Keeping the Good Faith: YouTube, Fair Use, and the DMCA
Alexandra M. Even YouTube is an important platform for user-generated content and serves as a positive space for creativity on the internet. Nevertheless, there are some glaring problems with the way YouTube handles copyright infringement. Congress enacted the Digital Millennium Copyright Act (DMCA) before the internet had taken shape into the vast and complex body we know today. Copyright holders are given far more leniency than the creators accused of infringement, largely due to a subjective good faith standard imposed by the courts. This article proposes the good faith standard in § 512(c) of the DMCA be amended to incorporate...
iSpy Someone Getting an Abortion: The Use of Personal Data in the Post-Dobbs Era
Rebecca Horton In the wake of the Supreme Court’s June 2022 ruling in Dobbs v. Jackson Women’s Health Organization, personal data has become a means of investigating and prosecuting individuals who seek or provide abortion services. With little federal oversight into the collection and disclosure of users’ personal data, third parties have significant latitude to sell or profit from sensitive information. The recent use of location and personal data implicates the privacy of millions of individuals and raises significant questions around health care and technology laws in states where abortion is now illegal. In the absence of sweeping federal regulations around...