Academic Writing

Reviving Implied Confidentiality

Author(s): 
Woodrow Hartzog
Publication Date: 
March 5, 2014
Publication Type: 
Academic Writing

Download the article from the Indiana Journal of Law

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions. Read more » about Reviving Implied Confidentiality

The Scored Society: Due Process for Automated Predictions

Author(s): 
Danielle Citron
Publication Date: 
January 7, 2014
Publication Type: 
Academic Writing

Download the paper here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2376209

The Scored Society: Due Process for Automated Predictions

Danielle Keats Citron
University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society

Frank A. Pasquale III
University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project

January 7, 2014 Read more » about The Scored Society: Due Process for Automated Predictions

Consumer Subject Review Boards

Author(s): 
Ryan Calo
Publication Date: 
September 3, 2013
Publication Type: 
Academic Writing

Consumer Subject Review Boards by Ryan Calo

There are only a handful of reasons to study someone very closely. If you spot a tennis rival filming your practice, you can be reasonably sure that she is studying up on your style of play. Miss too many backhands and guess what you will encounter come match time. But not all careful scrutiny is about taking advantage. Doctors study patients to treat them. Good teachers follow students to see if they are learning. Social scientists study behavior in order to understand and improve the quality of human life. Read more » about Consumer Subject Review Boards

Big Data in Small Hands

Author(s): 
Woodrow Hartzog
Publication Date: 
September 3, 2013
Publication Type: 
Academic Writing

Big Data in Small Hands by Woodrow Hartzog & Evan Selinger

“Big data” can be defined as a problem-solving philosophy that leverages massive datasets and algorithmic analysis to extract “hidden information and surprising correlations.” Not only does big data pose a threat to traditional notions of privacy, but it also compromises socially shared information. This point remains underappreciated because our so-called public disclosures are not nearly as public as courts and policymakers have argued—at least, not yet. That is subject to change once big data becomes user friendly. Read more » about Big Data in Small Hands

Tiny Salespeople: Mediated Transactions and the Internet of Things

Author(s): 
Ryan Calo
Publication Date: 
September 1, 2013
Publication Type: 
Academic Writing

Supreme Court Justice Samuel Alito wanted to dramatize how hard GPS surveillance would be for our nation’s founders to envision. It would take a “very tiny constable,” he noted in concurrence with the majority in United States v. Jones, “with incredible fortitude and patience” to stow away on a stage coach and monitor its owner’s movements. Read more » about Tiny Salespeople: Mediated Transactions and the Internet of Things

Digital Market Manipulation

Author(s): 
Ryan Calo
Publication Date: 
August 13, 2013
Publication Type: 
Academic Writing

Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything costs $9.99 because consumers see the price as closer to $9 than $10. Although widely cited by academics, the concept of market manipulation has had only a modest impact on consumer protection law. Read more » about Digital Market Manipulation

Urban Guerrilla & Piracy Surveillance: Accidental Casualties in Fighting Piracy in P2P Networks in Europe

Author(s): 
Giancarlo Frosio
Publication Date: 
January 1, 2011
Publication Type: 
Academic Writing
Copyright law is facing its biggest challenge yet as it copes with technological development and an increasingly global information market. The advent of peer-to-peer networks has multiplied the threat to the peaceful enjoyment of copyrights and made any user a potential infringer. Nonetheless, copyright holders, in targeting those users, have greatly impinged on the users' fundamental rights, in particular the right to privacy.
 

Fair Use for the Rich and Fabulous?

Author(s): 
Tim Greene
Publication Date: 
July 30, 2013
Publication Type: 
Academic Writing

In two recent decisions concerning copyright’s fair use doctrine, the Second Circuit addressed the lawfulness of incorporating one creative work into a new one. In both Cariou v Prince and Salinger v Colting, US District Judge Deborah Batts enjoined similar activity using nearly identical reasoning. But on appeal, the Second Circuit found fair use in the former and likely infringement in the latter. Read more » about Fair Use for the Rich and Fabulous?

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