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A Commercial Law For Software Contracting, Michael L. Rustad, Elif Kavusturan 2019 Suffolk University Law School

A Commercial Law For Software Contracting, Michael L. Rustad, Elif Kavusturan

Washington and Lee Law Review

Since the 1980s, software is at the core of most modern organizations, most products and most services. Part II of this Article examines how the U.C.C. evolved as the primary source of law for the first generation of computer contracts during the mainframe computer era. Part III examines how courts have overextended U.C.C. Article 2, as the main source of law for software licensing, to the limits. Part IV argues that the ALI and the NCCUSL should propose a new Article 2B for software licensing. Part V recommends a new Article 2C for “software as a ...


Text Messages Are Property: Why You Don’T Own Your Text Messages, But It’D Be A Lot Cooler If You Did, Spence M. Howden 2019 Washington and Lee University School of Law

Text Messages Are Property: Why You Don’T Own Your Text Messages, But It’D Be A Lot Cooler If You Did, Spence M. Howden

Washington and Lee Law Review

This Note proceeds as follows: Part II offers a brief overview of what text messages are and what they are not. Part III covers the history of intangible personal property law and reviews the evolution of “cybertrespass” claims. Part IV explores the judiciary and the Fourth Amendment’s failure to protect text messages. Finally, Part V evaluates whether text messages constitute property and the practical implications of this finding.


Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik 2019 Sam Houston State University

Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphones with Google's Android operating system are becoming more and more popular each year, and with this increased user base, comes increased opportunities to collect more of these users' private data. There have been several instances of malware being made available via the Google Play Store, which is one of the predominant means for users to download applications. One effective way of collecting users' private data is by using Android Spyware. In this paper, we conduct a forensic analysis of a malicious Android spyware application and present our findings. We also highlight what information the application accesses and what ...


Where To Prosecute Cybercrimes, Jacob T. Wall 2019 Duke Law

Where To Prosecute Cybercrimes, Jacob T. Wall

Duke Law & Technology Review

Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally ...


Information Mischief Under The Trump Administration, Nathan Cortez 2019 SMU Dedman School of Law

Information Mischief Under The Trump Administration, Nathan Cortez

Chicago-Kent Law Review

The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.


Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo 2019 Brooklyn Law School

Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the past decade, YouTube saw an upsurge in the popularity of “Let’s Play” videos. While positive for YouTube, this uptick was not without controversy. Let’s Play videos use unlicensed copyrighted materials, frustrating copyright holders. YouTube attempted to curb such usages by demonetizing and removing thousands of Let’s Play videos. Let’s Play creators struck back, arguing that the fair use doctrine protects their works. An increasing number of powerful companies, like Nintendo, began exploiting the ambiguity of the fair use doctrine against the genre; forcing potentially legal works to request permission and payment for Let’s ...


On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams 2019 Brooklyn Law School

On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams

Brooklyn Journal of Corporate, Financial & Commercial Law

On May 14, 2018, Justice Alito delivered the majority opinion for the United States Supreme Court in Murphy v. National Collegiate Athletic Association (NCAA). The Professional and Amateur Protection Act (PASPA), a twenty-six-year-old federal statute, was deemed unconstitutional; thus, this decision allows state legislatures to legalize sports betting within their borders. With many states independently legalizing sports gambling, the regulatory landscape throughout the country is becoming a patchwork of state statutes. Additionally, top tier sporting organizations heavily depend on data analytics to formulate game plan strategy, train efficiently, rehab player injuries, gauge team and player performance, etc. The popularity of ...


The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir 2019 Seattle University School of Law

The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir

Seattle University Law Review

On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.


Regulating The Gdpr: Perspectives From The United Kingdom, Hannah McCausland 2019 Seattle University School of Law

Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland

Seattle University Law Review

Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools ...


Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben 2019 Seattle University School of Law

Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben

Seattle University Law Review

Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies ...


Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett 2019 Seattle University School of Law

Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett

Seattle University Law Review

In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying ...


General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas 2019 Seattle University School of Law

General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas

Seattle University Law Review

This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?


Privacy Statements Under The Gdpr, Mike Hintze 2019 Seattle University School of Law

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared ...


Gdpr Compliance—It Takes A Village, Susy Mendoza 2019 Seattle University School of Law

Gdpr Compliance—It Takes A Village, Susy Mendoza

Seattle University Law Review

When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does ...


Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia 2019 Seattle University School of Law

Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia

Seattle University Law Review

The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate ...


Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount 2019 Seattle University School of Law

Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount

Seattle University Law Review

Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data ...


Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson 2019 Seattle University School of Law

Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson

Seattle University Law Review

This Comment argues that the unique relationship between manufacturers, consumers, and their reinforcement learning AI systems challenges existing products liability law models. These traditional models inform how to identify and apportion liability between manufacturers and consumers while exposing litigants to low-dollar tort remedies with inherently high-dollar litigation costs.11 Rather than waiting for AI autonomy, the political and legal communities should be proactive and generate a liability model that recognizes how new AI programs have already redefined the relationship between manufacturer, consumer, and product while challenging the legal and financial burden of prospective consumer-plaintiffs and manufacturer-defendants.


The Law Of Attribution: Rules For Attribution The Source Of A Cyber-Attack, Delbert Tran 2019 Yale Law School

The Law Of Attribution: Rules For Attribution The Source Of A Cyber-Attack, Delbert Tran

Yale Journal of Law and Technology

State-sponsored cyber-attacks are on the rise and show no signs of abating. Despite the threats posed by these attacks, the states responsible frequently escape with impunity because of the difficulty in attributing cyber-attacks to their source. As a result, current scholarship has focused almost exclusively on overcoming the technological barriers to attribution.


A Light In Digital Darkness: Public Broadband After Tennessee V. Fcc, Mikhail Guttentag 2019 Yale Law School

A Light In Digital Darkness: Public Broadband After Tennessee V. Fcc, Mikhail Guttentag

Yale Journal of Law and Technology

Ten years ago, the city of Chattanooga, Tennessee built its own high-speed Internet network, and today Chattanooga's publicly owned Internet infrastructure (''public broadband" or "municipal broadband'? is faster and more affordable than almost anywhere else in the world. In this Article, I make the case for why other communities currently underserved by private broadband providers should consider building their own high-speed broadband networks and treating Internet as an essential public service akin to water or electricity, and I explore means by which these communities can overcome the legal and political hurdles they may face along the way.


Lola V Skadden And The Automation Of The Legal Profession, Michael Simon, Alvin F Lindsay, Loly Sosa, Paige Comparato 2019 Seventh Samurai, LLC

Lola V Skadden And The Automation Of The Legal Profession, Michael Simon, Alvin F Lindsay, Loly Sosa, Paige Comparato

Yale Journal of Law and Technology

Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms and artificial intelligence technologies. Traditionally, the legal field has protected itself from technological disruptions by maintaining a professional monopoly over legal work and limiting the "practice of law" to only those who are licensed.


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