Ubiquitous Human Computing

From Cyberlaw: Difficult Issues Winter 2010
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The Difficult Issues

Present Day Doctrinal Problem Areas

  • American Business Law Journal: The Information Revolution and its Impact on the Employment Relationship: An Analysis of the Cyberspace Workplace
    • This is a fantastic survey paper Kata Mutiara Lucu on the many issues raised with employment law in combination with cyber-workers.
    • This article seems to assume that cyberworkers will still be working in the United States, but this seems like an unrealistic assumption
    • Written in 2003, around the time LiveOps launched (2000)
    • Citation: 40 AMBLJ 301
    • Section II of this article examines how working over the internet blurs/challenges current law about the employee/contractor distinction.
      • "Under the right-of- Update Avira control test, an employee is not an independent contractor if the employer has the ability to control the time, method, and manner of employment"
    • Section IV of this article free slots examines how cyber-working affects non-compete agreements and copyright considerations (such as works-for-hire)
      • "The Internet exacerbates this tension by raising previously unheard of issues in drafting and enforcing non-compete agreements."
      • Work-for-hire: How does UbiComp affect the work-for-hire test established by Creative Non-Violence v. Reid? ( 490 U.S. 730 (1989) )
    • Section V - Employment Regulation Cara Daftar Gemscool
      • A: The Burlington/Faragher sexual Biodata Derby Romero harassment standard is not clear when applied to cyber-workers
        • "The Ninth Circuit held that remoteness will not dilute an employee's obligation to report sexual harassment."
      • C: Family Medical Leave Act - depends on employee/independent contractor distinction
      • D: Workers Compensation
      • E: Fair Labor Standards Act
      • F: The National Labor Relations Act RCTI TV Streaming Online
      • G: The Occupational Safety & Health Act
    • Conclusions
      • For employee/contractor Dhera Idol distinction, "courts must use the existing and long-standing right-of-control test, but apply it with sensitivity to the unique characteristics of Internet-enabled workplaces."
      • As courts evolve toward the Zippo sliding scale, they must set some standard of how much contact remote employment creates between the employee's forum state and the employer.
      • Agencies need to adopt specific regulation to deal with cyberworkers
      • "When regulatory guidance is insufficient, the legislature must act"
        • Congress must clarify how unions can organize and communicate in cyberspace in order to protect labor and management rights.
  • Case study: Amazon's Mechanical Turk may violate employment/tax laws because the employee-employer relationship is between the requester and the worker [1]

Potential Difficult Problems in the Future

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