Global Cyber Intermediary Liability: A Legal & Cultural Strategy

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some level of injunctive relief, intermediaries operate in a largely unregulated environment. Part III looks at what we can learn from other countries. The cleanest intermediary country, Finland, and the worst country, Lithuania, were selected in order to explore the causes for the differences between country performances. The section examines the remarkable distinctions between national cultures to explain differences in national cybercrime rates. Part III.A of this Article argues that the criminal code laws do not account for the difference in host and ISP performances between Finland and Lithuania. There are few differences in the codified laws pertaining to cybercrime between these countries. Instead, it is Finland’s cultural and business environments that appear to drive its cybercrime ranking. Part IV suggests reforms to shift a country’s culture to make it less prone to corruption. However, changing a culture takes time so Part IV also proposes a private law scheme in which intermediaries are unable to wave the “flag of immunity,” as they do now. The guiding philosophy for this proposal is that harmed parties should be permitted to recover damages directly from “bad” intermediaries

Exploring the Creditor’s Duty of Reasonable Care Under UCC Article 9 Amidst Recession and Revision

22 p.The following analysis will explore a secured party’s duties under sections 9-207(a) and 9-610 individually and in tandem to reveal that, despite the clarity of the statute on its face, variances abound. The differences in application of these provisions of the UCC create uncertainty in the marketplace, which is detrimental during times of economic decline. Given the higher incidences of default in times of economic recession, valuation becomes a key determinant of the outcome for the parties involved. Furthermore, unique collateral becomes increasingly difficult to value in a slow economy because of reduced demand. Accordingly, collateral with an established market is easier to value. This facilitation in collateral valuation leads to a more straightforward assessment of the adequacy of the secured party’s preservation and disposal of collateral. Additionally, this Article will investigate the effect of turbulence in the domestic and global markets on creditors’ duties of preservation and reasonable sale or disposal under sections 9-207(a) and 9-610

Oral history interview with Tony Eonas (SOH-052)

Anthony “Tony” Eonas, Suffolk University Professor Emeritus, discusses his forty-eight-year career at the university in the Marketing and Business Law and Ethics Departments. He discusses his early life; including his transition into academia after working in sales, then teaching at Northeastern University and Bentley College. He discusses the evolution of the business school, the camaraderie of the faculty, and his focus on developing students. He recounts one of his major accomplishments, securing the Association to Advance Collegiate Schools of Business (AACSB) accreditation for the Sawyer Business School which elevated the reputation and ranking of the school. Professor Eonas also reminisces about his travels, both internationally, on behalf of Suffolk, and also across the United States, on regular motorcycle trips. He talks proudly about his family, and shares memories of his friends and students at Suffolk.https://dc.suffolk.edu/soh/1038/thumbnail.jp