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Articles 1 - 30 of 48
Full-Text Articles in Computer Law
The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu
The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu
Duke Law & Technology Review
Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to …
Opting Out: Biometric Information Privacy And Standing, Michelle Jackson
Opting Out: Biometric Information Privacy And Standing, Michelle Jackson
Duke Law & Technology Review
No abstract provided.
Measuring Baseball’S Heartbeat: The Hidden Harms Of Wearable Technology To Professional Ballplayers, John A. Balletta
Measuring Baseball’S Heartbeat: The Hidden Harms Of Wearable Technology To Professional Ballplayers, John A. Balletta
Duke Law & Technology Review
No abstract provided.
A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba
A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba
Duke Law & Technology Review
No abstract provided.
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Duke Law & Technology Review
No abstract provided.
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
Duke Law & Technology Review
No abstract provided.
Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield
Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield
Duke Law & Technology Review
The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …
A Political Economy Of Utopia?, Yochai Benkler
A Political Economy Of Utopia?, Yochai Benkler
Duke Law & Technology Review
No abstract provided.
Barlow's Legacy, Cory Doctorow
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
Duke Law & Technology Review
No abstract provided.
Is The Internet Over?! (Again?), James Boyle
Is The Internet Over?! (Again?), James Boyle
Duke Law & Technology Review
No abstract provided.
Inventing The Future: Barlow And Beyond, Cindy Cohn
Inventing The Future: Barlow And Beyond, Cindy Cohn
Duke Law & Technology Review
No abstract provided.
Imaginary Bottles, Jessica Litman
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
Duke Law & Technology Review
No abstract provided.
Revisiting Barlow's Misplaced Optimism, Benjamin Edelman
Revisiting Barlow's Misplaced Optimism, Benjamin Edelman
Duke Law & Technology Review
No abstract provided.
Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen
Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen
Duke Law & Technology Review
No abstract provided.
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
Duke Law & Technology Review
No abstract provided.
John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain
John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain
Duke Law & Technology Review
No abstract provided.
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow
The Past And Future Of The Internet: A Symposium For John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Where To Prosecute Cybercrimes, Jacob T. Wall
Where To Prosecute Cybercrimes, Jacob T. Wall
Duke Law & Technology Review
Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper …
Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris
Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris
Duke Law & Technology Review
It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called “deepfakes,” use artificial intelligence software to impose a person’s face onto another person’s body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals—like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting these publications is …
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
Duke Law & Technology Review
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Duke Law & Technology Review
The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …
Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim
Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim
Duke Law & Technology Review
Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new …
Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer
Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer
Duke Law & Technology Review
The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership …
Hacking The Internet Of Things: Vulnerabilities, Dangers, And Legal Responses, Sara Sun Beale, Peter Berris
Hacking The Internet Of Things: Vulnerabilities, Dangers, And Legal Responses, Sara Sun Beale, Peter Berris
Duke Law & Technology Review
The Internet of Things (IoT) is here and growing rapidly as consumers eagerly adopt internet-enabled devices for their utility, features, and convenience. But this dramatic expansion also exacerbates two underlying dangers in the IoT. First, hackers in the IoT may attempt to gain control of internet-enabled devices, causing negative consequences in the physical world. Given that objects with internet connectivity range from household appliances and automobiles to major infrastructure components, this danger is potentially severe. Indeed, in the last few years, hackers have gained control of cars, trains, and dams, and some experts think that even commercial airplanes could be …