Archives

  • Any Safe Harbor in a Storm: SESTA-FOSTA and the Future of § 230 of the Communications Decency Act
    By: Charles Matula Section 230 of the Communications Decency Act not only allows the internet to flourish by shielding web platforms from liability for user-created content but also lets these companies off the hook for facilitating crime. SESTA-FOSTA, designed by legislators to target internet sex traffickers, attempts to chip away at this liability shield in order ...
  • A Copy of a Copy of a Copy: Internet Mimesis and the Copyrightability of Memes
    By: Elena Elmerinda Scialabba Memes have become a staple of Internet culture. They provide a crucial form of cultural interchange by allowing billions to communicate and commiserate about all facets of life through the sharing of amusing and relatable phenomena. However, many memes are created from copyrighted images, making it unclear whether their use constitutes copyright ...
  • Autonomous Systems as Legal Agents: Directly by the Recognition of Personhood or Indirectly by the Alchemy of Algorithmic Entities
    By: Dalton Powell At its core, agency law governs fiduciary relationships between two distinct parties (the principal and agent) in interactions with third parties. The three separate relationships within agency (principal-agent, agent-third party, and principal-third party) create binding legal rights and obligations. To be a principal or agent, one must be a person. The Restatement (Third) ...
  • Opting Out: Biometric Information Privacy and Standing
    By: Michelle Jackson Biometric technology promises to reshape the modern economy. With the increased prevalence of biometric technology comes a heightened risk of data breaches and identity theft. To protect consumers, state legislatures have enacted biometric privacy laws. As more state legislatures define the intangible harm of data misuse, some federal courts have restricted what constitutes ...
  • Measuring Baseball’s Heartbeat: The Hidden Harms of Wearable Technology to Professional Ballplayers
    By: John A. Balletta After two-and-a-half decades of labor peace in Major League Baseball, storm clouds of a player strike are brewing as the operating Competitive Bargaining Agreement comes under fire. That same CBA includes Attachment 56, the most expansive allowance of wearable technology of the four major American professional sports. While the privacy of the ...