Internet Law Works-in-Progress

Papers

Saturday, March 14, 2020
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.

Administrative Matters

The Internet Law Works in Progress conference is true to its name. It is for works in progress. There are no papers at this conference. We discourage submissions of projects that are far along in editing, and we will not accept submissions of projects already published.

We are delighted the conference has become more popular over the years. Unfortunately, to keep the size of the event manageable and to allow for constructive and deep engagement, only those submitting abstracts will be invited to attend. Submission of an abstract does not automatically guarantee acceptance.

If you would like to be considered for a presentation slot, abstracts of 500-600 words are due no later than January 17, 2020. You can submit abstracts here. Shortly thereafter, a tentative schedule for the day will be distributed to participants.

Due to the growing size of the conference, those who submit abstracts are given priority to attend. Those who do not plan to submit projects for discussion may attend if there is space. The community will be notified if there is additional room for other attendees after all projects have been submitted and acceptances have been emailed.


Questions? Comments? Anxieties? Other emotional reactions? Please do not hesitate to email Joe Forgione at joseph.forgione@nyls.edu or Ari Waldman at ari.waldman@nyls.edu. Internet-related humor is welcome.

Please submit your abstracts here.

Abstracts are due no later than January 17, 2020. Shortly thereafter, a tentative schedule for the day will be distributed.

Breakfast and Registration

9:00 a.m. – 9:30 a.m.

Events Center
Welcome

9:30 a.m. – 9:45 a.m.

Events Center
Session 1

9:45 a.m. – 11:10 a.m.

Copyright and Trademark, Room W220

“Utility-Expanding Fair Use” by Jacob Victor, NYU

“Make No Law: How the DMCA Offends the First Amendment” by Cathy Gellis

“Trademarks as Surveillance Transparency” by Amanda Levendowski, Georgetown Law

“The Evolving Role of E-Commerce Platforms in China and the US in Internet Governance: An Attempt Beyond Network Neutrality” by Songyin Bo, The Chinese University of Hong Kong (Hong Kong)

Theory, Room W302

“The Jurisprudence of Software” by James Grimmelmann, Cornell Tech and Cornell Law School

“Feedback and Students Success: Learning from Interviewing” by Itai Sneh, John Jay College

“Disambiguating ‘Cybersecurity’” by David Thaw, University of Pittsburgh

“An Information Theory of Information Pollution” by Gus Hurwitz, University of Nebraksa

Markets and Technology, Room W303

“There’s Probably a Blackout in Your Television Future: Tracking New Carriage Negotiation Strategies Between Video Content Programmers and Distributors” by Rob Frieden, Penn State University

“MCEther: Verifying Legal Properties of Smart Contracts using a Model Checker” by Shrutarshi Basu, Harvard University

“Unconventionality as a Key to Survive a Patent-Ineligibility Challenge in a Motion to Dismiss” by Ping-Hsun Chen, Graduate Institute of Technology, National Chengchi University (China)

“Hybrid and Democratic Regimes: A Non-Traditional Analysis of the Legal Factors that Enable an Internet Kill Switch” by Patricia Vargas Leon, Information Society Project, Yale Law School

Online Speech and Content, Room W320

“The Zeran Trilogy” by Brian L. Frye, University of Kentucky College of Law, and Jess Miers, Santa Clara University School of Law

“Reasonableness as Censorship: Section 230 Reform, Content Moderation Liability, and Internet Speech Exceptionalism” by Enrique Armijo, Elon University School of Law

“Validating Transparency Reports” by Eric Goldman, Santa Clara University School of Law

“Impact of Fake News Through Social Media: Contemporary Issues and Challenges in India” by Zubair Ahmed Khan, USLLS, GGSIPU, Delhi (India)

Break

11:10 a.m. – 11:20 a.m.

Events Center
Session 2

11:20 a.m. – 12:25 p.m.

AI, Room W220

“Machine Reasoning and the Future of Criminal Responsibility” by Daniel Maggen, Yale Law School

“Algorithm Optimisation and Limits of Human Imagination” by Tjasa Zapusek, University of Zurich (Switzerland)

Markets and Technology, Room W302

“Regulating Intermediary Risk in Fintech” by Kristin Johnson, Tulane University Law School

“Where We’re Going, Do We Need KYC/AML: The Bank Secrecy Act and Virtual Currency Exchanges” by Stan Sater, Bekiares Eliezer LLP

“Challenges to the Conventional Wisdom About Mergers and Consumer Welfare in a Converging Internet Marketplace” by Rob Frieden, Penn State University

AI, Room W303

“Digital Trade and Artificial Intelligence: Role of Intellectual Property” by Vandana Singh, USLLS, GGSIPU, Delhi (India)

“What Is a Proxy and Why Is It a Problem?” by Solon Barocas, Cornell University

“Artificial Intelligence, the Law–Machine Interface, and Fair Use Automation” by Peter Yu, Texas A&M University School of Law

Human Rights, Room W320

“Human Rights Protection in the Age of Artificial Intelligence: New Challenges for Constitutionalism” by Marco Bassini, Bocconi University (Italy)

“Untitled Legal Scholarship Accessibility Project” by Raizel Liebler, University of Illinois at Chicago – UIC John Marshall Law School

“An Appraisal of the Legal Regime of Internet Policing in Nigeria” by Ibrahim Shehu, Usman Danfodiyo University Sokoto (Nigeria)

Lunch

12:25 p.m. – 1:30 p.m.

Events Center
Group Picture

1:30 p.m. – 1:45 p.m.

Meet outside of Events Center
Session 3

1:45 p.m. – 3:10 p.m.

Online Speech and Content, Room W220

“Distributed Accountability in Internet Content Governance” by Matthew Marinett, University of Toronto (Canada)

“Hardened Soft Law: The Third Party Effect of the FTC’s YouTube Settlement” by Neil Chilson, Charles Koch Institute

“Rebooting Internet Immunity” by Gregory Dickinson, Stanford Law School

“Regulation (EU) 2018/1807: The Last Piece of the Free Flow of Data Puzzle?” by Maria Lillà Montagnani, Bocconi University (Italy)

Privacy, Room W302

“Collectively Bargaining for Privacy” by Sari Mazzurco, Yale Law School

“Privacy as Privilege” by Rebecca Wexler, Berkeley Law School

“Privacy Externalities” by Vivek Krishnamurthy, University of Ottawa (Canada)

“Show Me (the Financial Data About) the Money! Big Banks, Startups and the Consumer” by Nizan Packin, City University of New York

Surveillance, Room W303

“Reimagining the Fourth Amendment for the Mass Surveillance Age” by Albert Cahn, S.T.O.P. – Surveillance Technology Oversight Project

“The Social Elements of Surveillance” by Aileen Nielsen, Center for Law and Economics, ETH Zurich (Switzerland)

“AI as an Emerging Incentive that Drives Online Platform Surveillance” by Noa Mor, University of Haifa (Israel)

“Understanding Chilling Effects and their Harms” by Jon Penney, Harvard Berkman Klein Center for Internet & Society; Shorenstein Center, Harvard Kennedy School; Citizen Lab, University of Toronto (Canada)

Governance, Room W320

“A New Governance Model for Digital Economy: The Anatomy of E-Commerce Law in China” by Chuanman You, Singapore Management University (Singapore)

“Internet Federalism” by Tejas Narechania, UC Berkeley School of Law

“Freedom of Information’s Concept Framework” by David Levine, Elon University School of Law

“The Governance of Smart City Technologies (Internet Law, Meet Local Government Law)” by Beatriz Botero Arcila, Berkman Klein Center for Internet and Society, Harvard University

Break

3:10 p.m. – 3:20 p.m.

Events Center
Session 4

3:20 p.m. – 4:25 p.m.

AI and Ethics, Room W220

“When Algorithms Meet Fairness: Big Data, Price Calculation and the Discrimination Quandary” by Mateusz Grochowski, European University Institute, Florence (Italy) / Polish Academy of Sciences, Warsaw (Poland), Information Society Project, Yale Law School

“A New Proposed Rule for Disparate Impact in Housing” by Viola Zhong, New York University

“The (European) Artificial Intelligence (R)Evolution: ‘Are Trustworthiness‚ Law‚ Ethics, and Robustness Enough for (Re)Liability?’” by Viola Schmid, Technical University Darmstadt (Germany)

AI and VR, Room W302

“Can Algorithms Promote Fair Use?” by Peter Yu, Texas A&M University School of Law

“’Durable Medium’: Contextual Understanding in Comparative Perspective” by Faye Wang, Brunel University (United Kingdom)

Human Rights, Room W303

“Sex, the State, and Social Media” by Andrew Gilden, Willamette University College of Law

“FOSTA: An In-Depth Guide” by Kendra Albert, Harvard Law School

“The Systematic Failure of the United States’ Approach to Online Child Sexual Abuse Material” by Daisy Soderberg-Rivkin, R Street Institute

Games, Room W320

“Hate the Game, not the Player: Fairness and Copyright in Video Games” by Shani Shisha, Harvard Law School

“Hearts of Iron: Gaming Language and the Rule of Law” by Joshua Fairfield, Washington and Lee University School of Law

“Gamer Courts” by Christopher Cotropia, University of Richmond School of Law

Break

4:25 p.m. – 4:35 p.m.

Events Center
Session 5

4:35 p.m. – 6:00 p.m.

Privacy, Room W220

“The Intractability of Paying for Privacy” by Aileen Nielsen, Center for Law and Economics, ETH Zurich (Switzerland)

“Testing Techno-Relational Mindfulness in Conceptualizing the Tort of Privacy to Address Online Abuse” by Emily Laidlaw, University of Calgary (Canada)

“The Legal Basis for Self-Sovereign Identity – A Path Forward to Data Protection & Privacy” by Alexei Furs, Brooklyn Law School

“Data Flows & Data Privacy: A Conceptual Framework to Assess Restrictions on Data Flows under GATS General Exceptions” by Martina Ferracane, European Centre for International Political Economy (Belgium)

Governance, Room W302

“Brazilian General Data Protection Act – An Overview” by Cleorbete Santos and Tarsis Barreto Oliveira, Federal University of Tocantins (Brazil)

“Drone Technology, Airspace Design, and Aerial Law in States and Cities” by Brent Skorup, George Mason University

“Visible Internet Law: Governing Invisible Infrastructures and Regulating Online Platforms” by Katja Weckstrom Lindroos, UEF Law School (Finland)

“The Rise of ODR-Led Justice in China: An Initial Look” by Carrie Shang, California State Polytechnic University

New Platforms, Room W303

“False Influencing” by Alexandra Roberts, University of New Hampshire Franklin Pierce School of Law

“The Law of Influencer Marketing” by Husain Bazzi, Brooklyn Law School

“Platforms as Blackacres” by Thomas Kadri, Yale Law School

“Speech Platforms and Commerce Platforms” by Felix Wu, Cardozo School of Law

Theory, Room W320

“Introducing Cyber-Legal Systems: Bidirectional Investigations of the Legal-Technological Nexus” by Shrutarshi Basu, Harvard University

“The Over-Users: Technology Addiction, Happiness and the Power of Awareness” by Gaia Bernstein, Seton Hall University School of Law

“‘Smart’ Technology and Dumb Doctrine: A Reexamination of the Third Party Doctrine in an Era of Increasingly Interconnected Technology” by Jennifer Huddleston, American Action Forum

“Against a Fairness Doctrine for the Internet, Or Why Ted Cruz, Lindsey Graham, Trump, Trump, Jr., Josh Hawley, Adam Candeub and All Other Republicans Are Complete Fucking Hypocrites” by Berin Szoka, TechFreedom

Dinner

6:00 p.m. – 7:30 p.m.

Events Center

Click HERE for the 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 Joe Biden was right about LGA. Still, it’s getting a multi-billion dollar overhaul. A state-of-the-art airport should be ready for a future 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

We have a bloc of rooms at the Sheraton Tribeca, at 370 Canal Street, formerly of SPG, but now part of the Marriott universe. We also secured a pretty good rate, especially by NYC standards, of $155 per night. Please click here to reserve your spot. The rooms are available on a first-come, first-served basis.