scholarly journals The Substance of Procedure: Non-Party Disclosure in the Canadian and U.S. Online Music Sharing Litigation

2016 ◽  
Author(s):  
Jane Bailey
Keyword(s):  
Private Information ◽  
Service Providers ◽  
The United States ◽  
Public And Private ◽  
Internet Service ◽  
Online Music ◽  
Legal Outcomes ◽  
Internet Connections ◽  
The Individual ◽  
The U.S

The music recording industry is suing Internet subscribers in Canada and the United States for alleged copyright infringement in unprecedented numbers. The procedure for obtaining non-party disclosure has taken on renewed significance in this context, as the industry requests disclosure of identifying and private information from Internet Service Providers (ISPs) who provide online communicators with their Internet connections. Legislative measures adopted in the U.S. expedited the disclosure process through an administrative mechanism with low threshold requirements for issuance of a subpoena against an ISP. In Canada (and after late 2004 in the U.S.), disclosure requests proceeded under federal rules of court. Comparison of the expedited administrative and the judicially interpreted rules-based processes raises important questions about the connection between procedure and substance, and procedural justice more generally. Not only are more permissive rules for disclosure often inconsistent with protecting substantive rights, such as privacy, bin they also cannot be presumed to enhance the likelihood of achieving accurate substantive legal outcomes. If non-party disclosure rules are not contextually designed and implemented to reflect the power and resource imbalance between the plaintiff music industry and the individual defendants pursued in online music sharing litigation, the public and private interest in substantive adjudication of critical questions relating to copyright law may be foreclosed for reasons wholly unrelated to substantive legal merits.

scholarly journals Informed Consent in the U.S. Indigenous Peoples Context: A Systematic Literature Review 

2021 ◽  
Author(s):  
Tasha Gross ◽  
Clarita Lefthand-Begay
Keyword(s):  
Informed Consent ◽  
Literature Review ◽  
Cultural Values ◽  
Systematic Literature Review ◽  
Human Subjects ◽  
The United States ◽  
Inclusion Criteria ◽  
Research Practices ◽  
The Individual ◽  
The U.S

Abstract BACKGROUND: Tribal communities in the United States (U.S.) have a long history of subjection to unethical and exploitive medical and research practices. Today, many Tribal nations are establishing procedures in order to protect themselves from further harm and to advance culturally informed research practices. These procedures are also meant to ensure that their communities benefit from research conducted within their communities. Informed consent is a key element in protecting human subjects, but it may not be sufficient in the tribal context, as its conception is rooted in Western understandings of protection. Specifically, the informed consent emphasizes the individual, rather than the community as a whole, which is just as important in the context of conducting research with Native communities.METHODS: We conduct a systematic literature review to answer two related questions: How is informed consent being conceived of by U.S. tribes? And how is informed consent being required by U.S. tribes? Our inclusion criteria include articles focusing on informed consent within the U.S. tribal context, written in English in 2010-2020. Articles that did not fit our inclusion criteria were excluded. Two reviewers independently reviewed and coded 30 peer-reviewed articles by using content analysis and, in an iterative process, agreed on emerging codes and themes. RESULTS: A number of themes arise in the selected literature, including the conception of informed consent as a process, its operation at various levels (individual, collective, and government-to-government), possible alternatives to informed consent, and the need for specificity about ownership of samples and data, benefits and/or risks, and the methods and procedures that researchers use in the course of study.CONCLUSIONS: Our key results point to a need for clear and transparent information for prospective research participants and for consent forms and processes to include the collective, as well as the individual. This will better align with the cultural values and political standing of sovereign tribes in the U.S.

scholarly journals Violence Against Authority: Management, Policy, And Research Implications

2015 ◽  
Vol 19 (2) ◽  
pp. 69
Author(s):  
Randy R. Edwards ◽  
C. Kenneth Meyer ◽  
Stephen E. Clapham
Keyword(s):  
Violent Crime ◽  
Police Officers ◽  
Workplace Violence ◽  
Property Crime ◽  
Personal Characteristics ◽  
Workplace Safety ◽  
The United States ◽  
Management Policy ◽  
The Individual ◽  
The U.S

There has been a steady decline in violent crime in the United States in the past twenty years. Trends indicate that violent crime was down 13.4 percent below the 200l level and for property crime, society is experiencing the tenth straight year of declining rates. Yet, the Southern region of the U.S is disproportionately represented by percentage of overall violent crimes committed nationally. Also, the South is over-represented in the number of police officers who are feloniously killed or assaulted. This empirical research concentrates on violence directed against police in the U.S. and begins by examining the type and magnitude of workplace violence, then transitions to a review of the sociological, political, and psychological literature, focusing on the individual and social causes for violence generally. It ends with an examination of officers feloniously killed (their personal characteristics and that of their assailants), the level of violence against police by type of arrest or enforcement situation, and by region of the country. This paper provides a comparative analysis of street-level violence for general municipal assaults, robbery, and the most rapidly growing type of felonious assaultambush attacks. The paper concludes with an analysis of the societal and behavioral characteristics and considerations related to violence against police. The authors present a number of current trends, training recommendations, and suggestions for improving officer workplace safety.

Current Policy Issues in Internet Intermediary Liability

2019 ◽  
Author(s):  
Lucas Logan
Keyword(s):  
Search Engines ◽  
Service Providers ◽  
Strict Liability ◽  
Limited Liability ◽  
The United States ◽  
Free Expression ◽  
Internet Service ◽  
Company Policy ◽  
Media Services ◽  
Intermediary Liability

Intermediary liability is at the center of the debate over free expression, free speech, and an open Internet. The underlying policies form network regulation that governs the extent that websites, search engines, and Internet service providers that host user content are legally responsible for what their users post or upload. Levels of intermediary liability are commonly categorized as providing broad immunity, limited liability, or strict liability. In the United States, intermediaries are given broad immunity through Section 230 of the Communication Decency Act. In practice, this means that search engines cannot be held liable for the speech of individuals appearing in search results, or a news site is not responsible for what people are typing in its comment section. Immunity is important to the existence of free expression because it ensures that intermediaries do not have incentives to censor content out of fear of the law. The millions of users continuously generating content through Facebook and YouTube, for instance, would not be able to do so if those intermediaries were fearful of legal consequences due to the actions of any given user. Privacy policy online is most evidently showcased by the European Union’s Right to be Forgotten policy, which forces search engines to delist an individual’s information that is deemed harmful to reputation. Hateful and harmful speech is also regulated online through intermediary liability, although social media services often decide when and how to remove this type of content based on company policy.

Internet Neutrality

2016 ◽  
Author(s):  
Maria Löblich
Keyword(s):  
High Speed ◽  
Business Models ◽  
Service Providers ◽  
The United States ◽  
The Internet ◽  
Communication Studies ◽  
Net Neutrality ◽  
Internet Service Providers ◽  
Internet Service ◽  
Internet Neutrality

Internet neutrality—usually net(work) neutrality—encompasses the idea that all data packets that circulate on the Internet should be treated equally, without discriminating between users, types of content, platforms, sites, applications, equipment, or modes of communication. The debate about this normative principle revolves around the Internet as a set of distribution channels and how and by whom these channels can be used to control communication. The controversy was spurred by advancements in technology, the increased usage of bandwidth-intensive services, and changing economic interests of Internet service providers. Internet service providers are not only important technical but also central economic actors in the management of the Internet’s architecture. They seek to increase revenue, to recover sizable infrastructure upgrades, and expand their business model. This has consequences for the net neutrality principle, for individual users and corporate content providers. In the case of Internet service providers becoming content providers themselves, net neutrality proponents fear that providers may exclude competitor content, distribute it poorly and more slowly, and require competitors to pay for using high-speed networks. Net neutrality is not only a debate on infrastructure business models that is carried out in economic expert circles. On the contrary, and despite its technical character, it has become an issue in the public debate and an issue that is framed not only in economic but also in political and social terms. The main dividing line in the debate is whether net neutrality regulation is necessary or not and what scope net neutrality obligations should have. The Federal Communications Commission (FCC) in the United States passed new net neutrality rules in 2015 and strengthened its legal underpinning regarding the regulation of Internet service providers (ISPs). With the Telecoms Single Market Regulation, for the first time there will be a European Union–wide legislation for net neutrality, but not recent dilution of requirements. From a communication studies perspective, Internet neutrality is an issue because it relates to a number of topics addressed in communication research, including communication rights, diversity of media ownership, media distribution, user control, and consumer protection. The connection between legal and economic bodies of research, dominating net neutrality literature, and communication studies is largely underexplored. The study of net neutrality would benefit from such a linkage.

Commuter Rail, Freight Railroads, and the Open Access Debate

2000 ◽  
Vol 1704 (1) ◽  
pp. 35-41 ◽  
Author(s):  
John G. Allen
Keyword(s):  
Open Access ◽  
Service Provision ◽  
Service Providers ◽  
Metropolitan Areas ◽  
The United States ◽  
Fundamental Change ◽  
Rail Freight ◽  
Commuter Rail ◽  
Rail Industry ◽  
The U.S

The future of the U.S. commuter rail industry is inextricably linked to that of the freight railroads. Because of recent mergers and associated operating issues, some shipper interests are seeking fundamental change in the organization of freight railroading. Under proposals for open access, railroads judged to be abusing a monopolistic position or providing inadequate service would be required to accommodate competing operators. As in the telecommunications and natural gas industries, infrastructure and service provision would be disaggregated and rail freight shippers could choose among different railroads. Open access is expected to lead to greater volatility in freight scheduling, as bulk shippers change service providers to maximize their commercial advantage. With freight railroads already at capacity in several metropolitan areas, open access would probably exacerbate capacity problems. The possible effects on commuter operations in Washington, D.C., and Chicago are analyzed. If the United States moves toward some form of open access, commuter railroads must ensure that their operating rights are fully preserved, especially during rush hours.

Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China

2018 ◽  
Vol 19 (1) ◽  
pp. 333-361
Author(s):  
Robin Hui Huang
Keyword(s):  
The United States ◽  
Class Action ◽  
Public And Private ◽  
Securities Law ◽  
Recent Developments ◽  
Public And Private Enforcement ◽  
The Relationship ◽  
The U.S

Abstract China has a civil procedure for collective litigation, which is dubbed Chinese-style class action, as it differs from the U.S.-style class action in some important ways. Using securities class action as a case study, this Article empirically examines both the quantity and quality of reported cases in China. It shows that the number of cases is much lower than expected, but the percentage of recovery is significantly higher than that in the United States. Based on this, the Article casts doubt on the popular belief that China should adopt the U.S.-style class action, and sheds light on the much-debated issue concerning the relationship between public and private enforcement of securities law. The Article also discusses the future prospects of securities class action in China in light of some recent developments which may provide its functional equivalents, including the regulator-brokered compensation fund and public interest group litigation.

scholarly journals Pushing Back on Stricter Copyright ISP Liability Rules

2021 ◽  
pp. 299
Author(s):  
Pamela Samuelson
Keyword(s):  
United States ◽  
Service Providers ◽  
The United States ◽  
Fundamental Rights ◽  
Safe Harbor ◽  
The European Union ◽  
Internet Service ◽  
Liability Rules ◽  
Stakeholder Interests ◽  
Wide Range

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale. Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and Related Rights in the Digital Single Market. In particular, the Directive’s Article 17 places much stricter obligations on for-profit ISPs that host large amounts of user contents. Article 17 is internally contradictory, deeply ambiguous, and harmful to small and medium-sized companies as well as to user freedoms of expression. Moreover, Article 17 may well violate the European Charter of Fundamental Rights. In the United States, Congress commenced a series of hearings in 2020 on the safe harbor rules now codified as 17 U.S.C. § 512 of the Digital Millennium Copyright Act (DMCA). In May 2020, the U.S. Copyright Office issued its long-awaited study on Section 512, which recommended several significant changes to existing safe harbor rules. The Study’s almost exclusively pro–copyright industry stances on reform of virtually every aspect of the rules notably shortchanges other stakeholder interests. Congress should take a balanced approach in considering any changes to the DMCA safe harbor rules. Any meaningful reform of ISP liability rules should consider the interests of a wide range of stakeholders. This includes U.S.-based Internet platforms, smaller and medium-sized ISPs, startups, and the hundreds of millions of Internet users who create and enjoy user-generated content (UGC) uploaded to these platforms, as well as the interests of major copyright industries and individual creators who have been dissatisfied with the DMCA safe harbor rules.

scholarly journals Sectoral Impacts of Invasive Species in the United States and Approaches to Management

2021 ◽  
pp. 203-229
Author(s):  
Anne S. Marsh ◽  
Deborah C. Hayes ◽  
Patrice N. Klein ◽  
Nicole Zimmerman ◽  
Alison Dalsimer ◽  
...  
Keyword(s):  
United States ◽  
Invasive Species ◽  
Cultural Practices ◽  
Well Being ◽  
The United States ◽  
Major Effect ◽  
Public And Private ◽  
Species Establishment ◽  
And Control ◽  
The U.S

AbstractInvasive species have a major effect on many sectors of the U.S. economy and on the well-being of its citizens. Their presence impacts animal and human health, military readiness, urban vegetation and infrastructure, water, energy and transportations systems, and indigenous peoples in the United States (Table 9.1). They alter bio-physical systems and cultural practices and require significant public and private expenditure for control. This chapter provides examples of the impacts to human systems and explains mechanisms of invasive species’ establishment and spread within sectors of the U.S. economy. The chapter is not intended to be comprehensive but rather to provide insight into the range and severity of impacts. Examples provide context for ongoing Federal programs and initiatives and support State and private efforts to prevent the introduction and spread of invasive species and eradicate and control established invasive species.

scholarly journals HATE SPEECH ON SOCIAL NETWORK SITES: PERPETRATOR AND SERVICE PROVIDERS’ LIABILITY

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Frans Marx
Keyword(s):  
South Africa ◽  
Social Network ◽  
Hate Speech ◽  
Service Providers ◽  
Social Network Sites ◽  
The United States ◽  
Third Parties ◽  
The Internet ◽  
Specific Reference ◽  
Internet Service

The article investigates the phenomenon of hate speech on social network sites and gives an overview of the national and international legal instruments which are available to combat hate speech. After an overview of the nature of hate speech andthe early international attempts to curb it, hate speech in South Africa is investigated. The question is posed whether statements of hatred made on the Internet, especially if published from sites such as Facebook which is external to South Africa, can leadto liability for perpetrators in South Africa. International responses to hate speech in cyberspace are then investigated with specific reference to the possible liability of Internet service providers for hate speech posted by third parties on their websites. Itis shown that, although service providers in the United States enjoy more protection than those in European Union, Canada and South Africa, hate speech on social network sites can be legally curbed. It is concluded that the myth that the Internet as a godless, lawless zone can and must be dismissed.

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