Academic Writing

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.

Privacy Substitutes

Author(s): 
Arvind Narayanan
Jonathan Mayer
Publication Date: 
September 3, 2013
Publication Type: 
Academic Writing

Privacy Substitutes by Jonathan Mayer & Arvind Narayanan

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.

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.

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.

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.

Understanding Trademark Strength

Author(s): 
Tim Greene
Publication Date: 
July 7, 2013
Publication Type: 
Academic Writing

Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action.

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