Internet Law Works-in-Progress

Papers

Saturday, March 24, 2018
New York Law School

The Innovation Center for Law and Technology at New York Law School and the High Tech Law Institute at Santa Clara University School of Law hold an annual work-in-progress symposium for internet law scholarship. This conference series provides an opportunity for authors and scholars to improve their papers and projects, regardless of how well-developed or polished their theses or drafts may be. To achieve that goal, all comments to authors are made in the spirit of collaboration. We are a helpful, supportive, and noncompetitive community, and we believe in and respect all of our colleagues. These norms are at the core of why many of us love this conference.

There were three categories of participation:

1. Papers-in-Progress: This track is for paper drafts sufficiently advanced to share with event attendees. We allocate extra speaking time to these presentations. Papers are due Friday, February 23, 2018, by 5pm.

2. Projects-in-Progress: This track is for research projects without a paper draft, covering anything from nearly finished papers to new ideas.

3. Discussant: Space permitting, we welcome attendees to join the conversation as an active audience participant.

Administrative Matters

Abstracts are due no later than November 22, 2017. Shortly thereafter, a tentative schedule for the day will be planned, including both presentation and active participant/commentator tracks. Abstract submission has closed.

Papers, if applicable, are due no later than February 23, 2018.


Questions? Comments? Anxieties? Other emotional reactions? Please do not hesitate to email me at ari.waldman@nyls.edu. Internet-related humor is welcome.

Abstract submission has closed.

Abstracts are due no later than November 22, 2017. Shortly thereafter, a tentative schedule for the day will be planned, including both presentation and active participant/commentator tracks.

Papers, if applicable, are due no later than February 23, 2018.

The Internet Law Works-in-Progress conference will take place at New York Law School, 185 West Broadway, in the Events Center (W202) on the 2nd Floor.

9:00–9:30 a.m. Breakfast and Registration (Events Center)
9:30–9:40 a.m. Welcome (Events Center)
Session 1
9:45–11:05 a.m.
Copyright, W120

“The Beyoncé Defense” by Andrew Gilden, Willamette University College of Law

“Can Screenshot Technology Be Considered Circumvention Software?” by Nomalanga Mashinini, Rhodes University

“Collaborative Education and Exceptions and Limitations to Copyright Protection” by Marcela Palacio Puerta, Sergio Arboleda University (Colombia)

“Deciphering the Legal Meaning of ‘Sharing’ and ‘Public’ on Facebook Within the Framework of the Taiwan Copyright Act” by Ya-chi Chiang, National Taipei University of Technology (Taiwan)

Markets and Technology, W220

“The Internet of Platforms and Two-Sided Markets: Implications for Competition and Consumers” by Rob Frieden, Penn State University

“Corporate Governance Guideposts for Distributed Ledger Technology” by Carla Reyes, Stetson University College of Law

“Pedagogic Mission Applied Ethically and Innovatively: Interviews, Translating Print, and Information Literacy Fighting Plagiarism” by Itai Sneh, John Jay College

Privacy and Privacy Notes, W320

“The Consent Myth: Consumer Choice, Market Interests, and Preference Management” by Charlotte Tschider, Mitchell Hamline School of Law

“A Field Experiment on Biased Beliefs and Information Overload in Privacy” by Ignacio Cofone, New York University Information Law Institute, and Adriana Robertson, University of Toronto (Canada)

“We Are Asserting Our Rights: User Responses to Boilerplate Changes” by Gautam Hans, University of Michigan Law School

“Online Manipulation” by Daniel Susser, San Jose State University, Beate Roessler, University of Amsterdam (Netherlands), and Helen Nissenbaum, Cornell Tech

AI, W420

“Machine Learning Versus Fault Based Liability” by Andrew Selbst, Data and Society Research Institute

“Robots, Rules and Reason: Can Robots Be Legal Reasonable Persons?” by Valentin Jeutner, University of Oxford/Lund University (United Kingdom)

“Net Vitality 2018: Identifying the Top-Tier Global Broadband Internet Ecosystem Leaders” by Stuart Brotman, University of Tennessee, Knoxville

“Chilling Effects and Automated Legal Processes: Mitigating the Impact of DMCA Notice ‘Bots'” by Jon Penney, Citizen Lab (University of Toronto)/Dalhousie/Princeton CITP

11:05–11:20 a.m. Break (Events Center)
Session 2
11:20–12:10 p.m.
Copyright, W120

“A Penny for Their Creations: An Empirical Study of Social Media User’s Awareness to Rights in Uploaded Creations” by Amit Elazari, Talia Schwartz-Maor, and Uri Hacohen, University of California, Berkeley School of Law

Jurisdiction, W220

“A Practical Guide to Applying the Law of the Sea into the Internet” by Patricia A. Vargas-Leon, School of Information Studies, Syracuse University/Visiting Fellow, Yale ISP,  and Dr. Farzaneh Badiei, Internet Governance Project, Georgia Tech

“Comity and the Information Society” by Asaf Lubin, Yale Law School

Privacy, W320

“Password Protected: The Fifth Amendment, Compelled Decryption of Smartphones, and the Inviolability of the Human Mind” by Jorge Roig and Matthew Miller, Charleston School of Law

“The Death of the Second Opinion” by Nizan Packin, City University of New York

Privacy and AI, W420

“Data Philanthropy” by Yafit Lev-Aretz, NYU ILI

“Cyborg Lives: The Law & Policy of Human Augmentation” by Robert Heverly, Albany Law School

 

12:10 p.m.–1:15 p.m. Lunch (Events Center)
1:15–1:30 p.m. Group Picture
Session 3
1:30–2:30 p.m.
Copyright, W120

“Copyright’s Memory Hole” by Eric Goldman, Santa Clara University School of Law, and Jessica Silbey, Northeastern University School of Law

“Internet Memes, Fanworks, and the Amplification of Copyright’s Authorship Challenges” by Stacey Lantagne, University of Mississippi School of Law

“The Great Disappearing Doctrine” by Rob Walker, Samuelson Law, Technology & Public Policy Clinic, University of California Berkeley School of Law

New Platforms, W220

“Social Network Sites as Arenas for Crafting Human Rights: Toward an Application of Public Law Norms” by Noa Mor, University of Haifa (Israel), Center for Cyber, Law and Policy

“Towards a Prosumer Law” by Chris Marsden, University of Sussex (United Kingdom)

“Global Speech Governance” by Hannah Bloch-Wehba, Yale Law School

Speech/Online Content, W320

“The Internet As Marketplace of Ideas and the Spread of Fake News: A Critical View on the European Way” by Marco Bassini, Bocconi University, Milan (Italy)

“Technological Reliefs” by Maayan Perel and Niva Elkin-Koren, Netanya Academic Center (Israel)

“Regulating Freedom of Speech on Social Media: Comparing the EU and the U.S. Approach” by Marie-Andree Weiss, Transatlantic Technology Law Forum, Stanford University, and Fidal Law Firm (France)

Privacy/AI, W420

“Third Party Intervention: Combatting Consent Decree Rulemaking in Data Security and Privacy at the FTC” by Ian Owens, TechFreedom

“The Right to Data Protection: European Exceptionalism or a Fundamental Right?” by Dr. Vasiliki Christou, European Law and Governance School (Greece)

“Discipline and Policing” by Kate Levine, St. John’s University School of Law

2:30–2:45 p.m. Break (Events Center)
Session 4
2:45–3:35 p.m.
International Perspectives, W120

“A Gap Anywhere is a Gap Everywhere: Finding Comity in Worldwide Delisting Orders” by Matthew Marinett, University of Toronto (Canada)

“What Hangs in the Balance With Copyright Limitations in Free Trade Agreements?” by Geoffrey A. Manne and Kristian Stout, The International Center for Law & Economics

Theory, W220

“Property Law as a Programming Language” by James Grimmelmann, Cornell Tech and Cornell Law School

“The Singularity is Here” (Chapter 2, Delta: The Law of Technological Change) by Joshua Fairfield, Washington and Lee Law School

Online Speech/Content, W320

“The New Irony of Free Speech” by Moran Yemini, University of Haifa (Israel)

“Platform Advocacy and the Threat to Deliberative Democracy” by Abbey Stemler, Indiana University

AI, W420

“The Medium and the Message: Information Technology At Work” by David Mangan, University of London (United Kingdom)

“Why Different Types of Algorithms Require Different Legal Rules” by Tjasa Zapusek, Faculty of Law, University of Copenhagen (Denmark)

3:35–3:50 p.m. Break (Events Center)
Session 5
3:50–5:10 p.m.
International Perspectives, W120

“Disconnected: A Human Rights-Based Approach to Network Shutdowns” by Jan Rydzak, University of Arizona

“Commonwealth Caribbean Law in the Digital Age” by Yoshabelle Emanuel, E-law Services

“A Standard for a Universal (Technology) Law Lecture – In a German Initiative Reaching Out to Europe, China and the United States in Cyberspace and (Technology) Law” by Viola Schmid, Technical University Darmstadt, Germany

“Can EU Cross-Border Data Transfer Restrictions Be Eliminated at the State Level?” by Lydia de la Torre, Santa Clara University

Governance, W220

“Brazilian Cybercrime Laws” by Cleorbete Santos and Marcelo Crespo, Federal University of Tocantins (Brazil)

“Equality of Traffic and Data Flow on the Internet: A Panacea for Good Governance in Nigeria” by Habib Sani Usman, American University of Nigeria (Nigeria)

“Establishing Jurisdiction Online: The Problem of the Extraterritorial Application of State Jurisdiction in Internet-Related Cases” by Sara Solmone, University of East London (United Kingdom)

“Regulating Digital Intermediaries” by Rory Van Loo, Boston University School of Law

Privacy/AI, W320

“The Agency Costs of Agent-Side Information Problems” by BJ Ard, University of Arizona

“Stranger Things: How New AI Agents Are Changing Perceptions and Reality of Surveillance in Sensitive Environments” by Emily McReynolds, University of Washington

“Recording as Heckling” by Scott Gordon Skinner-Thompson, University of Colorado Law School

“Outsourcing Privacy” by Ari Ezra Waldman, New York Law School

Online Speech/Content, W420

“Speech in the Grey Zone: Is There a Value in Offensive Speech?” by Emily Laidlaw, University of Calgary (Canada)

“Broadband Deployment: Legal Aspects of the FCC’s Authority to Address State and Local Barriers to Deployment” by Berin Szoka, TechFreedom

“Telemarketing, Technology, and the Regulation of Private Speech” by Gus Hurwitz, University of Nebraska College of Law

“The New Publishers: Online Distribution and Curator Liability” by Brent Skorup and Jennifer Skees, Mercatus Center at George Mason University

5:10–7:00 p.m. Dinner and Games (Events Center)

Click HERE for all abstracts.

Meeting Venue

The conference will be held in various rooms in New York Law School at 185 West Broadway in Tribeca. When you arrive, check in at the desk in the Lobby and proceed directly to breakfast in the Events Center on the 2nd Floor.

Location

New York Law School is located at 185 West Broadway in Manhattan. It is near several subways: the 1 at Franklin St. (1 block away); the 1, 2, 3  at Chambers St. (5 blocks away); and the A, C, E  at Canal St. (4 blocks away). You can even take the 4, 5, 6 to Brooklyn Bridge/City Hall and walk west for about 5 minutes.

Transportation

Public Transportation:

From anywhere in New York City: Best to take the subway. See above.

From Long Island: The Long Island Railroad (of Palsgraf fame) runs into New York Penn Station (of depressing architecture fame). From Penn Station, take either the A, C, or E downtown to Canal St. or the 1, 2, or 3 downtown to Franklin St. or Chambers St.

From New Jersey: Depending on where you live, you can take NJ Transit Rail or Bus, the Path Train, or even the Suburban Transit bus line. NJ Transit runs into Penn Station at 34th Street. Buses run into the Port Authority at 42nd Street. Both are on the 1, 2, 3 and the A, C,  E. The Path Train can take you to Christopher Street, which has a 1 stop at 7th Avenue.

From Upstate New York: Take Metro-North Train into Grand Central. Then take the 4, 5, 6 downtown to Brooklyn Bridge/City Hall, which is the terminus of the 6.

By Car:

If driving from New Jersey, take the NJ Turnpike (I-95), a toll road, to Exit 14/14A/14B/14C. You could make a last minute decision to go to Newark Airport and fly off to Maui, but we would miss you. So, follow signs for I-78 East/Bayonne/Jersey City/Holland Tunnel and then merge onto I-78 E. This will take you on the NJ Turnpike Extension and, if you stay on this road, right into the Holland Tunnel. The Tunnel spills out into a circle with several exits. Follow signs for “Downtown.” Use any lane to turn right onto Varick Street. NYLS is located at the corner of Varick St., West Broadway, and Leonard. There is a parking lot across the street. You can pay for several hours or for the entire day. I can’t even begin to describe the nightmare that is street parking in Tribeca.

By Air:

New York City is served by 3 major airports: Newark Liberty, JFK, and LaGuardia. They each have their advantages (except LaGuardia: there is nothing good about LaGuardia)

Newark Liberty Int’l Airport (EWR). EWR is in New Jersey, but is a quick taxi or for-hire vehicle ride to Manhattan. The car may be expensive ($50-70 plus tip). But EWR is also connected to Manhattan via the super convenient New Jersey Transit Rail. One-way to Manhattan from EWR costs $13 and it takes about 25 minutes.

To get to Manhattan via NJ Transit Rail, follow these instructions: At the airport, follow signs for “AirTrain.” Buy your NJ Transit ticket to “New York Penn Station” before taking the escalator up to the platform. The AirTrain, a clean, pleasant driverless tram, runs every 4 minutes. Take the AirTrain to the EWR NJ Transit station and wait for the next train, usually on Track 1, to New York Penn Station. Then follow the subway directions above.

John F. Kennedy Int’l Airport (JFK).  JFK is in southern Queens. It boasts a beautiful, new-ish JetBlue terminal and a few restaurants that actually won awards. (Who gives out awards for airport cuisine?) The easiest way to get from JFK to Manhattan is via taxi or for-hire vehicle. It’s on the expensive side; for taxis, there is a flat fare of $52 plus tolls and tip. It takes about 30 minutes, but longer with traffic.

If you have about 1 hour to spare, you can take public transportation from JFK to Manhattan. It costs a total of $7.75 ($5 for the AirTrain and $2.75 for a subway ride). After deplaning, follow signs for the AirTrain. This AirTrain does not just circle the airport. It takes you into Queens to the nearest (not really that “near”) subway or LIRR stop. You can go either to Jamaica Station and take the  to Canal Street or E to Howard Beach Station and take the A to Canal Street.

LaGuardia Int’l Airport (LGA). LGA is in northern Queens. Honestly, Vice President Biden was right about LGA. Still, it’s getting a multi-billion dollar overhaul. A state-of-the-art airport should be ready for 12th Annual Internet Law Works-in-Progress Conference. So, we have that to look forward to.

The easiest way to get from LGA to Manhattan is via taxi or for-hire vehicle. It may cost approximately $35-45 plus tolls and tip. Public transportation is a little frustrating from LGA. You can take the M60 bus from LGA, which can drop you off right near the 116th Street 1 train station near Columbia. After walking around Columbia’s historic urban campus, you can follow the subway directions above. That trip takes about 1 hour from M60 to NYLS.

Hotel

The official conference hotel is the Sheraton Tribeca New York Hotel.

The Sheraton is a 6 minute walk to NYLS. We’ve negotiated a discounted room rate of $179/night for single rooms (King Bed). These rates include complimentary in-room WiFi and complimentary Grab-N-Go breakfast (including choice of brewed coffee, tea or juice, pastry, yogurt and fresh fruit).

Check-in time will be 3:00 PM. Checkout time will be 12:00 PM.

To reserve your room at the discounted rate, use this link or call 800.325.3535 and state that you would like to make a reservation for the New York Law School group block. Rooms are available on a first-come, first-served basis, and rates are subject to change. All reservations must be booked by February 23, 2018, in order to receive the group rate.