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The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman 2018 American Civil Liberties Union

The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman

Georgia State University Law Review

As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.

This Article aims to add to that discussion by setting ...


Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert 2018 University of Pennsylvania Law School

Behavioral Finance, Decumulation And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert

Faculty Scholarship at Penn Law

This working paper surveys the decumulation services offered by investment robo-advisors as a case study with which to examine regulatory and market structure issues raised by automated financial advice. We provide a short introduction to decumulation, describing some of the uncertainties involved in identifying optimal decumulation strategies and sketching a few of the ‘rules of thumb’ that financial advisors have developed in this area in the face of this uncertainty. Next we describe behavioral effects that could inhibit consumers from following an optimal decumulation strategy, concluding that, left to their own devices, consumers are likely to make sub-optimal decumulation decisions ...


A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam 2018 Boston College Law School

A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam

Boston College Law Review

On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law ...


Prioritizing Privacy In The Courts And Beyond, Babette Boliek 2018 Pepperdine University School of Law

Prioritizing Privacy In The Courts And Beyond, Babette Boliek

Cornell Law Review

Big data has affected American life and business in a variety of ways—inspiring both technological development and industrial change. The legal protections for a person’s right to his or her own personal information, however, have not matched the growth in the collection and aggregation of data. These legal shortcomings are exacerbated when third party privacy interests are at stake in litigation. Judicial orders to compel sensitive data are expressly permitted even under the few privacy statutes that may limit data transfers. Historically, the Federal Rules of Civil Procedure favor generous disclosure of information. But as litigation becomes more ...


An Antitrust-Informed Approach To Regulating Internet Interconnection, Daniel A. Lyons 2018 Boston College Law School

An Antitrust-Informed Approach To Regulating Internet Interconnection, Daniel A. Lyons

Boston College Law School Faculty Papers

For over a decade, net neutrality has dominated telecommunications policy. Advocates targeted broadband networks because of their strategic position as the gateway to consumers, which potentially positions them to shape the flow of information online. Yet as former the Federal Communications Commission (“FCC” or the “Commission”) Chairman Julius Genachowski noted, these broadband providers are merely the “onramps” to the Internet— the last mile of a system that brings over 35,000 networks together to move information packets from origin to destination.

Interconnection agreements stitch these networks together. These arms’ length transactions define the terms by which networks exchange traffic with ...


Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi 2018 University of Miami Law School

Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi

University of Miami International and Comparative Law Review

No abstract provided.


Common Carriage’S Domain, Christopher S. Yoo 2018 University of Pennsylvania Law School

Common Carriage’S Domain, Christopher S. Yoo

Faculty Scholarship at Penn Law

The judicial decision invalidating the Federal Communications Commission’s first Open Internet Order has led advocates to embrace common carriage as the legal basis for network neutrality. In so doing, network neutrality proponents have overlooked the lessons from the history and the academic literature on common carriage. This Essay distills these learnings into five factors that play a key role in promoting common carriage’s success: (1) commodity products, (2) simple interfaces, (3) stability and uniformity in the transmission technology, (4) deployment of the transmission network, and (5) stable demand and market shares. Applying this framework to the Internet suggests ...


A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn 2018 Southern Methodist University

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn

Science and Technology Law Review

No abstract provided.


Front Matter, 2018 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton 2018 Seattle University School of Law

Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton

Seattle University Law Review

Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the ...


Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman 2018 Brooklyn Law School

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact ...


Biotechnology's Great Divide: Strengthening The Relationship Between Patent Law And Bioethics In The Age Of Crispr-Cas9, Hannah M. Mosby 2018 University of Minnesota Law School

Biotechnology's Great Divide: Strengthening The Relationship Between Patent Law And Bioethics In The Age Of Crispr-Cas9, Hannah M. Mosby

Minnesota Journal of Law, Science & Technology

No abstract provided.


Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson 2018 Southern Methodist University Dedman School of Law

Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung 2018 Brooklyn Law School

The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung

Brooklyn Journal of Corporate, Financial & Commercial Law

As the world braces itself for the unveiling of autonomous vehicles, the idea of regulation and oversight has gone largely undetected. Though some states have already begun enacting legislation ahead of the technology’s wide release, the regulatory landscape across the country is in disarray. It is imperative that both manufacturers and consumers be given some sort of uniform understanding as to how the automation is overseen throughout the manufacturing process and how liability will be levied in the case of inevitable mistakes on our nation’s roadways. This Note proposes that the National Highway Traffic Safety Administration be responsible ...


Rewriting The "Book Of The Machine": Regulatory And Liability Issues For The Internet Of Things, Jane Kirtley, Scott Memmel 2018 University of Minnesota Law School

Rewriting The "Book Of The Machine": Regulatory And Liability Issues For The Internet Of Things, Jane Kirtley, Scott Memmel

Minnesota Journal of Law, Science & Technology

No abstract provided.


Securing The Internet Of Healthcare, Scott J. Shackelford, Michael Mattioli, Steve Myers, Austin Brady 2018 Indiana University Maurer School of Law

Securing The Internet Of Healthcare, Scott J. Shackelford, Michael Mattioli, Steve Myers, Austin Brady

Minnesota Journal of Law, Science & Technology

No abstract provided.


Rise Of The Intelligent Information Brokers: Role Of Computational Law Applications In Administering The Dynamic Cybersecurity Threat Surface In Iot, Eran Kahana 2018 University of Minnesota Law School

Rise Of The Intelligent Information Brokers: Role Of Computational Law Applications In Administering The Dynamic Cybersecurity Threat Surface In Iot, Eran Kahana

Minnesota Journal of Law, Science & Technology

No abstract provided.


Out Of Thin Air: Trade Secrets, Cybersecurity, And The Wrongful Acquisition Tort, Sharon Sandeen 2018 Mitchell Hamline School of Law

Out Of Thin Air: Trade Secrets, Cybersecurity, And The Wrongful Acquisition Tort, Sharon Sandeen

Minnesota Journal of Law, Science & Technology

No abstract provided.


Governing Behind The Cloud: Is Transparency Too "Burdensome" In The Digital Age?, Sam Louwagie 2018 University of Minnesota Law School

Governing Behind The Cloud: Is Transparency Too "Burdensome" In The Digital Age?, Sam Louwagie

Minnesota Journal of Law, Science & Technology

No abstract provided.


No Good Deed Goes Unpunished: The Duties Held By Malware Researchers, Penetration Testers, And "White Hat" Hackers, Jon Watkins 2018 University of Minnesota Law School

No Good Deed Goes Unpunished: The Duties Held By Malware Researchers, Penetration Testers, And "White Hat" Hackers, Jon Watkins

Minnesota Journal of Law, Science & Technology

No abstract provided.


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