Private Law Research Articles

Ethical Aspects of Content Creation

In the digital age, technology is integral to daily life, significantly impacting areas such as art, entertainment, healthcare and education. This paper explores the ethical aspects of digital content creation, focusing on the responsibilities of creators in shaping public opinion and behaviour. Key issues addressed include misinformation, digital harassment, privacy breaches, and the commercialisation of personal experiences. By reviewing existing literature and emphasising the importance of ethical digital practices, this study aims to contribute to a more responsible and ethical digital landscape. The main research question investigates whether ethical principles should guide digital content creation and dissemination.

Intimate harms and menstrual cycle tracking apps

Menstrual cycle tracking applications (‘apps’) are smartphone or tablet apps that allow users to log data pertaining to their period. Using a lens of privacy focussed on intimacy, it will be argued that the control-based harms and intimate harms emerging from these apps require moving from an information privacy law model based on control to one that acknowledges the deeper connection between intimacy and privacy. We examine the privacy policies of 20 menstrual cycle tracking apps to investigate how the control-based protections of the Privacy Act apply. Our findings demonstrate that there are many deficiencies in app privacy policies which give rise to critical questioning about the application of the Australian Privacy Act’s control approach. We argue that the current gender-agnostic approach of information privacy law's control approach does not adequately protect app users and their intimate information. Intimate harms rethink the application of information privacy law by extending its reach beyond the traditional control harms contemplated by the Act and examine how menstrual cycle tracking apps disrupt users’ intimate spheres and relationships. To adequately protect app users from these deeper intimate harms, we contend that information privacy law moves beyond the procedural-based control approach to an information privacy model that is relational, context-dependant and acknowledges the connection between intimacy and privacy.

Empowering IoT Developers with Privacy-Preserving End-User Development Tools

Internet of Things applications (IoT) have the potential to derive sensitive user data, necessitating adherence to privacy and data protection laws. However, developers often struggle with privacy issues, resulting in personal data misuse. Despite the proposed Privacy by Design (PbD) approach, criticism arises due to its ambiguity and lack of practical tools for educating software engineers. We introduce Canella, an integrated IoT development ecosystem with privacy-preserving components leveraging End-User Development (EUD) tools Blockly@rduino and Node-RED, to help developers build end-to-end IoT applications that prioritize privacy and comply with regulations. It helps developers integrate privacy during the development process and rapid prototyping phases, offering real-time feedback on privacy concerns. We start by conducting a focus group study to explore the applicability of designing and implementing PbD schemes within different development environments. Based on this, we implemented a proof-of-concept prototype of Canella and evaluated it in controlled lab studies with 18 software developers. The findings reveal that developers using Canella created more privacy-preserving applications, gained a deeper understanding of personal data management, and achieved better privacy compliance. Our results also highlight Canella's role in educating and promoting privacy awareness, enhancing productivity, streamlining privacy implementation, and significantly reducing cognitive load. Overall, developers found Canella and its privacy-preserving components useful, easy to use, and easy to learn, which could potentially improve IoT application privacy. Watch the demo video.

НАУЧНАЯ ШКОЛА «ЧАСТНОПРАВОВОЕ ОБЕСПЕЧЕНИЕ ОТНОШЕНИЙ В УГОЛОВНО-ИСПОЛНИТЕЛЬНОЙ СИСТЕМЕ»: ИСТОРИЯ СТАНОВЛЕНИЯ И ПЕРСПЕКТИВЫ РАЗВИТИЯ

The article analyzes the history of the formation and development of the scientific school of private law support for the activities of the penal system. The historical background of its origin is revealed, the main activities of the scientific school and its scientific results, their practical use are characterized. The author defines the prospects for the research of the scientific school, including in the field of cooperation with domestic and foreign organizations.

The reality of an economic transaction in tax law: problems of proof

The article is devoted to the problems of proving the reality of an economic transaction in tax legal relations. The concept of the reality of an economic transaction is absent in the Tax Code of Ukraine. However, in practice, this concept is widely used by controlling authorities during tax audits. In the way of recognizing the economic transaction as unrealistic, the controlling authorities create the prerequisites for adding to the taxpayer the amounts of liabilities that, from the point of view of the controlling authorities, were understated by the taxpayer. A significant part of cases on appeals of tax notices-decisions concerns the results of tax audits in which the transaction was recognized as unreal, so in appeal cases the question arises of proving (and vice versa, refuting) the reality of economic transactions. The available array of information on this issue needs to be organized, researched, compared and recommendations formed, in order to achieve a greater degree of legal certainty. The reality of an economic transaction is a necessary requirement for displaying the results of the transaction in the taxpayer’s tax records. The criteria of reality have been developed by judicial practice, but they need to be detailed and clarified in order to achieve legal certainty. It is the controlling body that must prove the unreality of the business transaction, however, if it provides such evidence, the tax payer has the duty to refute them. The article determines the distribution of the burden of proving the reality of economic transactions, determines the place of private law and criminal law prejudice in proving the reality or unreality of transactions. The significance of the presumption of legality of the transaction for tax legal relations is clarified, the importance of primary documents in the process of proof in such disputes is investigated, it is determined the line between the principle of individual responsibility of the payer and the doctrine of “due diligence”, recommendations are provided for supervisory authorities and taxpayers regarding proof in this category of disputes.

When HIPAA hurts: legal barriers to texting may reinforce healthcare disparities and disenfranchise vulnerable patients.

Effective health communication between healthcare providers and patients is a cornerstone of quality healthcare. It underpins trust, comprehension, and patient-informed care. Robust research shows that effective communication, including the use of text messaging for communication can improve maternal/fetal and neonatal outcomes and patient satisfaction, particularly among vulnerable patients. Health information privacy laws that do not evolve with technological advances can inadvertently create barriers to effective health communication, reinforcing perinatal disparities. This is particularly true regarding maternal and child health, where the use of text messaging for patient communication has the potential to make a substantial impact on health disparities. This article explores the complex interplay between health information privacy laws and text messaging, highlighting challenges and examining potential solutions. It stresses the need for consistent health information privacy laws that protect the privacy security of health information for pregnant patients and new mothers, while also aligning with evolving communication technologies.

CESA: Communication efficient secure aggregation scheme via sparse graph in federated learning

As a distributed learning paradigm, federated learning can be effectively applied to the decentralized system since it can resolve the “data island” problem. However, it is also vulnerable to serious privacy breaches. Although existing secure aggregation technique can address privacy concerns, they also incur significant additional computation and communication costs. To address these challenges, this paper offers a Communication Efficient Secure Aggregation scheme. Firstly, the central server uses the communication delay between terminals as the weight of the fully terminal-connected graph to transform it into a sparse connected graph based on the minimal spanning tree. Secondly, instead of relying on central server for key advertisement, the terminals advertise keys via a neighboring terminal forwarding approach based on sparsely graph. Thirdly, we propose using the central server for auxiliary advertising to address unexpected terminal dropout. Simultaneously, we theoretically demonstrate our scheme’s security and have lower computation and communication costs. Experiments show that CESA can reduce the running time by 28.2% without sacrificing security and model accuracy compared to conventional secure aggregation when there are 10 terminals in the system.

The Readiness for Privacy Compliance in Indonesia Before October 2024

Privacy law in Indonesia is stipulated in Law No. 27 of 2022 will be fully effective on 17th October 2024. The duration of 2 years adjustment will be ended and many institutions and companies are preparing for compliance. The PDP Law was prepared to empower data privacy by applying to all companies that process the personal data of Indonesian citizens. This law refers to European privacy law: GDPR. Currently, the Indonesian government is preparing a Government Regulation as a derivative regulation of the PDP Law. In this article, the author will explain the most important parts and topics regarding this regulation as well as an assessment of its actual results and impact. Many government institutions are not ready to comply with this PDP Law. On the other hand, the financial industries, like banking as well as e-commerce, are already preparing a good privacy governance in facing fully applied PDP Law before October 2024.

Physical Reservoir Computing Using van der Waals Ferroelectrics for Acoustic Keyword Spotting.

Acoustic keyword spotting (KWS) plays a pivotal role in the voice-activated systems of artificial intelligence (AI), allowing for hands-free interactions between humans and smart devices through information retrieval of the voice commands. The cloud computing technology integrated with the artificial neural networks has been employed to execute the KWS tasks, which however suffers from propagation delay and the risk of privacy breach. Here, we report a single-node reservoir computing (RC) system based on the CuInP2S6 (CIPS)/graphene heterostructure planar device for implementing the KWS task with low computation cost. Through deliberately tuning the Schottky barrier height at the ferroelectric CIPS interfaces for the thermionic injection and transport of the electrons, the typical nonlinear current response and fading memory characteristics are achieved in the device. Additionally, the device exhibits diverse synaptic plasticity with an excellent separation capability of the temporal information. We construct a RC system through employing the ferroelectric device as the physical node to spot the acoustic keywords, i.e., the natural numbers from 1 to 9 based on simulation, in which the system demonstrates outstanding performance with high accuracy rate (>94.6%) and recall rate (>92.0%). Our work promises physical RC in single-node configuration as a prospective computing platform to process the acoustic keywords, promoting its applications in the artificial auditory system at the edge.

The Unidroit Principles on International Commercial Contracts and sustainable development

Abstract A number of motivations currently drive multinational corporations to the inclusion, monitoring, and enforcement of contract requirements for sustainability. These can be either as a result of investor demand for environment, social, and governance policies; regulatory requirements for inclusion of such contract stipulations; or the increasing litigation for conduct leading to environmental harm, but they can also be a result of reputational risk linked to the failure of adoption of such policies. This article examines the role of contract law in enforcing such requirements, which have traditionally been viewed with suspicion due to their unilateral nature. The article poses the features of the International Institute for the Unification of Private Law’s Principles on International Commercial Contracts as a beneficial regime to further the goals of sustainability through the use of contextual interpretation enabled through the good faith principle, the recognition of the importance of trade usages, and the limitations placed on party autonomy. The article posits that a major shift in the ideological orientation of contract law through the imposition of limitations on the pacta sunt servanda principle in order to protect the public interest is not warranted. Rather, tools such as contractual interpretation and the establishment of contractual standards of sustainability are better placed to ensure enforcement and compliance with the widely established practice of inclusion of sustainability standards and codes of conduct.

Local perturbation of critical subgraph based social network structural privacy protection

In social networks, the direct exposure of structural data containing numerous authentic relationships significantly risks user privacy leakage. Thus, safeguarding the privacy of such data has emerged as a pressing concern. Existing methodologies commonly employ global perturbation, randomly altering the network structure and resulting in diminished data availability upon publication. Notably, these methods often overlook the privacy implications associated with critical nodes and diverse structural features within subgraphs, thereby exacerbating the risk of privacy breaches. In response to these challenges, we present a novel privacy protection approach, termed CGLP, tailored for social network structures and centered on the concept of local perturbation of critical subgraphs. Specifically, CGLP meticulously identifies critical nodes, factoring in local structural complexity and positional features, and subsequently identifies subcritical nodes exhibiting structural similarity through graph embedding and clustering. The method further constructs critical node subgraph and core critical node subgraphs. Crucially, diverse local perturbation methods are strategically designed for subgraphs with varying structural features, mitigating the potential issues of under-protection and over-protection. Evaluation results on real datasets demonstrate that CGLP effectively balances the availability and privacy of the published network structure, concurrently addressing the privacy concerns associated with critical nodes.

Hague choice of court convention: current state of affairs and application issues

The article provides a scientific and practical analysis of international legal aspects relating to the issue of determining the exclusive jurisdiction of a dispute by means of a choice of court agreement, which is quite relevant, since the ratification of the relevant Convention, which was signed in 2014, took place during the martial law regime, which complicates the process of implementing the provisions of the Convention in the Ukrainian legal system. The author analyses the current Ukrainian legislation in the area of determining the jurisdiction of private law relations with a foreign element, in particular, proceedings in cases related to the jurisdiction determination procedure, and international documents in the area of choice of court agreements, such as the Laws of Ukraine «On International Private Law», «On Amendments to Certain Legislative Acts of Ukraine in connection with the Ratification of the Convention on Choice of Court Agreements», the Hague Convention on Choice of Court Agreements and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The author identifies certain problems of enforcement of the choice of court agreement in the judicial system of Ukraine and issues of procedural protection of the parties to the agreement. It is noted that currently there is no definition of an exclusive choice of court agreement in national legislation and there are problems in the enforcement of a Ukrainian court decision by other states where no agreement on legal assistance has been concluded. The difficulty of applying the Convention on Choice of Court Agreements in comparison with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been proven, which may lead to differences in the practice of use among the countries that are parties to the Convention. The author identifies the need to expand Article 4-1 of the Law of Ukraine «On Private International Law» and improve the implementation of disputes involving an exclusive choice of court agreement. The author emphasises the need to resolve problematic issues, as this will positively affect the international legal image of the state and prepare further legislative changes for more effective synthesis of the legal systems of Ukraine and the EU member states.

State participation in investment agreements (international investment activity): issues of immunity and jurisdiction

It is indicated that international private-law relations nowadays are expanding significantly primarily in connection with the internationalization of economic life. The modern world is characterized by the economic interdependence of states, the expansion of not only traditional forms of foreign economic relations, but also relatively new forms such as leasing operations, concessions, franchising, and others. The article examines the current trends in the development of state immunity in international private law relations, in particular, in investment relations. The author defines the scope of these relations and gives their general characteristics, as well as identifies the peculiarities of the State’s participation in these relations as a subject of private international law. The author examines the content, types of international investment relations, development trends and peculiarities of legal regulation. The author pays special attention to the jurisdictional issues of investment dispute resolution involving states. The author analyzes legal acts and shows the role of judicial practice in this area. The author substantiates the need to apply functional (limited) immunity in international private law relations. Expansion of the range of international private legal relations over time due to the development of foreign economic activity, integration processes, and interdependence of States in the second half of the twentieth century contributed to the expansion of State participation in civil (private) relations, which objectively led to the establishment of the concept of functional (limited) immunity in the legislative, judicial and contractual practice of different countries. The concept of limited immunity is becoming increasingly popular in the world, which is explained by the development of economic relations between different countries and the increasing involvement of states in commercial activities, which on their own behalf enter into various foreign trade agreements, obtain loans from foreign banks, use maritime transport for commercial purposes, i.e. by their actions they seem to put themselves in the position of a merchant, trader, private person, which then allows the courts to consider them as ordinary participants in the process. The current policy vector of most continental law states on immunity issues is shifting towards the use of limited immunity of states.

Negative obligations under Roman private law

The article provides a critical review of the sources of Roman law regarding negative obligations. The author indicates that in the classical definition of the content of the obligation of the Roman jurist Paul (D. 44.7.3 pr., Paulus 2 inst.) the concept of «abstaining from actions» is absent, but the same Paul indicates that the concept of «doing» (facere ) includes also «to abstain» (abstinere) (D. 50.16.189, Paulus 34 ad ed). Therefore, it can be stated that obligations with a negative content were recognized in classical Roman law. However, the author emphasized that negative obligations in Roman law, as a rule, did not have an independent meaning, but appeared in additional conditions to the main contractual obligation and were not typical. As typical obligations, the article analyzes the agreement on non-alienation (pactum de non alienando), the agreement on not filing a lawsuit (pactum de non petendo) and the agreement on not providing a guarantee for eviction (pactum de non praestanda evictione). In Roman law, the non-alienation agreement mostly accompanied sales or pledge relations. Moreover, the violation of the non-alienation agreement did not result in the invalidity of the sale. The sale of the subject of pledge carried out under prohibition resulted only in the liability of the party who committed such a violation. In modern law, the agreement on non-alienation of the subject of the pledge has been transformed into a legal prohibition of the alienation of the pledged property without the consent of the pledgee. A non-suit agreement was an informal agreement under which the creditor undertook not to file a claim against the debtor at all or for a certain period of time in the event of his non-fulfillment of the obligation. Violation of this agreement had only a procedural effect: the defendant could raise a procedural objection (exceptio) that an agreement not to file a lawsuit had taken place. The agreement on not providing a guarantee for eviction reduced the responsibility of the debtor- seller for seizing of the thing from the buyer on the grounds that had existed before its sale. According to the claim from the purchase, in case of eviction of the thing from the buyer, the seller had to be liable in the amount of damages. In case of concluding an agreement not to provide a guarantee for eviction, the seller was liable only in the amount of the purchase price of the item.

Problems of legal regulation of requisitioned property of business entities

Problems of legal regulation of requisitioned property of business entities. The article focuses on the problematic aspects of the practical side of property requisition from business entities. The authors define the legal grounds for the procedure of alienation of selected objects. According to the current legislation, the author outlines the rights of the owner and possible alternatives for obtaining compensation in monetary equivalent, property in exchange for similar functional purposes or return of the alienated property. The list of entities of state authorities and local self-government bodies which are authorized to make decisions on the alienation of property for defense needs is specified. The authors analyse the moment when requisitioned property becomes the property of the State and consider the expediency of real estate appraisal of alienated property in terms of mandatory, timely and objective assessment in proportion to the real market value. Based on the research conducted, in particular, the analysis of court practice, authors provide the grounds for owners of requisitioned property to apply to courts to protect their violated rights and legal interests. Among them: making a decision on requisitioning by an entity that did not have legal grounds for it, in particular, this applies to local military administrations. It is noted that at the stage of applying to court, the problem of determining the jurisdiction of the dispute arises, since there is both an element of a public law dispute (appeal against actions or inaction of public authorities) and a private law aspect (the dispute concerns property owned by a business entity). Authors focus on the fact that in the context of the introduction of the legal status of martial law, it is imperatively determined that only the military command is authorized to make decisions on the requisition of certain property. Specific features of making relevant decisions (orders, instructions), which certainly depends on the territory where such property is located are considered. The research analyzes the legal positions of the Supreme Court regarding the jurisdiction of these disputes and proposes to define the relevant rules at the legislative level, inter alia, by the legal status of the owner of the requisitioned property.

Exploring professional perspectives on integrating generative artificial intelligence into corporate learning and development: an organizational change perspective

Purpose The primary aim of this study is to investigate the integration of generative artificial intelligence, specifically ChatGPT, into workplace L&D practices, exploring the associated advantages and challenges such integration from an organizational change perspective. Design/methodology/approach This study uses a qualitative approach, conducting semi-structured interviews with twelve learning and development (L&D) experts. Findings This study indicates that ChatGPT can positively impact L&D by streamlining processes and potentially enhancing employee performance, engagement and satisfaction. However, to mitigate employee resistance, organizations must clearly communicate the necessity and rationale behind the change, involve employees in the implementation process and address trust issues. Key challenges such as overreliance on ChatGPT, AI skill shortages and technology issues like privacy breaches and misinformation must be managed through strong governance frameworks, including policies, guidelines and regular audits. Research limitations/implications The study’s scope is confined to semi-structured interviews with L&D experts, potentially limiting its generalizability. Further research could explore the long-term effects and broader implications of ChatGPT integration in different organizational contexts. Practical implications By framing GenAI integration within the context of organizational change, this study offers insights into managing the transition effectively by providing guidance for managers on effectively integrating ChatGPT into L&D practices, emphasizing the importance of mitigating potential negative consequences while maximizing benefits. Social implications Integrating ChatGPT into organizational L&D has the potential to reshape how employees acquire new skills and knowledge, potentially influencing organizational culture and dynamics. However, careful consideration is required to ensure that the integration process aligns with ethical and social norms, minimizing adverse impacts. Originality/value This research contributes foundational insights into the integration of ChatGPT in corporate L&D by researching and understanding the opinions of corporate professionals. It serves as a starting point for organizations to identify challenges in adopting GenAI.

The Impact of Data Privacy Laws on Digital Marketing Practices

Purpose: The general study focused on investigating the impact of data privacy laws on digital marketing practices. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the impact of data privacy laws on digital marketing practices. Preliminary empirical review revealed that privacy laws such as GDPR, CCPA, APPI, and LGPD significantly transformed digital marketing practices, necessitating a shift towards more ethical and transparent data handling. These regulations increased compliance costs and administrative burdens but also improved data security and consumer trust. Companies that proactively adapted to these regulations by investing in robust data protection measures experienced enhanced consumer engagement and brand loyalty. The study highlighted the critical role of privacy-enhancing technologies in facilitating compliance and maintaining effective marketing strategies. Overall, the impact of data privacy laws was profound, requiring ongoing adaptation and innovation in digital marketing practices to balance regulatory compliance with consumer trust. Unique Contribution to Theory, Practice and Policy: The Theory of Planned Behaviour (TPB), Institutional Theory and Technology Acceptance Model (ATM) may be used to anchor future studies on data privacy laws. The study recommended several strategies for advancing the understanding and implementation of data privacy laws in digital marketing. It suggested that future research should explore the relationship between data privacy regulations and consumer behavior to develop effective marketing strategies. Businesses were advised to adopt proactive compliance measures, invest in data protection technologies, and educate consumers about their privacy rights. Policymakers were encouraged to develop balanced regulations through stakeholder collaboration and to harmonize international data privacy standards. The study also emphasized the importance of promoting privacy-enhancing technologies through public-private partnerships and government incentives to safeguard consumer data while supporting marketing innovation.

Unpacking the role of AI ethics online education for science and engineering students

BackgroundAs artificial intelligence (AI) technology rapidly advances, it becomes imperative to equip students with tools to navigate through the many intricate ethical considerations surrounding its development and use. Despite growing recognition of this necessity, the integration of AI ethics into higher education curricula remains limited. This paucity highlights an urgent need for comprehensive ethics education initiatives in AI, particularly for science and engineering students who are at the forefront of these innovations. Hence, this research investigates the role of an online explicit-reflective learning module in fostering science and engineering graduate students' ethical knowledge, awareness, and problem-solving skills. The study’s participants included 90 graduate students specializing in diverse science and engineering research tracks. Employing the embedded mixed-methods approach, data were collected from pre- and post-intervention questionnaires with closed-ended and open-ended questions.ResultsThe study's results indicate that the online explicit-reflective learning module significantly enhanced students' knowledge of AI ethics. Initially, students exhibited a medium–high level of perceived ethical awareness, which saw a modest but statistically significant enhancement following the participation. Notably, a more distinct increase was observed in students' actual awareness of ethical issues in AI, before and after the intervention. Content analysis of students’ responses to the open-ended questions revealed an increase in their ability to identify and articulate concerns relating to privacy breaches, the utilization of flawed datasets, and issues of biased social representation. Moreover, while students initially displayed limited problem-solving abilities in AI ethics, a considerable enhancement in these competencies was evident post-intervention.ConclusionsThe study results highlight the important role of explicit-reflective learning in preparing future professionals in science and engineering with the skills necessary for ethical decision-making. The study highlights the need for placing more emphasis not only on students’ ability to identify AI-related ethical issues but also on their capacity to resolve and perhaps mitigate the impact of such ethical dilemmas.

Understanding user engagement in mobile health applications from a privacy management perspective.

Mobile health applications (mHealth apps) have surged in popularity for their role in promoting knowledge exchange and providing emotional support among health consumers. However, this enhanced social connectivity via these apps has led to an escalation in privacy breaches, potentially hindering user engagement. Drawing upon the communication privacy management theory, this study proposes a moderated mediation model to link social privacy concerns to user engagement in mHealth apps. An online survey involving 1149 mHealth app users was conducted in China to empirically validate the proposed model. Results indicated that social privacy concerns were negatively related to user engagement in mHealth apps, and perceived privacy of the app partially mediated this relationship. Moreover, perceived control positively moderated the indirect relationship between social privacy concerns and user engagement via perceived privacy. Specifically, the negative impact of social privacy concerns on perceived privacy was mitigated for users who reported higher levels of perceived control, indicating that when users feel more in control of their personal data, they are less affected by concerns over social privacy. Theoretically, this study has the potential to help scholars understand user engagement in mHealth apps from a privacy management perspective. Practically, the results of this study could assist mobile app providers and health professionals in devising evidence-based strategies to enhance social engagement and promote effective and sustainable use of mHealth apps among health consumers.

False Start on NIL: Public and Private Law Should Treat College Athletes Like Any Other Student

For most of its regulatory existence, the National Collegiate Athletic Association (“NCAA”) has preached the importance of integrating intercollegiate athletics into the campus culture and educational mission, insisting that athletes be an integral part of the student body. A core element of this creed was the amateurism principle—college athletes must not be paid or professionalized. To preserve and enforce the amateurism principle, the NCAA and its divisions promulgated a vast and complex regulatory scheme that paradoxically resulted in segregating, rather than integrating, athletes into campus life. While nonathlete students enjoy increasing autonomy to pursue expressive and economic activity, athletes are subject to paternalistic rules that restrain their lives on and off campus and deny them a share in the wealth generated by their athletic talents. In a watershed moment in the summer of 2021, this began to change. In June 2021, the Supreme Court in National Collegiate Athletic Association v. Alston affirmed that the NCAA had violated antitrust laws by capping the benefits that member institutions could offer to athletes when competing to recruit them to college teams. July 2021 brought the effective date of the first of many state laws preventing the NCAA from penalizing college athletes who monetize their name, image and likeness (“NIL”). In response, the NCAA amended its amateurism bylaws to permit all college athletes, regardless of where they attend school, to engage in NIL commercial activity consistent with state law and NCAA guidelines. What followed was a cycle of NCAA rulemaking to preserve the amateurism principle alternating with state legislative rejoinders to preserve in-state athletic programs’ recruiting advantage. The resulting morass of private and public NIL rules customized to the college athlete led to calls to federalize those regimes. Proposals for federal legislation would establish national standards and a centralized regulatory authority for college athlete NIL exploitation. No such bills have gained traction in Congress. This Article argues that both public and private law regimes singling out college athletes for customized regulation have it wrong. Instead, states, schools, and athletes would benefit from discarding specialized rules and reverting to laws of general application—in other words, let’s treat college athletes like any other student on campus. At least with respect to NIL, do away with the bifurcation of higher education into athletic and nonathletic fiefdoms and rent-seeking special treatment of the university’s relationship with athletes. Adopt a principle of nondiscrimination that deals with all college students the same way when they seek to benefit from and monetize their identities and publicity rights.