Computer & 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 […]
Algorithmic Inclusion
Eldar Haber
Abstract Response to Peter Yu, The Algorithmic Divide and Equality in the Age of Artificial Intelligence Artificial Intelligence (AI) is expected to dramatically change humanity. From the automation of daily tasks and labor, to curing diseases and handling disasters, many forecast that human beings will soon begin enjoying the benefits of AI technology within many […]
Acquiring Ethical AI
David S. Rubenstein
Abstract Artificial intelligence (AI) is transforming how the federal government operates. Under the right conditions, AI systems can solve complex problems, reduce administrative burdens, improve human decisions, and optimize resources. Under the wrong conditions, AI systems can lead to widespread discrimination, invasions of privacy, and the erosion of democratic norms. A burgeoning literature has emerged […]
Byte Marks: Making Sense of New F.R.C.P. 37(e)
Written by: Charles Yablon
Abstract New FRCP 37(e) limits severe, case ending sanctions for lost electronically stored information (ESI) to situations where a party acted with “intent to deprive” other parties of the use of that information. But it makes no change in existing preservation duties and never explains how “intent” is to be determined for the corporation and […]
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, […]
Jacqueline D. Lipton, Law of the Intermediated Information Exchange
When Wikipedia, Google, and other online service providers staged a ―blackout protest‖ against the Stop Online Piracy Act (SOPA) in January 2012, their actions inadvertently emphasized a fundamental truth that is often missed about the nature of cyberlaw. In attempts to address what is unique about the field, commentators have failed to appreciate that the […]
Richard Esenberg, A Modest Proposal for Human Limitations on Cyberdiscovery
Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery rules that seek the perfection of preserving and producing all potentially pertinent information have become […]
Caycee Hampton, Confirmation of a Catch-22: Glik V. Cunniffe and the Paradox of Citizen Recording
63 Fla. L. Rev. 1549 (2011)| | | | On October 1, 2007, Simon Glik observed several police officers arresting a young man on the Boston Common. Concerned that the officers were employing excessive force, Glik began to record the arrest with his cell phone. After successfully arresting the young man, an officer asked Glik […]
Robert A. Garda, Jr., The White Interest in School Integration
63 Fla. L. Rev. 599 (2011)| | | | ABSTRACT :: Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court […]
Lee Goldman, Student Speech and the First Amendment: A Comprehensive Approach
63 Fla. L. Rev. 395 (2011)| | | | INTRODUCTION :: Can a school discipline a student for creating a vulgar parody profile of the school principal or another student on the website MySpace? Can it preclude a student from wearing at school a T-shirt that reads, “Homosexuality is shameful”? These are some of the difficult […]
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 […]
Juliet M. Moringiello, What Virtual Worlds Can Do for Property Law
62 Fla. L. Rev. 159 (2010) | | | | INTRODUCTION :: Disputes over virtual world items, such as virtual money, Second Life islands, and even “sex beds,” can inform property law generally. Rights in these virtual world items, such as rights in software and many other intangible assets, are transferred by […]
Skyler McDonald, Defamation in the Internet Age: Why Roommates.com Isn't Enough to Change the Rules for Anonymous Gossip Websites
62 Fla. L. Rev. 259 (2010) | | | | INTRODUCTION :: Everyone “Googles” his or her own name once in a while. Imagine that a young woman looks herself up on the Internet one day, and finds that a person she does not know is posting offensive, false comments about her. […]
Steven Hetcher, The Kids Are Alright: Applying a Fault Liability Standard to Amateur Digital Remix
62 Fla. L. Rev. 1275 (2010) | | | | INTRODUCTION :: The term “remix” is used mainly in a digital context, although there is nothing inherently digital about remix. For instance, fan fiction, a widely discussed form of remix, has developed into an important cultural phenomenon in the past forty years, clearly exhibiting a […]
Peter K. Yu, The Graduated Response
62 Fla. L. Rev. 1373 (2010) | | | | INTRODUCTION :: In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, Internet service providers (ISPs), and other third parties. While these tactics have had only mixed results and have been heavily criticized by policymakers, civil liberties groups, consumer advocates, […]
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 […]
Adam C. Losey, Clicking Away Confidentiality: Workplace Waiver of Attorney-Client Privilege
60 Fla. L. Rev. 1179 (2008) | | | | INTRODUCTION :: Barbara Hall, an administrative assistant, often arrives at work an hour and a half early solely to check her personal e-mails on her employer’s computer. Afterwards, “[i]n the grand tradition of Chekhov, or perhaps ‘Days of Our Lives,’ Barbara Hall carries on a […]
Giannina Marin, Possession of Child Pornography: Should You be Convicted When the Computer Cache Does the Saving for You?
60 Fla. L. Rev. 1205 (2008) | | | | INTRODUCTION :: “For years, defense lawyers have argued the ‘young and stupid’ semi-defense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases-or at least they can […]
Timothy Zick, Clouds, Cameras, and Computers: The First Amendment and Networked Public Places
59 Fla. L. Rev. 1 (2007) | | | | INTRODUCTION :: It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and “cyber-places” like the Web, constitute separate locations of communication. In reality, however, the intersection and collision of these two spaces is imminent. In some respects it […]
Mary-Rose Papandrea, Student Speech Rights in the Digital Age
60 Fla. L. Rev. 1027 (2008) | | | | ABSTRACT :: For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question […]
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 […]
Samantha K. Graff, State Taxation of Online Tobacco Sales: Circumventing the Archaic Bright Line Penned by Quill
58 Fla. L. Rev. 375 (2006) | | | | INTRODUCTION :: Over the past decade, the Internet has become an increasingly popular shopping destination for cigarette buyers. A 1997 survey identified thirteen online cigarette vendors, and today that number has multiplied to over 700. The online market for cigarettes thrives on the anonymity and […]
Ted Hagelin, The Experimental Use Exemption to Patent Infringement: Information on Ice, Competition on Hold
58 Fla. L. Rev. 483 (2006) | | | | INTRODUCTION :: The U.S. patent system is built upon a delicate balance between the rights of patent owners, the rights of the public at large, and the rights of market competitors. The patentee is granted broad rights to exclude others from making, using, or selling […]
Alan E. Garfield, Protecting Children from Speech
57 Fla. L. Rev. 565 (2005) | | | | INTRODUCTION :: The notion that children need to be sheltered from inappropriate speech long predates Janet Jackson’s “wardrobe malfunction” or Bono’s expletive-enhanced acceptance of a Golden Globe. Plato expressed concern about youths’ impressionable minds 2300 years ago, stressing that the tales the “young first hear […]
Janelle A. Weber, Don't Drink, Don't Smoke, Don't Download: Parents' Liability for their Children's File Sharing
57 Fla. L. Rev. 1163 (2005) | | | | INTRODUCTION :: When Darlene Emanski subscribed to America Online (AOL), she thought she was providing her teenage daughter with a fun and convenient means of researching school projects, communicating with friends, and listening to music now and then. The Central Florida small business owner never […]
Janelle A. Weber, The Spending Clause: Funding a Filth-Free Internet or Filtering out the First Amendment?
56 Fla. L. Rev. 471 (2004) | | | | TEXT :: The Children’s Internet Protection Act (CIPA) sets conditions on public libraries’ receipt of federal financial assistance for Internet access. Under CIPA, libraries must install filters on all of their Internet-connected computers to help block obscene and pornographic images and prevent minors from accessing […]