Internet Law
The New Pornography Wars
Julie Dahlstrom
Abstract The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. In response, as in the “pornography wars” of the 1970s and 1980s, lawyers and activists have turned to civil remedies and filed creative anti- trafficking lawsuits against MindGeek […]
Reasonableness as Censorship: Section 230 Reform, Content Moderation, and the First Amendment
Enrique Armijo
Abstract For the first time in the Internet’s history, revising Section 230 of the Communications Decency Act’s immunity for social media platforms from liability for third-party content seems to many not just viable, but necessary. Most such calls for reform are built around the longstanding common law liability principles of duty and reasonableness, namely conditioning […]
Holding Social Media Providers Liable For Acts of Domestic Terrorism
Chloe Berryman
Abstract Would the availability of a federal cause of action for domesticterrorism increase the risk of social media providers being held liable forfacilitating domestic terrorism? Recently, there have been discussionsconcerning the role social media plays in acts of domestic terrorism.Many acts of domestic terrorism have been linked to the perpetrator’sinvolvement with online groups who harbor […]
“Revenge Porn” Reform: A View From the Front Lines
Written by: Mary Anne Franks
Abstract The legal and social landscape of “revenge porn” has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn.” As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; […]
The Song Remains the Same: What Cyberlaw Might Teach the Next Internet Economy
Written by: Kevin Werbach
Abstract The next stage of the digital economy will involve trillions of networked devices across every industry and sphere of human activity: The Internet of the World. Early manifestations of this evolution through on-demand services such as Uber and Airbnb raise a host of serious legal questions. The stage seems set for a decisive battle […]
Clark S. Splichal, Recent Development: Craigslist and the CFAA: The Untold Story
Craigslist Inc. v. 3Taps Inc., 942 F. Supp. 2d 962 (N.D. Cal. 2013) Craisglist Inc. v. 3Taps Inc., 964 F. Supp. 2d 1178 (N.D. Cal. 2013) There is one area in which Craigslist Inc. appears particularly invested these days: its legal bills. Notoriously cutthroat, this online classified marketplace has steadfastly clung to its bare-boned business […]
Annemarie Bridy, Internet Payment Blockades
Abstract Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary to create binding public law requiring payment processors like MasterCard and Visa to act as […]
Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute
Revenge porn is the term used to describe an intimate image or video that is initially shared within the context of a private relationship but is later publicly disclosed, usually on the Internet, without the consent of the individual featured in the explicit graphic. This nonconsensual disclosure is generally fueled by an intent to harm, […]
Michael Polatsek, Extortion Through the Public Record: Has the Internet Made Florida’s Sunshine Law Too Bright?
In recent years, privately owned websites around the country have begun to gather arrest records directly from law enforcement websites and republish them on their own sites. Often, the images are displayed without regard to the ultimate disposition of the arrestee’s case. Images and arrest records of individuals who were eventually convicted or acquitted are […]
Kathleen Carlson, Social Media and the Workplace: How I Learned to Stop Worrying and Love Privacy Settings and the NLRB
Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have […]
A Response to Aubrey Burris’s ‘Hell Hath No Fury Like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute’
Teresa Drake
Abstract Response to Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute In her thoughtful note, Aubrey Burris notes that revenge porn is readily compared to sexual harassment, domestic violence, and cyber-rape. Her note highlights that nonconsensual pornography fuels tactics of domestic abuse and […]
Potential Within the Architecture: Explaining the Debate Over the Construction of Social Media
Jeffrey Riley
Abstract Response to Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute My intentions with this essay, which is a response to Aubrey Burris’s call for more federal oversight of the world of “revenge porn,” is not to challenge or support the explicit legal […]
Thomas J. Horton, Robert H. Lande, & Virginia Callahan APPENDIX
This appendix compares the quality of the investigatory and local journalism contained in “old media” with that contained in “new media” by using the metrics the journalism industry itself uses. We ascertain which type of media has won most of the journalism awards in the years since these awards became open to the new media. […]
Thomas J. Horton & Robert H. Lande, Should the Internet Exempt the Media Sector From the Antitrust Laws?
Suppose the twenty largest traditional news media companies in the United States, including the Wall Street Journal, New York Times, Washington Post, ABC, NBC, CBS, Fox, and CNN, announced the merger of their news operations. They would likely claim that this merger would result in tremendous cost savings by eliminating duplicative news gathering expenses. They would be correct. They […]
Andrea M. Matwyshyn, Hidden Engines of Destruction: The Reasonable Expectation of Code Safety and the Duty to Warn in Digital Products
62 Fla. L. Rev. 109 (2010) | | | | INTRODUCTION :: This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law […]
Jennifer Lynch, The Eleventh Amendment and Federal Discovery: A New Threat to Civil Rights Litigation
62 Fla. L. Rev. 203 (2010) | | | | ABSTRACT :: Lawyers for the State of California have argued recently in several federal civil rights cases that the state sovereign immunity doctrine bars all discovery issued to the state, its agencies, and its employees. While courts agree that sovereign immunity generally […]
Benjamin J. Steinberg, Discounted Medical Bills and Conflicting Applications of Florida Statutes §768.76 as A Rule of Evidence
62 Fla. L. Rev. 1431 (2010) | | | | INTRODUCTION :: Marcie was a loving mother and a hard worker. But all of this was stripped away in an instant. Marcie lost both her daughter and her ability to work after being struck while walking home from school by a negligent driver. The resulting […]
Vincent J. Galluzzo, When “Now Known or Later Developed” Fails its Purpose: How P2P Litigation Has Turned the Distribution Right Upside-Down
61 Fla. L. Rev. 1165 (2009) | | | | INTRODUCTION :: In 1999, a Northeastern University freshman needed only a quiet dorm room to design the catalyst that would spark the peer-to-peer (P2P) downloading phenomenon. That freshman, the then-teenaged Shawn Fanning, spawned the now-infamous computer program Napster-a program that facilitated the free transfer of […]
Brandon Faulkner, Hacking into Data Breach Notification Laws
59 Fla. L. Rev. 1097 (2007) | | | | INTRODUCTION :: On March 23, 2007, a news agency announced that the police department in Gainesville, Florida, arrested six individuals on charges that they had stolen credit card data from a corporation’s database and purchased more than $ 8 million in gift cards and electronics […]