Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring,
2012
Touro University Jacob D. Fuchsberg Law Center
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig
Scholarly Works
Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …
The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The,
2012
Case Western Reserve University School of Law
The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline
Journal of Law, Technology, & the Internet
No abstract provided.
Configuring The Networked Citizen,
2012
Georgetown University Law Center
Configuring The Networked Citizen, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Among legal scholars of technology, it has become commonplace to acknowledge that the design of networked information technologies has regulatory effects. For the most part, that discussion has been structured by the taxonomy developed by Lawrence Lessig, which classifies "code" as one of four principal regulatory modalities, alongside law, markets, and norms. As a result of that framing, questions about the applicability of constitutional protections to technical decisions have taken center stage in legal and policy debates. Some scholars have pondered whether digital architectures unacceptably constrain fundamental liberties, and what "public" design obligations might follow from such a conclusion. Others …
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies,
2012
Vanderbilt University Law School
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, Alexandra L. Pichette
Vanderbilt Journal of Entertainment & Technology Law
Every year, worldwide dependence on Internet and other information technology services grows. In many ways, the increased use of electric energy is positive for the environment; after all, using the Internet to access a document uses less energy than printing and distributing that document. Nonetheless, Internet companies expend a great deal of energy when they, for example, fire up their servers to satisfy a search request. Studies show that Internet companies are disproportionately large energy consumers, and are responsible for a growing number of carbon emissions. As a result, environmentalists are becoming concerned about the effects of these emissions on …
The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization,
2012
Schulich School of Law, Dalhousie University
The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff
Canadian Journal of Law and Technology
This article considers the effectiveness of the present privacy regimes in North America as it relates to the protection of consumer information that is gathered in the ordinary course of business. It is argued that the present moves towards a Privacy by Design approach shows great potential and can gain valuable insights from established doctrines in commercial and consumer protection law. Moreover, it is proposed that the aims of such an approach can be achieved by deeming personal information and behavioral data to be the property of the individual that it pertains to. It is then suggested that a regulatory …
Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union,
2012
Schulich School of Law, Dalhousie University
Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union, David Krebs
Canadian Journal of Law and Technology
Cloud computing is a growing phenomenon and promises greater efficiency and reduced-cost computing. However, some of the basic technological and business-related features of the Cloud are at odds with personal data protection laws. Canada and the European Union share similar core values related to privacy/data protection, and both regions aim to increase their competitiveness regarding cloud computing. Having these two similarities in mind, this paper explores the current legal and stakeholder landscape in Canada and the European Union with respect to cloud computing, data protection and how adoption of the model can be advanced. The analysis shows that neither of …
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce,
2012
Faculty of Law, Schulich School of Law, Dalhousie University
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie
Canadian Journal of Law and Technology
The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …
Smoke And Mirrors: America Invents Act 2011: A Chill In The Air,
2012
University at Buffalo School of Law
Smoke And Mirrors: America Invents Act 2011: A Chill In The Air, Robert I. Reis
Journal Articles
Summer
Beneficiaries Of Misconduct: A Direct Approach To It Theft,
2012
American University, Washington College of Law
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Scholarly Articles in Law Reviews & Journals
Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …
Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm,
2012
Case Western Reserve University School of Law
Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers
Journal of Law, Technology, & the Internet
No abstract provided.
Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright,
2012
Case Western Reserve University School of Law
Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone
Journal of Law, Technology, & the Internet
No abstract provided.
Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad,
2012
Case Western Reserve University School of Law
Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick
Journal of Law, Technology, & the Internet
No abstract provided.
Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule,
2012
Case Western Reserve University School of Law
Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White
Journal of Law, Technology, & the Internet
No abstract provided.
United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment,
2012
Case Western Reserve University School of Law
United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment, Herbert W. Titus, William J. Olson
Journal of Law, Technology, & the Internet
No abstract provided.
Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace,
2012
Case Western Reserve University School of Law
Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna
Journal of Law, Technology, & the Internet
No abstract provided.
Switching The Flip: Questioning The Government's Authority To Shut Down Communication Networks In Furtherance Of Public Safety,
2012
Benjamin N. Cardozo School of Law
Switching The Flip: Questioning The Government's Authority To Shut Down Communication Networks In Furtherance Of Public Safety, Eric B. Einisman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality,
2012
Benjamin N. Cardozo School of Law
Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality, Ashleigh Hebert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Communications Disruption And Censorship Under International Law: History Lessons,
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,
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 …
Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage,
2012
Stockholm University - Faculty of Law
Cross-Border Extended Collective Licensing: A Solution To Online Dissemination Of Europe’S Cultural Heritage, Johan Axhamn, Lucie Guibault
Articles, Book Chapters, & Popular Press
The ever increasing use of the Internet and of digitisation technologies have opened up new possibilities for distributing and accessing creative content online, including for cultural heritage institutions. However, the digitisation and dissemination of a substantial proportion of the collections held by European cultural institutions may be considerably hindered due to high transaction costs related to clearance of copyright and related rights. This holds equally true for the cultural institutions taking part in the Europeana project. This study examines whether the Nordic “extended collective licensing” (ECL) model could provide a viable solution to the problems of digitisation and dissemination of …
