Regulating Habit-Forming Technology

Tech developers, like slot machine designers, strive to maximize the user’s “time on device.” They do so by designing habit-forming products— products that draw consciously on the same behavioral design strategies that the casino industry pioneered. The predictable result is that most tech users spend more time on device than they would like, about five hours of phone time a day, while a substantial minority develop life-changing behavioral problems similar to problem gambling. Other countries have begun to regulate habit-forming tech, and American jurisdictions may soon follow suit. Several state legislatures today are considering bills to regulate “loot boxes,” a highly addictive slot-machine- like mechanic that is common in online video games. The Federal Trade Commission has also announced an investigation into the practice. As public concern mounts, it is surprisingly easy to envision consumer regulation extending beyond video games to other types of apps. Just as tobacco regulations might prohibit brightly colored packaging and fruity flavors, a social media regulation might limit the use of red notification badges or “streaks” that reward users for daily use. It is unclear how much of this regulation could survive First Amendment scrutiny; software, unlike other consumer products, is widely understood as a form of protected “expression.” But it is also unclear whether well-drawn laws to combat compulsive technology use would seriously threaten First Amendment values. At a very low cost to the expressive interests of tech companies, these laws may well enhance the quality and efficacy of online speech by mitigating distraction and promoting deliberation

Payment in Credit: Copyright Law and Subcultural Creativity

Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but know less about the choices people make about copyright on a daily basis, especially when they are not working. Here, Tushnet examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others\u27 works to creation of new stories, art, and audiovisual works: the media-fan community. Among other things, she discusses some differences between fair use and fan practices, focused around attribution as an alternative to veto rights over uses of copyrighted works

‘We do it to keep him alive’: bereaved individuals’ experiences of online suicide memorials and continuing bonds

This paper presents draws on interviews with individuals who have experience of creating, maintaining and utilising Facebook sites in memory of a loved one who has died by suicide. We argue that Facebook enables the deceased to be an on-going active presence in the lives of the bereaved. We highlight the potential of the Internet (and Facebook in particular) as a new and emerging avenue for the continuation of online identities and continuing bonds. Our study offers unique insight into survivors’ experiences of engaging with the virtual presence of their deceased loved one: how mourners come and go online, how this evolves over time and how the online identity of the deceased evolves even after death. We discuss how Facebook provides new ways for people to experience and negotiate death by suicide and to memorialise the deceased, highlighting the positive impact of this for survivors’ mental health. Finally, we describe the creation of tension amongst those who manage their grief in different ways

Community Self Help

This paper advocates controlling crime through a greater emphasis on precautions taken not by individuals, but by communities. The dominant battles in the literature today posit two central competing models of crime control. In one, the standard policing model, the government is responsible for the variety of acts that are necessary to deter and prosecute criminal acts. In the other, private self-help, public law enforcement is largely supplanted by providing incentives to individuals to self-protect against crime. There are any number of nuances and complications in each of these competing stories, but the literature buys into this binary matrix

Easy on that trigger dad: a study of long term family photo retrieval

We examine the effects of new technologies for digital photography on people's longer term storage and access to collections of personal photos. We report an empirical study of parents' ability to retrieve photos related to salient family events from more than a year ago. Performance was relatively poor with people failing to find almost 40% of pictures. We analyze participants' organizational and access strategies to identify reasons for this poor performance. Possible reasons for retrieval failure include: storing too many pictures, rudimentary organization, use of multiple storage systems, failure to maintain collections and participants' false beliefs about their ability to access photos. We conclude by exploring the technical and theoretical implications of these findings

Easy on that trigger dad: a study of long term family photo retrieval

We examine the effects of new technologies for digital photography on people's longer term storage and access to collections of personal photos. We report an empirical study of parents' ability to retrieve photos related to salient family events from more than a year ago. Performance was relatively poor with people failing to find almost 40% of pictures. We analyze participants' organizational and access strategies to identify reasons for this poor performance. Possible reasons for retrieval failure include: storing too many pictures, rudimentary organization, use of multiple storage systems, failure to maintain collections and participants' false beliefs about their ability to access photos. We conclude by exploring the technical and theoretical implications of these findings

Prosecuting Dark Net Drug Marketplace Operators Under the Federal Crack House Statute

Over 70,000 Americans died as the result of a drug overdose in 2017, a record year following a record year. Amidst this crisis, the popularity of drug marketplaces on what has been called the “dark net” has exploded. Illicit substances are sold freely on such marketplaces, and the anonymity these marketplaces provide has proved troublesome for law enforcement. Law enforcement has responded by taking down several of these marketplaces and prosecuting their creators, such as Ross Ulbricht of the former Silk Road. Prosecutors have typically leveled conspiracy charges against the operators of these marketplaces—in Ulbricht’s case, alleging a single drug conspiracy comprising Ulbricht and the thousands of vendors on the Silk Road. This Note argues that the conspiracy to distribute narcotics charge is a poor conceptual fit for the behavior of operators of typical dark net drug marketplaces, and that the federal “crack house” statute provides a better charge. Though charging these operators under the crack house statute would be a novel approach, justice is best served when the crime accurately describes the behavior, as the crack house statute does in proscribing what dark net drug marketplace operators like Ulbricht do