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Editors
Editor-in-Chief: Editor Name, Editor Institution
Editors: Editor Name, Editor Institution
Editor Name, Editor Institution
 

The Duke Law & Technology Review is a student-edited online publication of Duke Law School that has been published since 2001 and is devoted to examining the evolving intersection of law and technology. Unlike traditional legal journals, DLTR focuses on short, direct, and accessible “issue briefs” or “iBriefs,” intended to provide cutting edge insight to lawyers and non-legal professionals.

iBlawg was a DLTR side blog from 2006 to 2007.

Please note: As of February 2012, the official citation for the Duke Law and Technology Review was altered to include a volume number, followed by the title of the journal, and the page number on which the article begins. Additionally, Volume 1 includes all scholarship published from 2001-2003.

ISSN 2328-9600 (Online)

Recent Content

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The Past and Future of the Internet: A Symposium for John Perry Barlow

Date posted: 8-11-2019

Topic: Cyberspace, information, internet, intellectual property, copyright, Barlow

 

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A Declaration of the Mission of University in Barlowspace
Charles R. Nesson

Date posted: 8-11-2019

Topic: Cyberspace, internet, university

 

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What Didn’t Happen: An Essay in Speculation
Peter Jaszi

Date posted: 8-11-2019

Topic: Copyright, internet, cyberspace

 

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Dancing on the Grave of Copyright?
Anupam Chander and Madhavi Sunder

Date posted: 8-11-2019

Topic: Copyright, intellectual property, cyberspace, internet, digital

 

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John Perry Barlow’s Call for Persuasion Over Power
Jonathan L. Zittrain

Date posted: 8-11-2019

Topic: Copyright, internet, computer

 

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Imaginary Bottles
Jessica Litman

Date posted: 8-11-2019

Topic: Digital, copyright, crypto, intellectual property

 

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The Enigma of Digitized Property: A Tribute to John Perry Barlow
Pamela Samuelson and Kathryn Hashimoto

Date posted: 8-11-2019

Topic: Digital, copyright, property, intellectual property, cyberspace

 

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Revisiting Barlow's Misplaced Optimism
Benjamin Edelman

Date posted: 8-11-2019

Topic: Internet, communication, cyber

 

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Internet Utopianism and the Practical Inevitability of Law
Julie E. Cohen

Date posted: 8-11-2019

Topic: Internet, communication, networks

 

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A Political Economy of Utopia?
Yochai Benkler

Date posted: 8-11-2019

 

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Inventing the Future: Barlow and Beyond
Cindy Cohn

Date posted: 8-11-2019

Topic: Internet, technological advances

 

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Barlow's Legacy
Cory Doctorow

Date posted: 8-11-2019

Topic: Internet, tech, Barlow

 

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Is the Internet Over?! (Again?)
James Boyle

Date posted: 8-11-2019

Topic: Internet, network, copyright

 

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Selling Wine Without Bottles: The Economy of Mind on the Global Net
John Perry Barlow

Date posted: 8-11-2019

Topic: Cyberspace, information, internet, intellectual property

 

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A Declaration of the Independence of Cyberspace
John Perry Barlow

Date posted: 8-11-2019

Topic: Cyberspace

 

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The Past and Future of the Internet: A Symposium For John Perry Barlow
James Boyle

Date posted: 8-11-2019

Topic: internet, online, cyberspace, economy

 

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Where To Prosecute Cybercrimes
Jacob T. Wall

Date posted: 5-10-2019

Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper venue. This Note explores several possible approaches to permitting cybercrime trials to take place in the locations where they belong, including through an old but recently revisited judicially-created test for venue and through possible legislative reform.

Topic: Cybercrime, Computer Fraud, Technology, IT, Computers

 

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Icts, Social Media, & the Future of Human Rights
Nikita Mehandru and Alexa Koenig

Date posted: 4-1-2019

As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based open source investigations on international criminal legal processes, as well as challenges related to their use. We also offer best practices for lawyers, activists, and other individuals seeking to admit open source information—including content derived from social media—into courts.

Topic: open source evidence, human rights, social media, communication

 

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Deepfakes: False Pornography Is Here and the Law Cannot Protect You
Douglas Harris

Date posted: 1-5-2019

It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called “deepfakes,” use artificial intelligence software to impose a person’s face onto another person’s body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals—like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting these publications is necessary to deter this activity.

Topic: deepfake, pornography, computer, video, sex

 

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Defining and Regulating Cryptocurrency: Fake Internet Money or Legitimate Medium of Exchange?
Susan Alkadri

Date posted: 12-9-2018

Digitalization makes almost everything quicker, sleeker, and more efficient. Many argue cryptocurrency is the future of money and payment transfers. This paper explores how the unique nature of cryptocurrencies creates barriers to a strict application of traditional regulatory strategies. Indeed, state and federal regulators remain uncertain if and how they can regulate this cutting-edge technology. Cryptocurrency businesses face difficulty navigating the unclear regulatory landscape, and consumers frequently fall prey to misinformation. To reconcile these concerns, this paper asserts cryptocurrency functions as “currency” or “money” and should be treated as such for regulatory purposes. It also proposes each state implement a uniform cryptocurrency-specific framework following the Uniform Regulation of Virtual-Currency Business Act. Such a harmonious approach would reduce compliance costs for cryptocurrency businesses, protect consumers, and provide satisfactory state and federal oversight.

Topic: cryptocurrency