Journal Archives

Forget the Facts, Colonizing the Internet: America’s Public Square Reaches the World Through Trade Treaties, Kurt A. Webber | This article explores the internet’s primary navigational tools in the context of promoting public debate across borders and the role intermediaries play in that debate. It surveys domestic and international law applicable to common search engines and social media in the U.S., the European Union, and elsewhere, focusing on immunity for tort-related liability caused by third parties. . . .

Our Children Are Dying: Halting the Section 230 Communication Decency Act Defense for Social Media Operators Soliciting Illegal Drugs to Minors, Sally Terry Green | Doing “good” sometimes leads to “bad results”. Advancing technology for the evolution of the world wide web was the hallmark of good intentions, arguably necessary to foster a growing society. As civilization evolves, we discover easier, more effective, and attractive ways to communicate and connect. About 30 years ago, we developed a means to mass communicate and deliver information and services to each other without boundaries.These technological advancements have impacted numerous aspects of our lives including the unfortunate shift of illegal drug transactions. . .

“Thanks Karen!” How a Federal Circuit Split Demonstrates the Need for a Federal Right of Publicity Statute, Varun Lakshminarayanan | This Note posits that a federal statute is needed to serve as a floor for the right of publicity. The statute would need to maintain the policy goals that Section 230 was enumerated for in the first place, while also protecting the rights of American citizens. The goal of the statute would be to serve as a guide for courts moving forward in right of publicity matters. . . .

Can Websites Be Left Home Alone, or Do They Need a Babysitter?: An Analysis of New York State’s New Social Media Regulation, Michelle M. Nestor | Social media has become an integral aspect of most people’s everyday lives. It is no surprise that many have weaponized social media, using it as a tool to spread their own hateful and intolerant views. The evolution of social media has allowed those views to permeate society and cause destruction. Regulating these sites is a highly debated topic in modern politics and the current system in place leaves much to be desired. This paper analyzes a recent law enacted in New York State, which calls upon social media companies to offer more stringent and transparent policies in regard to hate speech on their platforms. The paper concludes, after a review of other states’ laws and its own constitutional analysis, that the law in its current state is unconstitutional. . . .

The Metaverse: A Virtual World with Real World Legal Consequences, Beckett Cantley & Geoffrey Dietrich | While there is a wide range of legal issues that will come from the metaverse, this discussion will focus primarily on the most prevalent current legal concepts related to the metaverse: intellectual property, criminal law, tort law, property law, and antitrust issues. . . .

Who Moderates the Moderators?: A Law & Economics Approach to Holding Online Platforms Accountable Without Destroying the Internet, Geoffrey A. Manne, Ben Sperry, & Kristian Stout | A quarter-century since its enactment as part of the Communications Decency Act of 1996, a growing number of lawmakers have been seeking reforms to Section 230. In the 116th Congress alone, 26 bills were introduced to modify the law’s scope or to repeal it altogether. Indeed, we have learned much in the last 25 years about where Section 230 has worked well and where it has not . . .

It’s not the Algorithms, it’s the People: Preventing Bias in Automated Hiring Tools Starts with Humans, Leah Harvis-Nazzario | Many companies are exploring ways that they can integrate predictive hiring solutions into the application process, interviewing process, and hiring process. While these systems can have benefits like efficiency, performance, and retention, these systems perpetuate systemic bias. Whether this bias is unconscious or not, we are complacent if we allow these hiring solutions to be developed without holding companies accountable. Bias which creeps into hiring algorithms outweighs the efficiency and productivity of these solutions . . .

Pathways to the Light: Realistic Tactics to Address Dark Patterns, Jordyn Michaels | This note looks to examine the deployment of Dark Patters in user interfaces, particularly those with the purpose of collecting consumer data. Dark Patterns that are used for data collection are a serious consumer protection issue that is largely unspoken for by the public, regulators, and legal experts. Although new legislation that specifically caters to this issue would be recommended, there is already existing authority within the Federal Trade Commission that can address data collection Dark Patterns. By raising awareness on what these tactics accomplish, one can begin to discuss how to limit Dark Patterns and/or how to coexist with them.   . . .

All Eyes on U.S.: Regulating the Use & Development of Facial Recognition Technology, Matthew R. Lowe | Facial recognition technology is developing faster than laws are being passed to properly regulate it. Because of its chilling effect on Americans’ First Amendment rights, risk to international data transfers . . .

Open Source Software Development and Patent Litigation: From Theoretical Risks to Reality, Catharina Maracke | In the context of the ongoing software patent debate, commentators have stressed the risk for Open Source software development of being targeted with patent . . .

Punting The Private Search Doctrine: How The Good Faith Exception Impedes Fourth Amendment Jurisprudence, Kevin DelRocini | This Note seeks to demonstrate how the good faith exception to the Fourth Amendment’s exclusionary rule slows progress in Fourth . . .

Password Unprotected: Compelled Disclosure of Cellphone Password and the Foregone Conclusion Exception, Andrew Edmonson | In May and June of 2015, the Essex County Prosecutor’s Office investigated a suspected narcotics-trafficking network in Newark, New Jersey . . .

The Meaning of Creation: Electronic Databases and Creating a Record to Fulfill a Public Records Request, John Kreienkamp | The Information Age has dramatically altered the landscape of public records law. Because ever increasing technological developments. . .

Data Portability: A Guide and a Roadmap, Sasha Hondagneu-Messner | Data portability is one of the most unprecedented and innovative aspects of Europe’s GDPR and California’s CCPA. Widespread . . .

Decentralizing Creativity: A Tenable Case for Blockchain Adoption in the Entertainment Industry, David Idokogi | Significant advancements in technology have changed entertainment and the way in which people consume it. Music distribution went from tangible products . . .

When AdBlock Gets Blocked: Why Hindering the Capabilities of Third-Party AdBlockers Should Face Legal Scrutiny, Zaid M. Qasem | The Internet has become more accessible, and rich with information than ever before. Over the years, this growth . . .