Recent Articles
Privacy and Accountability in Black-Box Medicine
By Roger Allan Ford & W. Nicholson Price II
Articles, Fall 2016
Virtual Violence - Disruptive Cyberspace Operations as "Attacks" Under International Humanitarian Law
By Ido Kilovaty
Articles, Fall 2016
Valuing Spectrum Allocations
By Thomas W. Hazlett & Matthew Honig
Articles, Fall 2016
Recent Essay
Blacklining Editorial Privilege
By Justin Hurwitz
Essay, Fall 2016
Recent Note
The Effect of the 1886 Berne Convention on the U.S. Copyright System's Treatment of Moral Rights and Copyright Term, and Where That Leaves Us Today
By Samuel Jacobs
Note, Fall 2016
Blog Posts
The Looming Liability of ISPs
Internet service providers (ISPs) are traditionally protected under the Digital Millennium Copyright Act’s (DMCA) section 230 safe harbor for most copyright infringements committed by a user of their service. There are several stipulations that ISPs have to follow in order to get the safe harbor, one of which is to have a “repeat infringer” policy. This policy encourages ISPs to terminate services to users who use the services to repeatedly infringe another’s copyright. The statute lacks a definition of “repeat infringer,” and it is unclear exactly who decides when services should be terminated.
read moreCan the FTC Protect Us From Fake News?
In September 2016, the Second Circuit handed down its decision in FTC v. LeadClick Media, LLC, holding the operator of an affiliate-marketing network liable for the fake news published by its affiliates. This case could serve as a tool in combatting fake news stories that have plagued social media and caused real-world problems (like Pizzagate) in recent years. While this Second Circuit decision is unlikely to solve the problem of fake news stories on social media, it is a step in that direction.
read moreA New Dimension to the Gun Control Debate
During the recent election, the issue of gun control predictably served as a point of contention between the two candidates. Hillary Clinton advocated for “commonsense” regulations on gun ownership such as closing the gun show loophole. As expected, Donald Trump boasted of his NRA endorsement and asserted that he will protect gun ownership rights under the Second Amendment.
read moreStreaming Video Without an Open Internet
On February 26, 2015, The Federal Communications Commission voted 3-2 to enact a series of “Open Internet” protections. The three central rules prohibited Internet Service Providers (ISPs) from blocking access to legal content, slowing internet speeds to certain websites, and favoring certain types of internet traffic over others. The 3-2 Commissioner vote was split along party lines; 3 Democrats voting to approve and 2 Republicans voting to reject.
read morePatent Agent Privilege
Should attorney-client privilege extend to communications between clients and patent agents? In March earlier this year, a split decision by the Federal Circuit answered this question in the affirmative. This is a unique extension of the attorney-client privilege due to the nature of the patent agent profession.
read moreGetty Images v. the Public Domain: Who Really Wins?
The public domain offers teachers, graphic designers, and anyone trying to design a website on a budget the opportunity to use millions upon millions of images without fear of infringing on the original author’s copyright. The images can be reused in their entirety or be remodeled into something new.
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