Net Neutrality: Individual Privacy at Risk

Source: www.thebostoncalendar.com

By Jason Shultz

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Internet Service Providers (ISPs) have gained power to limit people’s access to the internet. In March 2017, Congress reversed regulations imposed on ISPs under the Obama Administration. These regulations protected internet consumers from having their access to the internet restricted by ISPs. This note examines the history of net neutrality and why removing regulations on ISPs is dangerous for internet consumers. People are now at risk of having their data sold and being limited in which websites are available through their ISP.… Read the rest

Equating Cybertravel with Physical Travel: the Key to Preserving a Borderless Internet Without Violating U.S. Copyright Law

Source: Hulu

By Michal Nowicki

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This Note explores the legality of cybertravel— the use of technological measures to trick a website into believing that the user is accessing it from a different location — under § 1201 of the Digital Millennium Copyright Act (DMCA) to access territorially-restricted, copyright-protected digital content not available in the user’s physical location. Internet users cybertravel to bypass territorial restrictions for several reasons, including to access television shows and movies before they lawfully become available in their home country, and to access otherwise unavailable live streams of live events with less commercial interruptions. Although this Note concedes that the plain language of the DMCA seems to outlaw copyright-infringing cybertravel, it encourages courts to exclude such cybertravel from DMCA coverage by equating it with physical travel. If adopted, this approach would shield cybertravelers from civil liability because they would be legally deemed within … Read the rest

Staying the Night: Integrating Home-Sharing Platforms into the Hospitality Industry

Source: Broad City, “B&B-NYC” (2016)

By Bryan Boccelli

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Home-sharing platforms such as Airbnb have taken the hospitality industry by storm over the last decade, and show no signs of slowing down in terms of use and popularity. This note argues for a better integration of the home-sharing economy into the hospitality industry. An integration such as the one proposed would streamline regulations and taxes applied to short-term living situations such as those applied to the hotel industry. Conversely, there are some aspects of home-sharing that would be beneficial if applied to the hotel industry that would be mutually beneficial. By working to better integrate these two portions of the hospitality industry, the result could be a great benefit to not only the consumer, but to hotel owners, home-sharing patrons, and state economies.… Read the rest

Internet Speech as Commerce: Tackling the Violent Left

Source: Getty Images via www.bbc.com

By Julian Jankowski

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A faction of the left has so increased in boldness in the past few years as to cause violence and an effective reign of terror to any who would dare question the faction’s central tenants.  This faction under the name Antifa gained in strength through the support of college students, academics, university administration, and technological giants that traffic in the dissemination of information.  This constitutes a clear and present threat to the health of the body politic of the United States.  This threat in universities must be met by removing university courses and policies that lend its strength to this violent faction on the left, and by implementing anti-propaganda policies in universities to ensure this threat is not repeated.  Further, technological companies must be given monetary and tax subsidies to create an incentive for affected technological companies to … Read the rest

Keeping an AI on Technological Advances in Business Law

Source: The Economist

By Elizabeth Rice

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This Note explores the role that artificial intelligence plays in the legal world today and the ways in which it may affect the legal profession in the future.  Artificial intelligence programs are being used in a variety of ways to streamline legal research, contracts analysis, and many other tedious and time-consuming legal processes.  As this technology develops, many lawyers are concerned that these efficient programs will begin to replace lawyers, especially at the lower level of big law firms, while others welcome the benefits that this technology will bring to law firms.  This Note touches on competing views concerning the implications of the use of artificial intelligence in the legal field, and how the implementation of these programs will ultimately benefit the profession as a whole.… Read the rest

Driving Solo: Solutions to the Current Patchwork of Legislation Concerning Automated Vehicles

Source: AP

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By Bryan Boccelli

This Note argues that states across the nation should expand upon and in some cases begin to introduce legislation in regards to self-driving vehicles. Although there are currently a handful of states that already have some form of regulation in effect regarding self-driving vehicles, the current patchwork of legislation is not very conducive for companies and entrepreneurs that wish to enter this market. This Note looks at a gradient system of automation as the basis for legislation that could potentially lead to greater investment from car manufactures in this area of technology. If adopted, a gradient system would mean that the automated vehicle would be subject to specific regulations based on a car’s level of automation. The more autonomous the car is, the more highly regulated it will become.… Read the rest

Is a 3-D Printed Object a Product?

Source: Gambody

By Joe Yeoman

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This Note argues that a 3-D printed object and its design file should be considered products, and thus potential defendants be held strictly liable for any defects. Based on the growing popularity of home-based 3-D printing, the potential harms that will arise from defective objects requires that action be taken now to define these objects and their design files as products. Currently, the American Law Institute (ALI) and their persuasive Restatements do not completely cover home-based 3-D printing. This Note examines what the ALI can do when releasing a new version of their Restatement of Torts. Additionally, this Note proposes a solution that will balance the need to help injured parties, while protecting innocent hobbyists.… Read the rest

Digital Millennium Copyright Act: Notice and Takedown on Fair Use

Source: Wikimedia Commons

By Niya Ge

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This Note argues that the current standard for monitoring the DMCA takedown process holds copyright holders to little accountability, allowing abuse of the process and disregarding whether the material was fair use or not. This Note navigates common abuses of the takedown process, from broad automatic algorithms, to issuing DMCA takedown notices to intentionally censor the targeted material. Although the current subjective standard for monitoring the legitimacy of suspect infringing materials requires copyright holders to consider fair use, it outlines no actual process or standard to do so, and creates no incentive for proper monitoring or accuracy. This Note argues that an objective standard would be more appropriate in curbing abuse instead of a subjective standard that incentivizes negligent monitoring.… Read the rest

The Sharing Economy: Airbnb’s Discrimination Problem

Source: Airbnb

By Jason Shultz

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Racial discrimination is a systemic issue deeply rooted in American society. One company within the sharing economy cannot possibly change the behavior of the individual hosts that are essentially landlords. This Note examines how Airbnb hopes to achieve an inclusive community for its users, how the new policies will affect hosts and guests, as well as Airbnb as a corporation, and how the traditional Fair Housing Act applies to Airbnb’s hosts. Finally, this analysis will illustrate how Airbnb’s new focus on inclusion will impact the sharing economy as a whole. Airbnb needs to work with the government to change the current exceptions that allow certain landlords to discriminate against classes of people. These changes include both eliminating the exceptions and reclassifying how landlords are treated under government regulations. By working with lawmakers and other sharing economy companies, Airbnb can make a … Read the rest

When to Disclose Data Breaches under Federal Securities Laws

Source: CNBC

By Steven Wittenberg

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Hacking and cybercrime are on the rise.[1] From 2013 to 2015, twenty major data breaches were reported at Fortune 100 companies.[2] Publicly traded companies who have securities disclosure obligations should be aware of their duties under the federal securities laws when it comes to data breaches and hacks.[3]

In 2011, the SEC Division of Corporation Finance issued guidelines for cyber incidents.[4] The SEC stated, “[A] number of disclosure requirements may impose an obligation on registrants to disclose such [cyber] risks and incidents,” although there are no explicit requirements referring to data breaches.

While major data breaches may be material to reasonable investors of public companies, there is no duty to promptly disclose the occurrence of cyber incidents unless there have been selective disclosures, previous misstatements or circumstances making the omission of the hack misleading.[5] The federal … Read the rest