Research

15 April 2013

Putting the "war" in cyberwar: Metaphor, analogy, and cybersecurity discourse in the United States by Sean Lawson First Monday

Abstract: Public policy discourse about cyber security in the United States is dominated by a metaphor of war and analogies to the Cold War. This essay critically evaluates the contradictory tendency within U.S. cyber war discourse to see cyber conflict as simultaneously revolutionary and unprecedented, but also amenable to the tenets of Cold War nuclear deterrence.

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07 April 2013

Role of ICANN in Internet Domain Name Dispute Resolution by S.V. Damodar Reddy [IUP Law Review] Social Science Research Network

Abstract: ICANN is an apex authority responsible for the administration of domain names, IP address numbers and protocol parameters. The domain name is much like an entry in a phone book. Computers communicate by using numbers called IP addresses to contact each other, much like we use a phone number to dial a specific person's phone.

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02 April 2013

Behavioral Advertising: The Cryptic Hunter and Gatherer of the Internet by Joanna Penn Federal Communications Law Journal

In an era where three out of every four Americans have Internet access, the term "surfing" has transformed from riding waves into running the risk of having private information gathered, stored, and disseminated -- all without the user's knowledge or permission. This newfound online practice, known as "behavioral advertising," is a veritable goldmine for those companies that know the game. But will the FTC or Congress soon make new rules concerning how to play?

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31 March 2013

OECD: Protecting and empowering consumers in the purchase of digital content products OECD

The spread of broadband, mobile devices and online and mobile payments usage are driving the expansion in digital content products. These can be downloaded, streamed or accessed through Internet Protocol TV on a range of channels including online retail platforms and social media.

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27 March 2013

Law and the Open Internet by Adam Candeub and Daniel McCartney Federal Communications Law Journal

The FCC has issued a new set of Internet access regulations and policies (namely Preserving the Open Internet Broadband Industry Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which would prohibit broadband service providers like AT&T or Comcast from discriminating against unaffiliated content providers. The FCC's proceedings, and the network neutrality debate, concentrate on two economic questions: (1) whether to broadband service providers can or will steer traffic to affiliated content limiting consumer access, and (2) how to preserve the Internet's capacity for creativity and innovation.

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18 March 2013

Copyright Fraud in the Internet Age: Copyright Management Information for Non-Digital Works Under the Digital Millennium Copyright Act by Russell W. Jacobs Stanford Technology Law Review

Abstract: With the advent of the digital age, authors of creative works enjoy the benefits of quickly and inexpensively distributing their works to global audiences. These developments have unfortunately led to the negative consequence that pirated, unauthorized, or altered copies reach potential users before the creator of the work releases the authentic version according to his or her terms. The Digital Millennium Copyright Act of 1998 sought to address some of these concerns by punishing circumventions of technologies controlling access to copyrighted works and by protecting "copyright management information," i.e. the data identifying the author and the terms of use of a copyrighted work.

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11 March 2013

Trust Drives Internet Use by Martin Ljunge [Univ. of Copenhagen Dept. of Economics Discussion Paper] Social Science Research Network

Abstract: This paper estimates the effect of trust on internet use by studying the general population as well as second generation immigrants in 29 European countries with ancestry in 87 nations. There is a significant positive effect of trust on internet use.

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04 March 2013

Toward Cyber Peace: Managing Cyber Attacks Through Polycentric Governance by Scott Shackelford Social Science Research Network

Abstract: Views range widely about the seriousness of cyber attacks and the likelihood of cyber war. But even framing cyber attacks within the context of a loaded category like war can be an oversimplification that shifts focus away from enhancing cybersecurity against the full range of threats now facing companies, countries, and the international community.

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26 February 2013

Patterns of Legalization in the Internet: Do We Need a Constitutional Theory for Internet Law? by Osvaldo Saldías [HIIG Discussion Paper] Social Science Research Network

Abstract:The paper acknowledges a growing web of legal norms that regulate governance aspects of the Internet. Some of these norms are legally binding; others are closer to what some scholars call soft law. In order to take stock of these developments, I propose an explorative typology that can bring some systematic order into the plurality of Internet norms.

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21 February 2013

Third-Party Tracking Cookies and Data Privacy by Ian D. Mitchell [Northern Kentucky University - Salmon P. Chase College of Law] Social Science Research Network

Abstract: Public discourse these days is replete with concerns about data security and information privacy. One of the major themes of these conversations is the concept of waiver and what rights to privacy are actually waived when engaging with parties over the internet. A significant mode of this theme involves the use of "cookies" which are surreptitiously installed on users' computer hard drives during common internet transactions.

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11 February 2013

A Behavioral Perspective on Technology Evolution and Domain Name Regulation by Todd Davies [Pacific McGeorge Global Business & Development Law Journal] Social Science Research Network

Abstract: This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology.

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04 February 2013

Virtual or Reality: Prosecutorial Practices in Cyber Child Pornography Ring Cases by Michal Gilad University of Richmond Journal of Law and Technology

Introduction: [1] With the rising use of the Internet over the past decade, the boundaries between our physical space and cyberspace are quickly fading. The Internet has become an integral and inseparable part of modern being, and its dominance in our lives is undeniable. Actions taken online are no longer a mere virtual fantasy, but directly relate to our "offline" everyday living. Modern criminal trends also demonstrate the strong link between the virtual and physical worlds.

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28 January 2013

Is the U.S. Government's Internet Policy Broken?: A Review of Captive Audience by Susan Crawford: Review by Robert W. Hahn & Hal J. Singer [Georgetown McDonough School of Business Research Paper] Social Science Research Network

Abstract: Professor Susan Crawford has just published an exciting new book on the future of high-speed Internet access in America. To hear Crawford tell it in 270 pages (excluding the copious footnotes), Americans should be worried because most of them will not have access to the fastest lane on the information superhighway. Indeed, only the rich will likely purchase high-speed Internet access because it will be too expensive for the rest of us.

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24 January 2013

Law and the Open Internet by Adam Candeub and Daniel McCartney Federal Communications Law Journal

The FCC has issued a new set of Internet access regulations and policies, which would prohibit broadband service providers like AT&T or Comcast from discriminating against unaffiliated content providers.

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21 January 2013

Copyright Fraud in the Internet Age: Copyright Management Information for Non-Digital Works Under the Digital Millennium Copyright Act by Russell W. Jacobs Columbia Science and Technology Law Review

Abstract: With the advent of the digital age, authors of creative works enjoy the benefits of quickly and inexpensively distributing their works to global audiences. These developments have unfortunately led to the negative consequence that pirated, unauthorized, or altered copies reach potential users before the creator of the work releases the authentic version according to his or her terms. The Digital Millennium Copyright Act of 1998 sought to address some of these concerns by punishing circumventions of technologies controlling access to copyrighted works and by protecting "copyright management information," i.e. the data identifying the author and the terms of use of a copyrighted work.

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15 January 2013

Comparative analysis of national cybersecurity strategies - Cybersecurity Policy Making at a Turning Point: Analysing a New Generation of National Cybersecurity Strategies OECD

This report analyses the latest generation of "national cybersecurity strategies" in ten countries and identifies commonalities and differences.

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12 January 2013

Smartphone Wars by John Atallah Stanford Technology Law Review

Apple sues Samsung for patent infringement. In response, Samsung files international countersuits on patents of its own. Courts around the world grant preliminary injunctions to each company on a number of their claims, while United States and European Union government agencies investigate allegations of antitrust violations. What's going on here? Let's start with the shiny new weapon that Apple added to its arsenal in June of last year: a patent on the original iPhone, the paperwork for which had been in the works since December of 2007. That patent claims, among other things, the finger-gesture-based set of input methods that has become integral to the functionality of today's smartphones. Enter Samsung, now the world's largest manufacturer of smartphones and owner of numerous patents covering globally standardized technological protocols. Samsung's use of those input methods, as well as overlaps in product design, in its line of Android-based devices has put it squarely in Apple's crosshairs.

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05 January 2013

Privacy Problems in the Online World by Virgilio A.F. Almeida, Federal University of Minas Gerais Internet Computing Magazine

Modern technology's benefits have accelerated our migration to social networking and other online activities. However, the confluence of the online world and life offline is imperfect, immature, and incomplete. People's habits, customs, and relationships are going through profound changes that will have as-yet-unknown effects on them and society as a whole.

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02 January 2013

Regulating the Internet infrastructure: A comparative appraisal of the legitimacy of ICANN, ITU, and the WSIS by Ingo Take Wiley

Abstract: How to generate legitimate forms of governance beyond the nation state is often considered a central question in contemporary world politics. To proceed in theory-building, scholars need to systematically assign the theory-driven assumptions on legitimate forms of governance beyond the nation state with the various, already observable, forms of global governance.

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31 December 2012

China's Proposed Personal Information Protection Act by Graham Greenleaf [Privacy Laws & Business International Newsletter] Social Science Research Network

Abstract: From 2005-7 a group of experts led by Professor Zhou Hanhua, the director of the Institute of Law at the Chinese Academy of Social Sciences, were commissioned by the Peoples Republic of China government to draft a national data protection law to be considered by the Informatics Committee of the State Council. However, by 2008 the draft had still not progressed through any of the various Chinese legislative channels.

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26 December 2012

The Relationship Between the ISP Safe Harbors and Liability for Inducement by R. Anthony Reese Stanford Technology Law Review

The extent to which online service providers can be held liable for copyright infringement committed by users of their services is one of the more complicated and contentious copyright issues of our day. Courts have struggled with how to apply common-law doctrines of secondary liability to online activity.

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14 December 2012

Google Versus the Law: Google's Legal Adventures and Their Impact to the Evolution of European Information Law by Tatiana Synodinou Social Science Research Network

Abstract: This paper provides an overview of the major legal questions which emerge from Google' dynamic presence in the Web. It is divided in four parts. The first part deals with the privacy implications which are born by Google's various activities, primarily by its main function as a search engine, but also by more sophisticated tools, such as the Google Street View service.

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09 December 2012

Internet regulation: The need for more transparent Internet filtering systems and improved measurement of public opinion on Internet filtering by Nikolaos Koumartzis & Andreas Veglis First Monday

Abstract: All around the world, the phenomenon of Internet regulation is on the rise as more and more countries implement such policies, from Asian authoritarian regimes to Western democracies. At the same time, the great majority of Internet users are not aware that they access a filtered version of World Wide Web due to the "non-transparent" policy of many governments, something that results to a very dangerous precedent for the future of the Internet.

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02 December 2012

Patterns of Legalisation in the Internet: Do We Need a Constitutional Theory for Internet Law? by Osvaldo Saldías [Humboldt-Universitat Zu Berlin Internet & Society Working Paper] Social Science Research Network

Abstract: The paper acknowledges a growing web of legal norms that regulate governance aspects of the Internet. Some of these norms are legally binding; others are closer to what some scholars call soft law. In order to take stock of these developments, I propose an explorative typology that can bring some systematic order into the plurality of Internet norms.

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25 November 2012

Emerging Issues in Internet Regulation: The Unstable Role of Wikileaks and Cyber-Vigilantism by Alison Powell [Research Handbook on Internet Governance] Social Science Research Network

Abstract:This paper outlines the emerging issues in internet regulation introduced by distributed organizations and cyber-vigilantism: notably, the contributions of WikiLeaks and Anonymous to the problematics of internet governance through an uneven disruption of the power held by existing institutions including the state, but also the mass media. Drawing on Christopher Kelty's (2004) observation that persuasive arguments can be made both through language and by technology, it examines how existing definitions of governance, which are often focused on rule-making, engage with this broader set of 'arguments-by-technology' and what the consequences of these new arguments might be.

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