Articles

Trial to Perdition: the Ninth Circuit’s “Emission” Omission Disposition

Volume 18, Online Edition (Dec 2016)

A protracted case in the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., has pitted numerous stakeholders, including two national governments, against one another in a battle to define the meaning of “disposal” within the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At issue were one hundred years of aerial emissions of heavy metals

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Jordan Luebkemann, Trial to Perdition: the Ninth Circuit's "Emission" Omission Disposition, 18 N.C.J.L. & Tech. On. 146 (2016), http://ncjolt.org/wp-content/uploads/2017/01/Luebkemann_Final.pdf.

Requiring Mutual Assent in the 21st Century: How to Modify Wrap Contracts to Reflect Consumer’s Reality

Volume 18, Online Edition (Dec 2016)

“Mutual manifestation of assent . . . is the touchstone of contract.” The manifestation of mutual assent has evolved throughout history to accommodate mass commercialization and technological change. However, new problems have emerged with the rise of Internet contracting. Consumers, facing increasing numbers of inconspicuous and obtuse contract offers, are oblivious to many of the

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Matt Meinel, Requiring Mutual Assent in the 21st Century: How to Modify Wrap Contracts to Reflect Consumer's Reality, 18 N.C.J.L. & Tech. On. 180 (2016), http://ncjolt.org/wp-content/uploads/2017/04/Meinel_Final2.pdf.

Open House: Connected Homes and the Curtilage

Volume 18, Issue 1 (Oct 2016)

Keynote, UNC JOLT 2016 Symposium We have heard all morning about legal issues with the Internet of Things; I want to begin with acknowledging the human aspects and human interests in Internet-enabled homes, which are more visceral and personal than IoT devices monitoring other interactions. I have worked in privacy for almost 20 years, and I passionately believe we need

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Mary Ellen Callahan. Open House: Connected Homes and the Curtilage, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Callahan_Final2.pdf.

Conceptualizing Private Governance in a Networked Society

Volume 18, Issue 1 (Oct 2016)

Internet law and policy discussions worldwide are converging on the idea that the private sector has a shared responsibility to help safeguard free expression online. This article advances those discussions and makes a significant contribution to the related literature by synthesizing Internet governance concepts with those of content management and with normative theories regarding the social value of freedom of expression—all

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Jonathan Peters & Brett Johnson, Conceptualizing Private Governance in a Networked Society, 18 N.C.J.L. & Tech. 15 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Peters-and-Johnson_Final2.pdf.

Copyright Law and Digital Piracy: An Econometric Global Cross-national Study

Volume 18, Issue 1 (Oct 2016)

Digital piracy is a worldwide concern. Both very high and very low rates of intellectual property infringement threaten innovation, thus implying that some level of effective copyright regulation is required to incentivize the creation of original works. However, although Article 27 of the Universal Declaration of Human Rights advocates for social access to culture as well as the protection of copyright,

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Antoni Terra, Copyright Law and Digital Piracy: An Econometric Global Cross-national Study, 18 N.C.J.L. & Tech. 69 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Terra_Final.pdf.

Undetected Conflict-of-laws Problems in Cross-Border Online Copyright Infringement Cases

Volume 18, Issue 1 (Oct 2016)

This article provides and analyzes data based on a study conducted by the author (the “Study”) on copyright infringement cases filed in U.S. federal district courts in 2013. It focuses on infringement cases involving activity on the Internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled Private International

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Marketa Trimble, Undetected Conflict-of-laws Problems in Cross-Border Online Copyright Infringement Cases, 18 N.C.J.L. & Tech. 119 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Trimble_Final.pdf.

Through a Glass Darkly: From Privacy Notices to Effective Transparency

Volume 17, Issue 4 (May 2016)

Openness is the first fundamental principle of fair information practices with “notice” serving to practically implement openness in most commercial transactions. However, current notices have been widely criticized as being too complex, legalistic, lengthy, and opaque. This Article argues that to achieve the openness required by the first fair information practice principle, data protection and privacy should move from a “notice”

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Paula J. Bruening & Mary J. Culnan, Through a Glass Darkly: From Privacy Notices to Effective Transparency, 17 N.C.J.L. & Tech. 515 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/BrueningCulnan_Final.pdf.

The Internet of Heirlooms and Disposable Things

Volume 17, Issue 4 (May 2016)

The Internet of Things (“IoT”) is here, and we seem to be going all in. We are trying to put a microchip in nearly every object that is not nailed down and even a few that are. Soon, your cars, toasters, toys, and even your underwear will be wired up to make your lives better. The general thought seems

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Woodrow Hartzog & Evan Selinger, The Internet of Heirlooms and Disposable Things, 17 N.C.J.L. & Tech. 581 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/Hartzog_Final.pdf.

You Can’t Always Get What You Want: How Will Law Enforcement Get What it Needs in a Post-CALEA, Cybersecurity-Centric Encryption Era?

Volume 17, Issue 4 (May 2016)

In recent years, many technology companies have enabled encryption by default in their products, thereby burdening law enforcement efforts to intercept communications content or access data stored on smartphones by traditional means. Even before such encryption technologies were widely used, however, the Federal Bureau of Investigation (“FBI”) claimed its surveillance capabilities were “Going Dark” due

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Stephanie K. Pell,You Can't Always Get What You Want: How Will Law Enforcement Get What it Needs in a Post-CALEA, Cybersecurity-Centric Encryption Era?, 17 N.C.J.L. & Tech. 599 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/Pell_Final.pdf.

The Electronic Communications Privacy Act: Does the Act Let the Government Snoop Through Your Emails and Will It Continue?

Volume 17, Online Edition (May 2016)

The Securities and Exchange Commission (“SEC”) is an enforcement powerhouse that has historically relied on the 1986 Electronic Communications Privacy Act (“ECPA”) to collect electronic communications directly from Internet Service Providers (“ISPs”) with a subpoena. The ECPA shields recent or unopened electronic communications from government eyes, but treats all others as abandoned and thus subject to warrantless government search and seizure. In

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Brittany Brattain, The Electronic Communications Privacy Act: Does the Act Let the Government Snoop Through Your Emails and Will It Continue?, 17 N.C.J.L. & Tech. On. 185 (2016), available at http://ncjolt.org/wp-content/uploads/2016/05/Brattain_Final.pdf.

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