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Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison 2021 University of Pittsburgh School of Law

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Articles

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.


Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu 2020 Monash University

Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu

Washington International Law Journal

Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the ...


Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield 2020 National Defense University, College of Information and Cyberspace

Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield

Military Cyber Affairs

Humans rely on machines in accomplishing missions while machines need humans to make them more intelligent and more powerful. Neither side can go without the other, especially in complex environments when autonomous mode is initiated. Things are becoming more complicated when law and ethical principles should be applied in these complex environments. One of the solutions is human-machine teaming, as it takes advantage of both the best humans can offer and the best that machines can provide. This article intends to explore ways of implementing law and ethical principles in artificial intelligence (AI) systems using human-machine teaming. It examines the ...


Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk 2020 University of Cincinnati College of Law

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Table Of Contents, 2020 University of Washington School of Law

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.


News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer 2020 Texas Christian University

News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer

Washington Journal of Law, Technology & Arts

During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax ...


Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas 2020 University of Cincinnati College of Law

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell 2020 University of Cincinnati College of Law

What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley 2020 University of Cincinnati College of Law

Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Federal Rule 44.1: Foreign Law In U.S. Courts Today, Vivian Grosswald Curran 2020 University of Pittsburgh School of Law

Federal Rule 44.1: Foreign Law In U.S. Courts Today, Vivian Grosswald Curran

Articles

This article presents an in-depth analysis of the latent methodological issues that are as much a cause of U.S. federal court avoidance of foreign law as are judicial difficulties in obtaining foreign legal materials and difficulties in understanding foreign legal orders and languages. It explores Rule 44.1’s inadvertent introduction of a civil-law method into a common-law framework, and the results that have ensued, including an incomplete transition of foreign law from being an issue of fact to becoming an issue of law. It addresses the ways in which courts obtain information about foreign law today, suggesting among ...


A Forensic First Look At A Pos Device: Searching For Pci Dss Data Storage Violations, Stephen Larson, James Jones, Jim Swauger 2020 Slippery Rock University of PA

A Forensic First Look At A Pos Device: Searching For Pci Dss Data Storage Violations, Stephen Larson, James Jones, Jim Swauger

Journal of Digital Forensics, Security and Law

According to the Verizon 2018 Data Breach Investigations Report, 321 POS terminals (user devices) were involved in about 14% of the 2,216 data breaches in 2017 (Verizon, 2018). These data breaches involved standalone POS terminals as well as associated controller systems. This paper examines a standalone Point-of-Sale (POS) system which is ubiquitous in smaller retail stores and restaurants. An attempt to extract unencrypted data and identify possible violations of the Payment Card Industry Data Security Standard (PCI DSS) requirement to protect stored cardholder data were be made. Persistent storage (flash memory chips) were removed from the devices and their ...


Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara 2020 The Open University

Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara

Journal of Digital Forensics, Security and Law

Following a series of high profile miscarriages of justice in the UK linked to questionable expert evidence, the post of the Forensic Science Regulator was created in 2008. The main objective of this role is to improve the standard of practitioner competences and forensic procedures. One of the key strategies deployed to achieve this is the push to incorporate a greater level of scientific conduct in the various fields of forensic practice. Currently there is no statutory requirement for practitioners to become accredited to continue working with the Criminal Justice System of England and Wales. However, the Forensic Science Regulator ...


Enough Is As Good As A Feast, Noah C. Chauvin 2020 Seattle University School of Law

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...


Preservation Requests And The Fourth Amendment, Armin Tadayon 2020 Seattle University School of Law

Preservation Requests And The Fourth Amendment, Armin Tadayon

Seattle University Law Review

Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal ...


Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal 2020 American University Washington College of Law

Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal

Joint PIJIP/TLS Research Paper Series

No abstract provided.


The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood 2020 CUNY Queensborough Community College

The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood

Publications and Research

Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents ...


A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr 2020 Penn State Dickinson Law

A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr

Dickinson Law Review

Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.

To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a ...


Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier 2020 Penn State Dickinson Law

Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier

Dickinson Law Review

In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency ...


Fixing Social Media: Toward A Democratic Digital Commons, Michael Kwet 2020 University of Rhode Island

Fixing Social Media: Toward A Democratic Digital Commons, Michael Kwet

Markets, Globalization & Development Review

In the past few years, big Social Media networks like Facebook, Twitter, and YouTube have received intense scrutiny from the intellectual classes. This article critiques the dominant strain of criticism, the neo-Brandeisian School of antitrust, for its narrow focus on “regulated competition” as an appropriate means to “fix social media”. This essay calls for a socialist alternative: a democratic social media commons based on free and open source technology, decentralization, and democratic socialist legal solutions. It reviews how existing solutions like the Fediverse and LibreSocial work, and how they may provide answers for a better way forward.


Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn 2020 American University, Washington College of Law

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.


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