Of Interest

  • 3 Big Legal Department Takeaways From Google's Antitrust Penalty

    Date published: 
    June 28, 2017

    "University of California, Hastings College of the Law professor Ben Depoorter said the European Commission’s massive penalty is a unique case for a narrow set of charges.

    “I wouldn’t say it means a lot for the majority of technology companies,” Depoorter said. “This is a story about dominant positions and the abuse of dominance.”"
  • ‘NotPetya’ ransomware attack shows corporate social responsibility should include cybersecurity

    Author(s): 
    Scott Shackelford
    Publication Date: 
    June 27, 2017
    Publication Type: 
    Other Writing
    As the “NotPetya” ransomware attack spreads around the world, it’s making clear how important it is for everyone – and particularly corporations – to take cybersecurity seriously. The companies affected by this malware include power utilities, banks and technology firms. Their customers are now left without power and other crucial services, in part because the companies did not take action and make the investments necessary to better protect themselves from these cyberattacks.
     
  • “Tool Without a Handle: Reflections on 20 years from Reno v. ACLU”

    On 26 June 1997, in Reno v ACLU, the US Supreme Court decided the fate of the Communications Decency Act (“CDA”), insofar as it criminalized the intentional transmission of "obscene or indecent" messages or information.  In doing so, the Court made not only a finding that this provision of the CDA violated the 1st Amendment, but applied an approach to Internet cases with clear implications for cases the Court faces today.

    Reno established that it is essential the Court recognize differences between the measured pace of judge-made law and the blistering pace of technology’s evolution, a point that is still cited by the Court today. And, it identified that the capabilities and availability of the tools at issue have an important role to play in the constitutional analysis. As the Court continues to address Internet and technology-related constitutional cases, the importance of considering the capabilities of Internet tools may well be the most impactful legacy of Reno.

     

     

  • In terror fight, tech companies caught between US and European ideals

    Date published: 
    June 23, 2017

    "“It’s so easy to point to the need for internet companies to do more that that becomes a real rallying cry,” says Daphne Keller, the director of Intermediary Liability at Stanford Law School’s Center for Internet and Society, and a former associate general counsel to Google. “In European lawmaking, they don’t have very good tech advice on what’s really possible.

  • Political Parties as Critical Infrastructure?

    Author(s): 
    Kristen E. Eichensehr
    Publication Date: 
    June 22, 2017
    Publication Type: 
    Other Writing

    Former Secretary of Homeland Security Jeh Johnson testified Wednesday before the House Intelligence Committee as part of the House investigation into Russian interference in the 2016 election.

  • How Uber's toxic culture forced Kalanick out

    Date published: 
    June 21, 2017

    "All of these signals about Uber's culture matter. "Uber wants to court investors, employees, drivers, and riders," said Bryant Walker Smith, professor at the University of South Carolina and one of the leading experts on the legal aspects of self-driving cars. "Particularly for the first two, image and vision matter—and can be heavily influenced in fact and perception by a public-facing leader.""

  • Security experts warn lawmakers of election hacking risks

    Date published: 
    June 21, 2017

    "More than a hundred security researchers and computer science experts have warned in a letter to lawmakers that not enough is being done to ensure the integrity of state and federal elections.

    The letter, published Wednesday, argues many US states are "inadequately prepared" to respond to cybersecurity risks with upcoming elections."
     
    Affiliate Scholar Brian Nussbaum and Non-Residential Fellow Aleecia McDonald were signers. 
     

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