Academic Writing

Automated Driving and Product Liability

Author(s): 
Bryant Walker Smith
Publication Date: 
February 25, 2017
Publication Type: 
Academic Writing

Abstract

This Article focuses on one cyberphysical domain — automated driving — to methodically analyze the so-called liability problem. It considers how automated driving could affect product liability, how product liability could affect automated driving, and how each could advance or impede the prevention of injury and the compensation of victims.

Download the paper from SSRN

Resisting the Resistance: Resisting Copyright and Promoting Alternatives

Author(s): 
Giancarlo Frosio
Publication Date: 
February 13, 2017
Publication Type: 
Academic Writing

This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately — as I have discussed elsewhere — resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy.

The Right Tools: Europe's Intermediary Liability Laws and the 2016 General Data Protection Regulation

Author(s): 
Daphne Keller
Publication Date: 
February 8, 2017
Publication Type: 
Academic Writing

The so-called “Right to Be Forgotten” established by the Court of Justice of the European Union in 2014 is about to change. The EU's General Data Protection Regulation, which goes into effect in 2018, introduces new notice-and-takedown rules for online information targeted by “Right to Be Forgotten” erasure requests. The new rules are ripe for abuse. They give private Internet platforms powerful incentives to remove user-generated content – whether or not that content, or the intermediaries’ processing of the content, violates any law.

Right to Be Forgotten: Much Ado About Nothing

Author(s): 
Giancarlo Frosio
Publication Date: 
February 9, 2017
Publication Type: 
Academic Writing

In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.

Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy

Author(s): 
Giancarlo Frosio
Publication Date: 
February 7, 2017
Publication Type: 
Academic Writing

Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions — often tainted by protectionist concerns — define the present intermediary liability conundrum. Apparently, safe harbours still hold, although secondary liability is on the rise.

It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

Author(s): 
Stephanie Pell
Publication Date: 
February 6, 2017
Publication Type: 
Academic Writing

For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications "content"and those afforded to the "noncontent"—also known as "metadata"—associated with it. The legal framework for surveillance law was developed largely in the context of the mid-twentieth century telephone system, which itself treated content and metadata as cleanly distinct technical concepts.

Public-Private Cybersecurity

Author(s): 
Kristen E. Eichensehr
Publication Date: 
October 6, 2016
Publication Type: 
Academic Writing

Abstract:      

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