Toys That Listen: A Study Of Parents, Children, And Internet-Connected Toys, 2017 University of Washington School of Law
Toys That Listen: A Study Of Parents, Children, And Internet-Connected Toys, Emily Mcreynolds, Sarah Hubbard, Timothy Lau, Aditya Saraf, Maya Cakmak, Franziska Roesner
Tech Policy Lab
Hello Barbie, CogniToys Dino, and Amazon Echo are part of a new wave of connected toys and gadgets for the home that listen. Unlike the smartphone, these devices are always on, blending into the background until needed. We conducted interviews with parent-child pairs in which they interacted with Hello Barbie and CogniToys Dino, shedding light on children’s expectations of the toys’ “intelligence” and parents’ privacy concerns and expectations for parental controls. We find that children were often unaware that others might be able to hear what was said to the toy, and that some parents draw connections between the toys …
The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, 2017 Southern Methodist University, Dedman School of Law
The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, Chris Jenks
Faculty Journal Articles and Book Chapters
Unbeknownst to many, Lethal Autonomous Weapons (LAWS) have existed for decades, but they have largely been defensive and anti-material. However, as increasingly advanced defensive LAWS, such as complex swarming systems, become more prominent, states will assuredly develop ways to counter, including offensive LAWS. Certainly, the near-term developmental focus of such systems will be on operational environments in which there are relatively low risk of injury or death to civilians or untoward incidents in general, but it is a matter of when, not if, these systems will be widely used in direct combat situations. As such, LAWS are a frequent topic …
Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, 2017 Dalhousie University, Schulich School of Law
Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie
Articles, Book Chapters, & Popular Press
A recent and prominent American appeals court case has revived a controversial international law question: can a state compel a person on its territory to obtain and produce material which the person owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …
War In The Expanse: The Metaphysics Of Cyberspace, 2017 Schulich School of Law, Dalhousie University
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
Canadian Journal of Law and Technology
No abstract provided.
The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, 2017 Schulich School of Law, Dalhousie University
The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias
Canadian Journal of Law and Technology
The article considers the applicability of existing international rules on the use of force to cyber attacks and assesses their effectiveness. The author’s conclusion is that the current regime on the use of force fails to capture the particularities of cyber attacks and for this reason he makes some tentative proposals for enhancing security in this area.
Cyber Operations And The Humanization Of International Humanitarian Law: Problems And Prospects, 2017 Schulich School of Law, Dalhousie University
Cyber Operations And The Humanization Of International Humanitarian Law: Problems And Prospects, Giacomo Biggio
Canadian Journal of Law and Technology
The aim of International Humanitarian Law (‘‘IHL”) is to regulate the conduct of hostilities while, at the same time, balancing the two overarching concepts of military necessity and humanity. While the principle of military necessity allows a party to a conflict to exercise any amount of armed violence which is necessary for the accomplishment of a military purpose, the principle of humanity aims at minimizing the amount of physical violence caused to combatants and the civilian population. From the late 19th century onwards the principle of humanity has progressively eroded the domain of military necessity, influencing the creation and interpretation …
Do They Want To Regulate Online Profiling?, 2017 Schulich School of Law, Dalhousie University
Do They Want To Regulate Online Profiling?, Laura Garcia Vargas
Canadian Journal of Law and Technology
Online profiling or behavioural tracking is the process by which private companies track and gather data about users’ activities in online platforms. The data collected by all the companies is aggregated with the purpose of creating a comprehensive profile about users. Since at least 15 years ago, there have been several attempts to regulate online profiling in order to reduce its privacy implications. In general, these regulations have tried to limit the way the information is used, the type of data that is collected, and impose or suggest the security standards that the companies should take to protect it.
This …
The Dark Web: Some Thoughts For An Educated Debate, 2017 Schulich School of Law, Dalhousie University
The Dark Web: Some Thoughts For An Educated Debate, Vanessa Henri
Canadian Journal of Law and Technology
The ‘‘dark web” is a part of cyberspace that is only accessible through an anonymity software, such as The Onion Router. This encrypted network has prompted important legal challenges. As jurisprudence develops, many factors are at risk of inhibiting users’ right to privacy. Misunderstandings of the dark web’s functioning or myths regarding its veil of anonymity has justified invasive criminal investigations that has threatened users’ right to remain anonymous online. This article discusses these challenges while analyzing current legal developments in the United States and Canada.
Third-Party Services As Potential Sources For Law Enforcement Procurement Of Genomic Data, 2017 Schulich School of Law, Dalhousie University
Third-Party Services As Potential Sources For Law Enforcement Procurement Of Genomic Data, Katherine Kwong
Canadian Journal of Law and Technology
This paper examines two cases studies: Ancestry.com’s experience with law enforcement use of its genetic databases, and 23andMe’s responses to requests for users’ genomic data. Analyzing the responses to law enforcement requests by the two of the largest providers of third-party genomic services provides insight into the struggles third-party genomic services are likely to face and possible future directions for companies facing this type of law enforcement request.
Do Androids Dream Of Bad News?, 2017 Schulich School of Law, Dalhousie University
Do Androids Dream Of Bad News?, Heidi Liu
Canadian Journal of Law and Technology
Breaking bad news is one of the toughest things to do in any field dealing with client care. As automation and technology increasingly interweave with human experience, there is growing concern about whether automated agents (‘‘AAs”) would be adequate to perform such a complex emotional act. In this paper, I draw from the literature in psychology and computer science to understand how individuals might react to automated agents (AAs) and address some of the strengths and limitations of AAs. I raise several legal and empirical issues that future designers and users of AAs must consider, including disclosure of and liability …
Can You Hear Me Now? Conceptions Of Privacy In Section 8, 2017 Schulich School of Law, Dalhousie University
Can You Hear Me Now? Conceptions Of Privacy In Section 8, Chris Sewrattan
Canadian Journal of Law and Technology
This article will examine the different conceptions of privacy that are present in the jurisprudence of s. 8 of the Canadian Charter of Rights and Freedoms. Section 8 guarantees that everyone has the right against unreasonable search and seizure. As a constitutional right, the protection covers the privacy relationship between the state and the individual. It confers privacy over information for which there exists a reasonable expectation of privacy. The article will analyze a taxonomy of four privacy conceptions present in the literature and discuss their presence in s. 8 case law. It will then examine two criticisms that arise …
A Critical Assessment On The Extraterritorial Application Of Human Rights Treaties To Transnational Cyber Surveillance, 2017 Schulich School of Law, Dalhousie University
A Critical Assessment On The Extraterritorial Application Of Human Rights Treaties To Transnational Cyber Surveillance, Wanshu Cong
Canadian Journal of Law and Technology
In this essay, I question the appropriateness of applying the substantive requirements of lawful domestic surveillance developed from international human rights treaties and relevant case law to transnational cyber surveillance. And I argue in the negative. Therefore, for the purpose of this essay, I would not delve into the highly debatable issue of what counts as ‘‘control” in cyber surveillance and which standard of control triggers a state’s jurisdiction. Instead, this essay assumes that a control test was established. In the following section, I shall examine the substantive requirements for states restricting fundamental freedoms drawn on from current human rights …
A Whole New Meaning To Having Our Head In The Clouds: Voice Recognition Technology, The Transmission Of Our Oral Communications To The Cloud And The Ability Of Canadian Law To Protect Us From The Dangers It Presents, 2017 Schulich School of Law, Dalhousie University
A Whole New Meaning To Having Our Head In The Clouds: Voice Recognition Technology, The Transmission Of Our Oral Communications To The Cloud And The Ability Of Canadian Law To Protect Us From The Dangers It Presents, Sarit K. Mizrahi
Canadian Journal of Law and Technology
Voice recognition technology is now included in modern devices as a matter of course, being used in anything from our cellular telephones, to our televisions, and even the toys of our children. While we may voluntarily interact with some of our devices using this technology, such as conversing with Siri on our iPhones, many of us remain unaware as to the dangerous implications of using voice recognition technology.
Its ability to record some of our most personal conversations allows private companies to eavesdrop on us in an unprecedented manner and amass highly sensitive information about our lives that would have …
Patent Protection For Crispr: An Elsi Review, 2017 New York Law School
Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow
Articles & Chapters
The revolutionary gene-editing technology, CRISPR, has raised numerous ethical, legal, and social concerns over its use. The technology is also subject to an increasing patent thicket that raises similar issues concerning patent licensing and research development. This essay reviews several of these challenges that have come to the fore since CRISPR’s development in 2012. In particular, the lucre and complications that have followed the CRISPR patent dispute may affect scientific collaboration among academic research institutions. Relatedly, universities’ adoption of “surrogate licensors” may also hinder downstream research. At the same time, research scientists and their institutions have also used CRISPR patents …
Front Matter, 2017 Southern Methodist University
The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, 2017 Texas Tech University School of Law
The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy
SMU Science and Technology Law Review
No abstract provided.
Lost Esi Under The Federal Rules Of Civil Procedure, 2017 Northern Illinois University College of Law
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
SMU Science and Technology Law Review
Current Issue
Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection
Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even …
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, 2017 Southern Methodist University
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England
SMU Science and Technology Law Review
No abstract provided.
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, 2017 Southern Methodist University
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn
SMU Science and Technology Law Review
No abstract provided.
You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, 2017 Southern Methodist University
You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol
SMU Science and Technology Law Review
No abstract provided.