Recent Articles
The 'License as Tax' Fallacy
Article, Spring 2022
Unreasonable: A Strict Liability Solution to the FTC's Data Security Problem
Article, Spring 2022
The Ping-Pong Olympics of Antisuit Injunction in FRAND Litigation
Article, Spring 2022
Content Moderation Remedies
Article, Fall 2021
An Empirical Study: Willful Infringement & Enhanced Damages in Patent Law After Halo
Article, Fall 2021
Recent Notes
The Best Data Plan Is to Have a Game Plan: Obstacles and Solutions to Reaching International Data Privacy Agreements
Note, Spring 2022
Mental Health Mobile Apps and the Need to Update Federal Regulations to Protect Users
Note, Spring 2022
Blog Posts
“I See You ICO”: The SEC Regulates Tokens
As a decentralized ledger, blockchain enables users to exchange digital assets — called tokens — without a middleman. The earliest tokens functioned as currency. No entity issued this currency; instead, the algorithm underlying blockchain dispersed tokens to miners, compensating them for processing blocks. As cryptocurrencies have proliferated, tokens have found broader uses. Now entities issue tokens to fund projects.
Should Domain Registrars Ban Hate Speech?
Although hate groups have organized online since the beginning of the internet, there has been an increased awareness of their activities since the deadly “Unite the Right” protest earlier this month in Charlottesville, Virginia. One of the most prominent of these “white nationalist” websites calls itself the Daily Stormer, and was a home for neo-Nazis, white supremacists, and other “alt-right” groups online. Groups like the Southern Poverty Law Center and Anti-Defamation League had been pressuring domain registrar GoDaddy.com to drop the Daily Stormer as a customer.
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.
Can 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.
A 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.
Streaming 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.