Internet Law Works-in-Progress

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 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.

8:30–9:15 a.m. Breakfast/Registration
9:15–9:30 a.m. Welcome
Session 1
9:30–10:50 a.m.

Sex, Death, and Intellectual Property, 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

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


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

Blockchain-Based Token Sales, Initial Coin Offerings, and the Democratization of Public Capital Markets by Aaron Wright, Benjamin N. Cardozo School of Law


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

Privacy’s Notification Problem: An Experiment on Biased Beliefs and Information by Overload
by Ignacio Cofone, NYU Information Law Institute

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; and Helen Nissenbaum, Cornell Tech


Machine Learning Versus Fault Based Liability by Andrew Selbst, Data & Society Research Institute

Robots, Rules and Reason: Can Robots Be Legal Reasonable Persons? by Valentin Jeutner, University of Oxford/Lund University

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

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

10:50–11:05 a.m. Break
Session 2
11:05–11:55 a.m.

The Dark Matter of Copyright by Brian Frye, University of Kentucky College of Law

A Penny for Their Creations: An Empirical Study of Social Media User’s Awareness to Rights in Uploaded Creations by Elazari Amit and Talia Schwartz-Maor, UC Berkeley Law


A Practical Guide to Applying the Law of the Sea into the Internet: Where the Internet Root Zone and the High Seas Find Each Other by Patricia A. Vargas-Leon, School of Information Studies, Syracuse University/Visiting Fellow, ISP Yale Law School; and Dr. Farzaneh Badiei, Internet Governance Project, Georgia Tech School of Public Policy

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


Password Protected by Jorge Roig, Charleston School of Law

The Death of the Second Opinion by Nizan Packin, CUNY


Artificial Intelligence and Civil Society by Katie Watson, Public Knowledge

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

11:55 a.m.–1:00 p.m. Lunch
1:00–1:10 p.m. Group Picture
Session 3
1:10–2:30 p.m.

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 Automation Aesthetic by Brian Holland, Texas A&M University School of Law

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


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 (CCLP)

Towards a Prosumer Law by Chris Marsden, University of Sussex

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

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


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)

Internet Intermediaries’ Liability in Europe and Free Speech by Nicola Lugaresi, Trento University Law School

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

Technological Reliefs by Maayan Perel & Niva Elkin-Koren, Netanya Academic Center


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, KLC Law Firm

Regulatory Framework of Voter Registration Databases by Lydia de la Torre, Santa Clara University

Regulating Economic Privacy Harms by Tejas Narechania, University of California Berkeley School of Law

2:30–2:45 p.m. Break
Session 4
2:45–3:35 p.m.

A Gap Anywhere is a Gap Everywhere: Finding Comity in Worldwide Delisting Orders by Matthew Marinett, University of Toronto Faculty of Law

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


Property Law as a Programming Language by James Grimmelmann, Cornell Tech & Cornell Law School

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


The New Irony of Free Speech by Moran Yemini, University of Haifa

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


The Medium and the Message: Information Technology At Work by David Mangan, University of London

Why Different Types of Algorithms Require Different Legal Rules by Tjasa Zapusek, Faculty of Law, University of Copenhagen

3:35–3:50 p.m. Break
Session 5
3:50–5:30 p.m.

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

Commonwealth Caribbean Law in the Digital Age by Emanuel Yoshabelle

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

Brazilian Cybercrime Laws by Cleorbete Santos, Federal University of Tocantins, Brazil


Online Courts by Orna Rabinovich-Einy, University of Haifa

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

Establishing Jurisdiction Online: The Problem of the Extraterritorial Application of State Jurisdiction in Internet-Related Cases by Sara Solmone, University of East London

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


The Common Law of Privacy by Design by Ari E. Waldman, New York Law School

The Other Side of Agency Costs 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


Liberation, Not Extortion: The Fate of Internet Ad-blocking in German and American Law by Russell Miller, Washington & Lee University Law School

Speech in the Grey Zone: Is There a Value in Offensive Speech? by Emily Laidlaw, University of Calgary

Chilling Effects, Then and Now by Jon Penney

The Freedom from Speech: Technology, Communication Moats, and Speech Firewalls by Gus Hurwitz, University of Nebraska College of Law

5:30–6:30 p.m. Games
6:30–8:00 p.m. Dinner (and Games continued)

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.


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.


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.


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.