Academic Writing

Data Extraterritoriality

Author(s): 
Kristen E. Eichensehr
Publication Date: 
July 27, 2017
Publication Type: 
Academic Writing

Data’s intangibility poses significant difficulties for determining where data is located. The problem is not that data is located nowhere, but that it may be located anywhere, and at least parts of it may be located nearly everywhere. And access to data does not depend on physical proximity.

The Death of ‘No Monitoring Obligations’: A Story of Untameable Monsters

Author(s): 
Giancarlo Frosio
Publication Date: 
October 2, 2017
Publication Type: 
Academic Writing
In imposing a strict liability regime for alleged copyright infringement occurring on YouTube, Justice Salomão of the Brazilian Superior Tribunal de Justiça stated that “if Google created an ‘untameable monster,’ it should be the only one charged with any disastrous consequences generated by the lack of control of the users of its websites.” In order to tame the monster, the Brazilian Superior Court had to impose monitoring obligations on YouTube. This was not an isolated case.

Communicating Cyber Intelligence to Non-Technical Customers

Author(s): 
Brian Nussbaum
Publication Date: 
September 7, 2017
Publication Type: 
Academic Writing

This article examines the challenge facing cyber intelligence analysts who have to explain threat information and analysis to non-technical consumers, like executives or law enforcement.  It explains why these challenges are common, but are often more pronounced in state and local government contexts.  Finally, it proposes a conceptual framework to think about the tradeoffs such analysts face, examines similar challenges in other policy areas, and offers strategies for communicating threat information effectively under various constraints.

The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform

Author(s): 
Giancarlo Frosio
Publication Date: 
June 2, 2017
Publication Type: 
Academic Writing
(with Christophe Geiger and Oleksandr Bulayenko) This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the digital uses of their publications. This proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016, which forms an important part of the ongoing reform of copyright at EU level.

From Horizontal to Vertical: An Intermediary Liability Earthquake in Europe

Author(s): 
Giancarlo Frosio
Publication Date: 
June 2, 2017
Publication Type: 
Academic Writing
As part of its Digital Single Market Strategy, the European Commission would like to introduce vertical regulations, replacing — or better conflicting with — the well-established eCommerce Directive horizontal intermediary liability regime. An upcoming revision of the Audio-visual Media Services Directive would ask platforms to put in place measures to protect minors from harmful content and to protect everyone from incitement to hatred.

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

Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition

Author(s): 
Morgan Weiland
Publication Date: 
February 22, 2017
Publication Type: 
Academic Writing

Abstract

Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformation happening inside the doctrine that has accompanied its outward creep. Taking up this overlooked perspective, this Article uncovers a new speech theory: the libertarian tradition. This new tradition both is generative of the doctrine’s expansion and risks undermining the First Amendment’s theoretical foundations.

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.

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