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  • Dancing on the Grave of Copyright?

    Chander, Anupam; Sunder, Madhavi (Duke University School of Law, 2019-08-11)
  • Examining 'digital disruption' as problem and purpose in Australian education policy

    Duggan, S (Australia and New Zealand Comparative and International Education Society (Australia), 2019)
    Young people's relationship to the digital economy is a key site of popular and policy attention within the context of shifts in labour market conditions globally. The massification of digital media and rapid growth of digital markets globally have brought significant challenges for policy makers in what counts as work, and how best to prepare young people to engage with it. This has manifest in a proliferation of initiatives and policy orientations across much of the global north which have tended to focus on the importance of science, technology, engineering, and mathematics occupations, and in particular, computing aimed at preparing young people for 'jobs of the future'. The formalisation of learn to code programs in school curriculum has been one such initiative. Despite the proliferation of coding and computational thinking curriculum across many countries, there remains a relative paucity of scholarship examining their embedding in educational policy debates. This article follows the announcement of 'coding in schools' policy in Australia since its formal announcement by Opposition Leader Bill Shorten in his Budget Reply speech in May 2015. The announcement followed similar moves in other countries and has cemented 'coding in schools' as a literacy of 'the future' in the Australian political landscape. This article suggests that while a policy focus on technical and instrumental skills such as computer coding may help young people to interact with dominant technologies of the present, they also risk weakening a more substantive conversation around educational participation and purpose in the present, and for the future.
  • Identity Theft on Social Networking Sites: Developing Issues of Internet Impersonation

    Reznik, Maksim (Digital Commons @ Touro Law Center, 2013-10-16)
    This Comment focuses on the dangers of social media sites when a person gains access to another's online account through two different methods: (1) stealing the third party's password, or (2) creating a completely fake profile and subsequently impersonating that person.
  • Lost in the Cloud: Information Flows and the Implications of Cloud Computing for Trade Secret Protection

    Sandeen, Sharon (Mitchell Hamline Open Access, 2014-01-01)
    As has been noted elsewhere, the advent of digital technology and the Internet has greatly increased the risk that a company’s trade secrets will be lost through the inadvertent or intentional distribution of such secrets. The advent of cloud computing adds another dimension to this risk by placing actual or potential trade secrets in the hands of a third-party: the cloud computing service. This article explores the legal and practical implications of cloud computing as they relate to trade secret protection. While there are many types of cloud computing services, this article focuses on cloud-based services that offer businesses the ability to upload and store information and data remotely via the Internet (hereinafter “cloud storage services”). The first part of the article discusses the practices of cloud storage services and the current state of trade secret law in order to identify and explain the risks posed to trade secrets stored in the Cloud. It begins with an overview of the cloud computing industry, including an examination of the terms of service agreements used by cloud storage services. After a brief explanation of the requirements for trade secret protection (with particular emphasis on the reasonable efforts requirement), the article then explains the third-party doctrine of trade secret law and how that doctrine threatens to waive trade secrecy for information stored in the Cloud. Because the analysis of the relationship between cloud storage services and their customers leads to the conclusion that, at least in the absence of an express or implied-in-fact agreement to the contrary, no duty of confidentiality is established and trade secrecy is likely to be waived, the article ends by exploring potential refinements and exceptions to the third-party doctrine of trade secret law. After concluding that no existing definition of disclosure provides a workable exception to the third-party doctrine of trade secret law, the article ends with a proposal that the law officially recognize an expanded taxonomy for trade secret law that recognizes a distinction between trade secrecy destroying “disclosures” and non-trade secrecy destroying “mere transfers.”
  • Information Privacy in the Cloud

    Schwartz, Paul M. (Berkeley Law Scholarship Repository, 2013-05-01)
    Cloud computing is the locating of computing resources on the Internet in a fashion that makes them highly dynamic and scalable. This kind of distributed computing environment can quickly expand to handle a greater system load or take on new tasks. Cloud computing thereby permits dramatic flexibility in processing decisions—on a global basis. The rise of the cloud has also significantly challenged established legal paradigms. This Article analyzes current shortcomings of information privacy law in the context of the cloud. It also develops normative proposals to allow the cloud to become a central part of the evolving Internet. These proposals rest on strong and effective protections for information privacy that are also sensitive to technological changes. This Article takes a comparative focus: it examines legal developments in the United States and the European Union. As the White House noted in its 2012 consumer privacy framework, the United States "is a world leader" in cloud computing.' While leading cloud companies are U.S.- based, the European Union sets strong requirements for flows of personal data, and these obligations have already had a major impact on U.S. companies. The European Union's significant role in international decisions around information privacy has been bolstered by the authority of EU member states to block data transfers from their country to third-party nations. Such nations include the United States, which the European Union generally considers to lack "adequate" privacy protections. Moreover, the European Commission's release in late January 2012 of its "General Data Protection Regulation" provides a perfect juncture to assess the issue of privacy in the cloud.

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