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Articles 1 - 3 of 3
Full-Text Articles in Science and Technology Law
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Articles, Book Chapters, & Popular Press
Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials — whether positive (i.e. product approvals) or negative (i.e. abandoned products, product refusals, and withdrawals) — are …
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …