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Full-Text Articles in Science and Technology Law

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert Mar 2017

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


Affording Fundamental Rights, Julie E. Cohen Mar 2017

Affording Fundamental Rights, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Mar 2017

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Christopher Slobogin

No abstract provided.


Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer Mar 2017

Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer

Cleveland State Law Review

Bioprospecting is a growing worldwide effort to protect knowledge and the environment. With its potential economic benefit and technological advancements, bioprospecting will continue to grow as the world advances. Other nations have begun to protect the information available and continue to develop legislation. However, the United States has been hesitant to ratify international treaties or implement its own legislation. This Note examines both domestic and international efforts to protect both indigenous people and the environment. It analyzes the legislation the United States currently has in place but also examines where the United States is lacking. Regarding the United States’ failure ...


It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean Mar 2017

It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean

Cleveland State Law Review

Digital giants, enabled by America’s courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.


Game Of Phones: The Fourth Amendment Implications Of Real-Time Cell Phone Tracking, Cal Cumpstone Mar 2017

Game Of Phones: The Fourth Amendment Implications Of Real-Time Cell Phone Tracking, Cal Cumpstone

Cleveland State Law Review

With the help of technological advancements, law enforcement can now hijack a targeted individual’s cell phone to ping and track the phone’s exact location in real time. Based upon previous rulings, this new tracking process has apparently fallen into a "grey area" of Fourth Amendment jurisprudence. However, real-time cell phone tracking should be a search in terms of the Fourth Amendment and, therefore, require a warrant. Real-time cell phone tracking infringes on an individual’s reasonable expectation of privacy, violates the trespass doctrine as a trespass to chattels, and violates the Kyllo standard by using technology not in ...


Privacy By Design: Taking Ctrl Of Big Data, Eric Everson Mar 2017

Privacy By Design: Taking Ctrl Of Big Data, Eric Everson

Cleveland State Law Review

The concept of Privacy by Design is rooted in systems engineering. Yet, it is the legal framework of global privacy that gives new color to this concept as applied to Big Data. Increasingly, the long arm of the law is reaching into Big Data, but it is not simply by matter of regulatory enforcement or civil legal developments that Privacy by Design (PbD) is being thrust into the spotlight once more.

Given that Big Data is considered miniscule in contrast to future data environments, PbD is simply the right thing to do. This paper aims to explore the origin of ...


Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak Mar 2017

Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak

Cleveland State Law Review

Social media platforms aggregate large amounts of personal information as "social data" that can be easily downloaded as a complete archive. Litigants in civil cases increasingly seek out broad access to social data during the discovery process, often with few limits on the scope of such discovery. But unfettered access to social data implicates unique privacy concerns—concerns that should help define the proper scope of discovery.

The Federal Rules of Civil Procedure, as amended in 2015, already contain the tools for crafting meaningful limits on intrusive social data discovery. In particular, the proportionality test under Rule 26 weighs the ...


Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr Feb 2017

Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr

Faculty Scholarship

Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while ...


Open-Source Licensing And Business Models: Making Money By Giving It Away, Andrew J. Hall Feb 2017

Open-Source Licensing And Business Models: Making Money By Giving It Away, Andrew J. Hall

Santa Clara High Technology Law Journal

Open-Source Licensing and Business Models: Making Money by Giving it Away


The New Foundations Of Open Source, Heather Meeker, Stephanie Petit Feb 2017

The New Foundations Of Open Source, Heather Meeker, Stephanie Petit

Santa Clara High Technology Law Journal

The New Foundations of Open Source


Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon Feb 2017

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.


Software As Text, John Shaeffer Feb 2017

Software As Text, John Shaeffer

Santa Clara High Technology Law Journal

Software as Text


Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse Feb 2017

Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse

Faculty Scholarship

This is a chapter in a volume, Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse ...


Pursuing Transparency Through Science Courts, Thomas G. Field Jr. Feb 2017

Pursuing Transparency Through Science Courts, Thomas G. Field Jr.

RISK: Health, Safety & Environment

[Excerpt] "The frequency and magnitude of risks and benefits are facts. The acceptability of risks associated with particular benefits is not. In the best of all worlds, normative choices based on facts would be made directly by persons at risk. We do not have the best of all worlds. As we move from consumer to occupational and environmental risks, political transparency increasingly must substitute for individual autonomy. When we cannot each have our way, we should be able to decide which facts are important, to have access to such facts and to be able to influence decisions based on them."


Data-Generating Patents, Brenda M. Simon, Ted Sichelman Feb 2017

Data-Generating Patents, Brenda M. Simon, Ted Sichelman

Northwestern University Law Review

Patents and trade secrets are often considered economic substitutes. Under this view, inventors can decide either to maintain an invention as a trade secret or to seek a patent and disclose to the public the details of the invention. However, a handful of scholars have recognized that because the patent disclosure requirements are not always rigorous, inventors may sometimes be able to keep certain aspects of an invention secret, yet still receive a patent to the invention as a whole. Here, we provide further insight into how trade secrets and patents may act as complements. Specifically, we introduce the concept ...


False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks Jan 2017

False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks

Pepperdine Law Review

By casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion—and ultimately a ban—on lethal autonomous weapons (LAWS). The real concern is the weapon systems’ ability to select and engage targets without human intervention. However, weapons systems that perform these functions have already been employed internationally since 1980 and The Campaign has been unable to specify which of the current systems its proposed ban should include. This article explains autonomy in general and as applied to weapons ...


Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao Jan 2017

Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao

Duke Law & Technology Review

The ability to alter the genes of future generations no longer belongs in the realm of science fiction. The genetic modification capabilities of modern science are advancing rapidly. Mitochondrial replacement therapy (MRT) represents the first crossing of the germline barrier in humans, and as of February 2015, it is the first procedure of its kind to be legalized in the Western world. How Congress decides to regulate MRT will influence future regulation of all genetic manipulation technologies. This brief argues that the current patchwork regulatory framework established in the United States is insufficient to deal with the complex issues MRT ...


Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak Jan 2017

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It ...


Can Jailbreaking Put You In Jail, Broke?, Trace H. Jackson Jan 2017

Can Jailbreaking Put You In Jail, Broke?, Trace H. Jackson

Florida Law Review

Most Americans own at least one “smart device.” These include smartphones and video game consoles. Device manufacturers limit an owner’s use of his smart device through both licensing agreements and technological measures. While the public largely ignores licensing agreements, the technological measures actively prevent an owner from using his device in whatever manner he sees fit, despite the fact that he owns the device. This prevention has led people to develop methods to circumvent these technological measures. These methods are device- dependent and include “jailbreaking” (iPhones), “modding” (video game consoles), and “rooting” (Androids).

This Note explores whether jailbreak developers ...


Antitrust And Information Technologies, Herbert Hovenkamp Jan 2017

Antitrust And Information Technologies, Herbert Hovenkamp

Florida Law Review

The relationship between antitrust policy and information was traditionally concerned with oral or written communications that had anticompetitive potential, mainly because they furthered collusion or market exclusion. Among the most difficult problems was interpreting the significance of communications that could be construed as either threats or offers to collude, or as facilitators of collusion. On the one hand, markets profit greatly from the free flow of information. On the other, particular uses of information threaten competition when they enable firms to coordinate price, output, or innovation.

Of course, explicit price fixing is a use of information but so are various ...


Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton Jan 2017

Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton

Catholic University Journal of Law and Technology

This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing ...


Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland Jan 2017

Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland

Catholic University Journal of Law and Technology

No abstract provided.


Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti Jan 2017

Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti

Catholic University Journal of Law and Technology

No abstract provided.


Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano Jan 2017

Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano

Catholic University Journal of Law and Technology

No abstract provided.


How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs Jan 2017

How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs

Catholic University Journal of Law and Technology

This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.


Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones Jan 2017

Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones

Catholic University Journal of Law and Technology

No abstract provided.


Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin Jan 2017

Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin

Catholic University Journal of Law and Technology

No abstract provided.


The Ambiguity Of Redesignation: What Is 'Applicable' Under The Clean Air Act?, Andrew Miller Jan 2017

The Ambiguity Of Redesignation: What Is 'Applicable' Under The Clean Air Act?, Andrew Miller

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents Jan 2017

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.