Digital Commons Network^™

Weisner V. Google Llc: An Effort To Provide Clarity Regarding Patent Subject Matter Eligibility, Poirot, Nicole

Santa Clara High Technology Law Journal

The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a precedential two-to-one decision regarding patent subject matter eligibility under section 101 of the Patent Act.1 In Weisner v. Google LLC, the Federal Circuit held that U.S. Patent Nos. 10,380,202 and 10,642,910 are directed to abstract ideas of creating digital travel logs which are patent ineligible.2 Additionally, the Court held that U.S. Patent Nos. 10,394,905 and 10,642,911 are directed to both creating and using travel logs to improve computerized search results and are potentially patenteligible.3 The majority’s decision is an attempt to clarify the historically gray …

Data Insecurity Law, Stein, David

Santa Clara High Technology Law Journal

By broad consensus, data security laws have failed to stem a rising tide of data breaches. Lawmakers and commentators blame these failures on some combination of underenforcement and the laws failure to recognize the full range of data breach harms. Proposed solutions would augment or expand existing data security laws.

These proposed solutions share a fatal flaw: they are rooted in traditional theories of deterrence by punishment. Data security laws come in three forms: duties to protect data, duties to notify consumers after a breach, and post-breach remedies. Almost every data security law is enforced through sanctions, most of which …

A Regulatory Back Door: General Prohibition Ten And America’S National Security, Ramachandran, Vilas

Santa Clara Journal of International Law

American leadership in innovation requires, among other things, an export control regime that adapts to the realities of trade in the twenty-first century. The United States understands that the importance of American leadership in innovation reaches far beyond a theoretical debate about American hegemony; it has implications for the national security of the United States. However, Section 736.2(b)(10) of the Export Administration Regulations, known as General Prohibition Ten, creates vulnerabilities that jeopardize the national security of the United States while also adding unnecessary costs to American exporters. General Prohibition Ten makes it impossible for an American exporter to take control …

Blockchain & Ccpa, Alza Jr., Gustavo

Santa Clara High Technology Law Journal

BLOCKCHAIN & CCPA

The Curious Crypto Question: Do Patents Advance Fintech Innovation? The Paradox Arising From Five Key Recent Trends, Katopis, Chris J.

Santa Clara High Technology Law Journal

The Author examines some recent trends in intellectual property (U.S. patents) in the fintech sector, summarizes this empirical data, and discusses the potential implications of these developments.

Should Personal Information And Biometric Data Be Protected Under A Comprehensive Federal Privacy Statute That Uses The California Consumer Privacy Act And The Illinois Biometric Information Privacy Act As Model Laws?, Buresh, Donald L.

Santa Clara High Technology Law Journal

The issue addressed in this paper was that only a minority of states have passed privacy and biometric privacy rights laws. The collection, storage, use, and dissemination of personal information and biometric data is becoming paramount due to the public’s ever-increasing desire for security. The purpose of this study was to understand and evaluate the privacy and property issues that states confront that are inherent within the use and results of employing personal information and biometric data to enhance corporate security in their efforts to protect individual privacy. This research addressed the following questions: (1) What are the biometric privacy …

When Laws Govern Laws: A Review Of The 2018 Discussions Of The Group Of Governmental Experts On The Implementation And Regulation Of Lethal Autonomous Weapons Systems, Mitchell, Caitlin

Santa Clara High Technology Law Journal

WHEN LAWS GOVERN LAWS: A REVIEW OF THE 2018 DISCUSSIONS OF THE GROUP OF GOVERNMENTAL EXPERTS ON THE IMPLEMENTATION AND REGULATION OF LETHAL AUTONOMOUS WEAPONS SYSTEMS

Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Duan, Charles

Santa Clara High Technology Law Journal

OF MONOPOLIES AND MONOCULTURES: THE INTERSECTION OF PATENTS AND NATIONAL SECURITY

The Self Drive Act: An Opportunity To Re- Legislate A Minimum Cybersecurity Federal Framework For Autonomous Vehicles, Green, Alexandra

Santa Clara Law Review

THE SELF DRIVE ACT: AN OPPORTUNITY TO RE- LEGISLATE A MINIMUM CYBERSECURITY FEDERAL FRAMEWORK FOR AUTONOMOUS VEHICLES

Cyberdamages, Black, Stephen T.

Santa Clara High Technology Law Journal

CYBERDAMAGES

The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan

Santa Clara High Technology Law Journal

THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN HARD AND SOFT COUNTERTERRORISM EFFORTS ON SOCIAL MEDIA

Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali

Santa Clara Journal of International Law

Coming to a Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’s Impact on Proportionality

The Criminalization Of Cyberbullying Among Children And Youth, Liat Franco, Khalid Ghanayim

Santa Clara Journal of International Law

The Criminalization of Cyberbullying Among Children and Youth

Training Lawyers For Leadership: Vitally Important Mission For The Future Success (And Maybe Survival) Of The Legal Profession And Our Democracy, Leah Witcher Jackson Teague

Santa Clara Law Review

TRAINING LAWYERS FOR LEADERSHIP: VITALLY IMPORTANT MISSION FOR THE FUTURE SUCCESS (AND MAYBE SURVIVAL) OF THE LEGAL PROFESSION AND OUR DEMOCRACY

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones

China's New Cybersecurity Law And U.S-China Cybersecurity Issues, Liudmyla Balke

Santa Clara Law Review

China's New Cybersecurity Law and U.S-China Cybersecurity Issues

The Use Of Force Against Perpetrators Of International Terrorism, Dr. Waseem Ahmad Qureshi

Santa Clara Journal of International Law

The Use of Force Against Perpetrators of International Terrorism

#Privatesphere: Can Privacy Laws Adequately Protect Employees Amidst The Complexities Of The Modern Employment Relationship?, Emily J. Tewes

Santa Clara Law Review

#Privatesphere: Can Privacy Laws Adequately Protect Employees Amidst the Complexities of the Modern Employment Relationship?

The Digital Underworld: Combating Crime On The Dark Web In The Modern Era, Sophia Dastagir Vogt

Santa Clara Journal of International Law

The Digital Underworld: Combating Crime on the Dark Web in the Modern Era

Managing Cyberthreat, Lawrence J. Trautman

Santa Clara High Technology Law Journal

Managing Cyberthreat

From Craigslist To Backpage.Com: Conspiracy As A Strategy To Prosecute Third-Party Websites For Sex Trafficking, Monica J. Delateur

Santa Clara Law Review

No abstract provided.

Justice For J-Law?, William Schildknecht

Santa Clara Law Review

No abstract provided.

Limited Consumer Privacy Protections Against The Layers Of Big Data, Andrew W. Bagley, Justin S. Brown

Santa Clara High Technology Law Journal

Consumers give away their data voluntarily and involuntary through their everyday online interactions. Many of these interactions are governed by “click-wrap” agreements in which consumers agree to data use terms with their Internet service provider (ISP), content provider, or an entire computing ecosystem through various layers of the Internet. This phenomenon effectively means that consumers lose control of their data to an endless web of third party big-data brokers unaccountable to the user. All the while, the increasingly dynamic and valuable nature of datasets makes it difficult to predict how data collected today will be used in the future. To …

Who Is The Witness To An Internet Crime: The Confrontation Clause, Digital Forensics, And Child Pornography, Merritt Baer

Santa Clara High Technology Law Journal

The Sixth Amendment’s Confrontation Clause guarantees the accused the right to confront witnesses against him. In this article I examine child pornography prosecution, in which we must apply this constitutional standard to digital forensic evidence. I ask, “Who is the witness to an Internet crime?”

The Confrontation Clause proscribes the admission of hearsay. In Ohio v. Roberts, the Supreme Court stated that the primary concern was reliability and that hearsay might be admissible if the reliability concerns were assuaged. Twenty-four years later, in Crawford v. Washington, the Supreme Court repositioned the Confrontation Clause of the Sixth Amendment as a procedural …

Here, There And Everywhere: Mobility Data In The Eu (Help Needed: Where Is Privacy?), Raffaele Zallone

Santa Clara High Technology Law Journal

European law on data privacy has not clearly developed the concept of mobility data. The evolution of technology has forced the EU to cope with this reality, but so far its legislation lacks a specific focus on this aspect of technology.

A body composed of representatives from the various data protection authorities, the so-called article 29 Working Party (the name stems from section 29 of the European Data Privacy Directive, that calls for the formation and the task of this body) has coped with various aspects of mobile technology, but the documents and analysis it has produced are general and …

A Framework For Designing Co-Regulation Models Well-Adapted To Technology-Facilitated Sharing Economies, Bryant Cannon, Hanna Chung

Santa Clara High Technology Law Journal

Sharing economies, with their vast diversity of goods and services offered and rapidly evolving business models, have proven inconducive to traditional-regulatory approaches. Yet a complete laissez-faire approach or complete ban is not advisable. On the one hand, it is in the public interest to allow these new economies to continue to innovate, as they create value from unused assets, facilitate useful market transactions, and sometimes even lead to the creation of new goods and services to improve quality of life. On the other hand, some characteristics inherent in the design of sharing economies lead to negative externalities, disrupt city planning …

Civil Cyberconflict: Microsoft, Cybercrime, And Botnets, Janine S. Hiller

Santa Clara High Technology Law Journal

Cyber “warfare” and hackback by private companies is a hot discussion topic for its potential to fight cybercrime and promote cybersecurity. In the shadow of this provocative discussion, Microsoft has led a concerted, sustained fight against cybercriminals by using traditional legal theories and court actions to dismantle criminal networks known as botnets. This article brings focus to the role of the private sector in cybersecurity in light of the aggressive civil actions by Microsoft to address a thorny and seemingly intractable global problem. A botnet is a network of computers infected with unauthorized code that is controlled from a distance …

Long On Rhetoric, Short On Results: Agile Methods And Cyber Acquisitions In The Department Of Defense, Daniel E. Schoeni Usaf

Santa Clara High Technology Law Journal

Cyber warfare has arrived. The Department of Defense (DoD) is under attack, and our security is at stake. Yet in a field defined by its rapid growth, the DoD arms itself at the same pace that that it buys major weapons systems, an acquisition cycle of 7–10 years. It thus buys obsolete cyber-defense tools. The “arsenal of democracy” has already provided us the tools for overcoming this impediment in the form of agile software-development methods. Yet the DoD has been reluctant to set aside decades of experience and utilize different methods for software than it does for other acquisitions. But …

Sharing The Digital Sandbox: The Effects Of Ubiquitous Computing On Student Speech And Cyberbullying Jurisprudence, Rashmi Joshi

Santa Clara Law Review

No abstract provided.

Litigation Following A Cyber Attack: Possible Outcomes And Mitigation Strategies Utilizing The Safety Act, Brian E. Finch, Leslie H. Spiegel

Santa Clara High Technology Law Journal

Liability for a cyber attack is not limited to the attackers. An attack may be foreseeable in some circumstances, and the failure of the target or the other entities to take steps to prevent the attack can constitute a breach of duty to injured victims. In the absence of the protections provided by the Support Anti-Terrorism By Fostering Effective Technologies (SAFETY) Act, a cyber attack on a chemical facility could give rise to a number of common-law tort and contract claims against the target of the attack and other entities, potentially including the target’s cyber security vendors. This article discusses …