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Personal Information and Artificial Intelligence: Website Scraping and the California Consumer Privacy Act

Personal Information and Artificial Intelligence: Website Scraping and the California Consumer Privacy Act Brian Stuenkel[1]* Print Version: Personal Information and Artificial Intelligence- Website Scraping and the California Consumer Privacy Act This note presents a hypothetical in which an upstart technology firm scrapes public-facing webpages and websites, scooping up individuals’ personal identifying information (PII) including names, addresses, …

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Airline Commercial Use of EU Personal Data in the Context of the GDPR, British Airways and Schrems II

Airline Commercial Use of EU Personal Data in the Context of the GDPR, British Airways and Schrems II W. Gregory Voss[1]* Print Version: Airline Commercial Use of EU Personal Data in the Context of the GDPR, British Airways and Schrems II In July 2019, shortly after the end of the first year of application of …

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A Textualist Interpretation of the Visual Artists Rights Act of 1990

A Textualist Interpretation of the Visual Artists Rights Act of 1990 Brian L. Frye[1]* Print Version: A Textualist Interpretation of the Visual Artists Rights Act of 1990 Philosophy may not interfere with the actual use of language, it can only describe it. —Ludwig Wittgenstein[2] For numberless generations, jurisprudes waged total war in the conflict among …

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You Can’t Be Serious: Problems of Facticity and ‘Plausible Nonliteral Assertions’ in U.S. Defamation Law

You Can’t Be Serious: Problems of Facticity and ‘Plausible Nonliteral Assertions’ in U.S. Defamation Law Emily Erickson[1]* Matthew D. Bunker** Print Version: YOU CAN’T BE SERIOUS- PROBLEMS OF FACTICITY AND ‘PLAUSIBLE NONLITERAL ASSERTIONS’ IN U.S. DEFAMATION LAW   Introduction 343 I. Roots of the Protection for Opinion, Rhetorical Hyperbole, and Satire 346 II. PNAs in …

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Hacking Antitrust: Competition Policy and the Computer Fraud and Abuse Act

Hacking Antitrust: Competition Policy and the Computer Fraud and Abuse Act Charles Duan[1]* Print Version: Hacking Antitrust- Competition Policy and the Computer Fraud and Abuse Act The Computer Fraud and Abuse Act, a federal computer trespass statute that prohibits accessing a computer “without authorization or exceeding authorized access,” has often been criticized for clashing with …

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Hacking the SEAMs: Elevating Digital Autonomy and Agency for Humans

Hacking the SEAMs: Elevating Digital Autonomy and Agency for Humans Richard S. Whitt[1]* “Certainty hardens our minds against possibility.” –Ellen Langer The time has come to challenge the predominant paradigm of the World Wide Web. We need to replace controlling “SEAMs” with empowering “HAACS.” Over the past two decades, Web platform ecosystems have been employing …

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Employment in the Age of Artificial Intelligence: A Call for a Statutory Solution

Employment in the Age of Artificial Intelligence: A Call for a Statutory Solution Brandon Ward[1]* Introduction Like the automobile, computer, and the internet defined the twentieth century, artificial intelligence (AI) will come to define the twenty-first century as it branches out to influence all aspects of humanity. One area that undoubtably will be shaped by …

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Masters of Their Own Domains: Property Rights as a Bulwark Against DNS Censorship

Masters of Their Own Domains: Property Rights as a Bulwark Against DNS Censorship Nicholas Nugent[1]* It is increasingly becoming the practice of domain name system (DNS) intermediaries to seize domain names used by lawful websites for violating acceptable use policies related to offensive content or hate speech. Website hosting companies and social media platforms, entities …

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Bridging the Coasean Divide: A Shared Economic Lexicon for Antitrust and Worker Protection Law

Bridging the Coasean Divide: A Shared Economic Lexicon for Antitrust and Worker Protection Law By Conor J. May[1]* Uber, the most prolific of a new breed of transportation network companies, has in recent years been the target of two distinct strands of litigation that expose a question at the heart of the company’s business model. …

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Cybersecurity and the U.N. Charter: A Square Peg in a Round Hole

Cybersecurity and the U.N. Charter: A Square Peg in a Round Hole Slate Herman[1]* Since its inception, the United Nations has struggled with balancing the interests of States acting to preserve their sovereignty. This balance was as much a problem in 1945, at the creation of the United Nations, as it is today. Now, in …

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