Research

03 July 2013

Finding Jurisdiction to Regulate Google and the Internet by Conall O'Reilly European Journal of Law and Technology

Abstract: In the recent case of Football Dataco v Sportradar, the High Court determined that questions of online jurisdiction hinge on the location of the web-server at hand.This paper aims first to highlight the flaws of this approach and, using Google's privacy policy as an example, to draw attention to the online dangers that it facilitates.

Read full article

23 June 2013

Global Internet Law in a Nutshell by Michael L. Rustad & Michael L. Rustad [Suffolk University Law School Research Paper] Social Science Research Network

Abstract: Global Internet law distills the main contours of settled Internet law, as well as areas that are still evolving. The goal is to provide the reader a succinct exposition of basic concepts and methods in diverse Internet law topics, as well as multiple perspectives on what shape the law should take. This second edition of the Nutshell expands the scope to include global developments, as well as U.S. Internet law because, since the previous edition, Internet law is less U.S. centric.

Read full article

23 May 2013

Virtual Crimes, Real Damages Part II: What Businesses Can Do Today to Protect Themselves from Cybercrime, and What Public-Private Partnerships are Attempting to Achieve for the Nation of Tomorrow by Fernando M. Pinguelo, Wayne Lee & Bradford W. Muller Virginia Journal of Law and Technology

In their first piece, Virtual Crimes, Real Damages: A Primer on Cybercrime In the United States and Efforts to Combat Cybercriminals, Pinguelo and Muller offered a straight-forward discussion of the major forms of cybercrimes affecting the government and business community today, along with a review of federal efforts to combat cybercrime and a compilation of federal and state cyber-related statutes and pending legislation.

Read full article

15 May 2013

Social Media Privacy - A Dozen Myths and Facts by Lothar Determann Stanford Technology Law Review

Social networks and media are one of the latest frontiers for lawyers, lawmakers, politicians, entrepreneurs and academics. No one seems to claim that social media is the final frontier or even a particularly revolutionary frontier. After all, media and social networks have been around for thousands of years in one form or another. But, most are genuinely fascinated with the new opportunities, risks, and questions presented by the recent rapid rise of novel technology platforms that allow people all over the world to connect and communicate in new ways.

Read full article

05 May 2013

Privacy in Cyberworld: Why Lock the Gate After the Horse Has Bolted? by Lisa Hannah Collingwood European Journal of Law and Technology

Abstract: In this paper, the author sets out to critique the way in which the principles of off-line privacy protection apply in an on-line environment. The UK approach will be focused upon, the objective being to consider what (non-celebrity) on-line claimants might expect in bringing a privacy violation claim through the domestic courts. The essential characteristics of communicating on-line will be examined so as to explore the nature of an action in misuse of private information and the potential hurdles that require to be overcome before a claim in privacy violation can be remedied at common law.

Read full article

30 April 2013

The Three Strikes And You Are Out Challenge by Felipe Romero Moreno European Journal of Law and Technology

Abstract: The UK Digital Economy Act 2010 (DEA), which comprises graduated response measures intended to prevent virtual intellectual property (IP) contravention has generated heated debate. While some research has started to investigate the provisions for dealing with online copyright infringement, little attention has been paid to the fact that technology is fast exceeding the confines of this legislation. Drawing on, inter alia, the provisions of the DEA, a number of online copyright infringement cases and some European Court on Human Rights (ECtHR) jurisprudence, this paper evaluates the suitability of the graduated response approach to copyright enforcement where internet subscribers alleged to be unlawfully file-sharing will be disconnected from the internet following increasingly strong warnings.

Read full article

18 April 2013

Three songs and you are disconnected from cyberspace??? Not in Germany where the industry may 'turn piracy into profit' by Sandra Schmitz & Thorsten Ries European Journal of Law and Technology

Abstract: Musical and cinematographic works are shared on a large scale via the Internet, often disrespecting copyrights. State initiatives seek to curtail online copyright infringements in different ways; the latest being graduated response schemes, where the alleged infringer is initially warned twice before he is sanctioned. In this context questions arise inter alia as regards the identification of the actual infringer, information rights of the rightsholder, reliability of tracking methods or judicial review of the allegations.

Read full article

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.

Read full article

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.

Read full article

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?

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

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.

Read full article

Registrar Solutions