Journal of High Technology Law最新文献

{"title":"The Separation of (Economic) Power: A Cultural Environmental Perspective of Social Production and the Networked Public Sphere","authors":"R. Cunningham","doi":"10.2139/SSRN.2269637","DOIUrl":"https://doi.org/10.2139/SSRN.2269637","url":null,"abstract":"This article applies the second enclosure movement critique to Intellectual Property Rights (IPRs), It employs the emergent discourse of cultural environmentalism so as to diagnose and resolve IPR issues evident within the information environment. Cultural environmentalism borrows analytical frameworks from environmentalism, such as those relating to the commons, public choice theory, welfare economics, and ecology. The article provides a brief overview of the second enclosure movement critique and cultural environmentalism. It adopts the analytical framework of the commons. Specifically, it is the commons-related tragedies such as the tragedy of the commons, the tragedy of the anticommons, and the tragedy of (ignoring) the information semicommons, that provide insight into critical efficiency concerns that lie dormant within the information environment. Ultimately, the article argued that there are certain conditions and situations where social production may trump other modes of production within the information processing and allocation efficiency realms. Drawing upon Benkler’s hardware-code-content paradigm, it was seen that it is the code layer of a given technology that provides the greatest social production opportunities. The realization of these opportunities will depend, at least to some extent, on the cyclical timing of critical hardware infrastructure within a given industry. The fundamental thesis of this paper was that where relevant infrastructure is readily accessible; where the factors of production include undeveloped ideas and unarticulated know-how; and where the allocation of human creativity and/or intellectual input are relied upon as the impetus of innovation, social production may be the most efficient mode of production when contrasted with alternate modes of production such as state-, firm-, or market-based production. An important corollary of this article that is implicit within the paper is that social production provides opportunity to diversify the modes of production available within future technological production processes and, in so doing, affords the possibility of harnessing the critical liberal function of separating (economic) power.","PeriodicalId":367244,"journal":{"name":"Journal of High Technology Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127266427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Beyond Notice and Choice: Privacy, Norms, and Consent","authors":"R. Sloan, Richard Warner","doi":"10.2139/SSRN.2239099","DOIUrl":"https://doi.org/10.2139/SSRN.2239099","url":null,"abstract":"Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission explicitly endorse the Notice and Choice approach (and provide guidelines for its implementation). When the Notice contains information about data collection and use, the argument for Notice and Choice rests on two claims. First: a fully adequate implementation of the paradigm would ensure that website visitors can give free and informed consent to data collection and use practices. Second: the combined effect of all the individual decisions is an acceptable overall tradeoff between privacy and the benefits of collecting and using consumers’ data. There are (we contend) decisive critiques of both claims. So why do policy makers and privacy advocates continue to endorse Notice and Choice?Most likely, they see no need to seek an alternative. We find the critique of Notice and Choice conclusive, but our assessment is far from widely shared — and understandably so. Criticisms of Notice and Choice are scattered over several articles and books. No one has unified them and answered the obvious counterarguments. We do so. Making the critique plain, however, is not enough to ensure that policy makers turn to a viable alternative. The critiques are entirely negative; they do not offer any alternative to Notice and Choice. We offer an alternative: informational norms. When appropriate informational norms govern online data collection and use, they both ensure that visitors give free and informed consent to those practices, and yield an acceptable overall tradeoff between protecting privacy and the benefits of processing information. A fundamental difficulty is the lack of norms. Rapid advances in information processing technology have fueled new business models, and the rapid development has outpaced the slow evolution of norms. Notice and Choice cannot be pressed into service to remedy this lack. It is necessary to develop new norms.","PeriodicalId":367244,"journal":{"name":"Journal of High Technology Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121494641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A System of Logo-Based Disclosure of DRM on Download Products","authors":"N. Aldrich","doi":"10.2139/SSRN.983551","DOIUrl":"https://doi.org/10.2139/SSRN.983551","url":null,"abstract":"Digital Rights Management (DRM) technologies are used in an increasing number of products and industries. In addition to contract law and copyright law, DRM provides a third means - a technological means - of limiting consumers' abilities to use products they buy. Because DRM has a separate enforcement mechanism than contract law, however, notice to consumers of the presence of DRM may yield different requirements than in other areas of law. Even should the law not provide such a notice requirement, however, there are many reasons, including economic, customer relations, and corporate goodwill reasons why companies that use DRM would be best served to provide adequate notice of the presence and implementation of DRM on their products. To date, advanced notice of the presence of DRM has been nearly nonexistent; notice almost always comes in the form of a clause in the End User License Agreement (EULA) provided to customers post-transaction. Providing comprehensive yet effective notice (likely to be acknowledged by the consumer) in advance of the transaction poses many difficulties. Yet actual and comprehensive notice, acknowledged by the end user, is necessary to undermine the economic, legal, and customer relations problems addressed above. This article recommends a uniform logo-based system to disclose the presence and details of DRM to consumers in advance of commercial transactions on downloaded products.","PeriodicalId":367244,"journal":{"name":"Journal of High Technology Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125245254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unleashing the Open Mobile Internet","authors":"Robert Penchuk","doi":"10.4018/978-1-4666-8239-9.CH084","DOIUrl":"https://doi.org/10.4018/978-1-4666-8239-9.CH084","url":null,"abstract":"Today’s society increasingly relies on mobile technology while remaining limited to a handful of Internet service providers (ISPs). Policymakers continue to struggle with how to provide nondiscriminatory Internet access without undermining the financial incentives needed to encourage continued infrastructure development. Applications like streaming media or peer-to-peer (P2P) file sharing consume significantly more Internet resources than a traditional voice over Internet protocol (VoIP) telephone call. In response, Internet providers frequently degrade these bandwidth intensive applications to maximize profit. Many consider this practice discriminatory, believing that each user should be free to run the application of his choice on an equal basis with other users. With few exceptions, Internet users pay the same price to access the Internet regardless of which application they run. Without a mechanism to fairly price each application based on its consumption of Internet resources and value to the consumer, ISPs are incentivized to continue discriminating.","PeriodicalId":367244,"journal":{"name":"Journal of High Technology Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125980607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}