Publications

Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study

Author(s): 
Scott Shackelford
Publication Date: 
January 12, 2016
Publication Type: 
Academic Writing

Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to the private sector, as well as how these obligations should be translated into policy. Read more » about Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study

A History of Aesthetics from Homer to Digital Mash-ups: Cumulative Creativity and the Demise of Copyright Exclusivity

Author(s): 
Giancarlo Frosio
Publication Date: 
October 28, 2015
Publication Type: 
Academic Writing

Under a regime of limited economic incentive for creativity and confined commodification of information, humanity produced the greatest portion of human knowledge. To mention some, the Bible, the Qur'an, the Mahābhārata, the Iliad and Odyssey, the Aeneid, the Scandinavian Sagas, the German Lay of the Nibelungs, the Celtic legends of Arthur, the Romances and Chanson De Geste all came to life well before strong economic rights were attached to creativity. Read more » about A History of Aesthetics from Homer to Digital Mash-ups: Cumulative Creativity and the Demise of Copyright Exclusivity

Users' Patronage: The Return of the Gift in the "Crowd Society"

Author(s): 
Giancarlo Frosio
Publication Date: 
September 10, 2015
Publication Type: 
Academic Writing
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift.

Privacy and Markets: A Love Story

Author(s): 
Ryan Calo
Publication Date: 
August 6, 2015
Publication Type: 
Academic Writing

Abstract:      

Law and economics tends to be skeptical of privacy, finding privacy overrated, inefficient, and perhaps even immoral. Law should not protect privacy because privacy inhibits the market by allowing people to hide useful information. 

Privacy law scholars tend to be skeptical of markets. Markets “unravel” privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.

Bait, Mask, and Ruse

Author(s): 
Elizabeth Joh
Publication Date: 
April 10, 2015
Publication Type: 
Academic Writing

Deception and enticement have long been tools of the police, but new technologies have enabled investigative deceit to become more powerful and pervasive. Most of the attention given to today’s advances in police technology tends to focus either on online government surveillance1 or on the use of algorithms for predictive policing or threat assessment.2 No less important but less well known, however, are the enhanced capacities of the police to bait, lure, and dissemble in order to investigate crime. What are these new deceptive capabilities, and what is their importance? Read more » about Bait, Mask, and Ruse

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