World?, Meaghan Donahue 2021 Catholic University of America (Student)

"Times They Are A Changin'" - Can The Ad Tech Industry Survive In A Privacy Conscious World?, Meaghan Donahue

Catholic University Journal of Law and Technology

The "ad tech ecosystem" is a web of interconnected technologies and intermediaries that facilitate targeted advertising based on consumer data, and supports the free internet while providing users with promotional content relevant to their interests. However, in recent years, lawmakers and consumer advocates have highlighted the dangers associated with the unregulated use of consumer data for advertising purposes, prompting a flurry of legislative action at both the state and federal levels. These various laws and proposed bills impose new challenges on the ad tech industry--threatening to fundamentally change the way the business operates. However, through innovation and creative thinking, the …


Table Of Contents, Editor-in- Chief 2021 The Catholic University of America, Columbus School of Law

Table Of Contents, Editor-In- Chief

Catholic University Journal of Law and Technology

No abstract provided.


You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr 2021 Catholic University of America (Student)

You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr

Catholic University Journal of Law and Technology

If unauthenticated evidence is admitted into the court's record, and makes a defendant’s charge more probable, that defendant’s Fifth and Fourteenth Amendment rights to life and liberty have been violated. Social media evidence, due to the ease of hacking and catfishing, can be unreliable, thus Maryland and Texas have led the way, with two respective approaches, on how to handle such evidence. Maryland, with its proscribed three authentication methods, has a less trusting view of social media, and realizes the dangers wrongfully entered evidence may have on a defendant’s due process. Alternatively, Texas has not heighten scrutiny on social media …


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