Orwellian Surveillance Of Vehicular Travels, 2014 SelectedWorks
Orwellian Surveillance Of Vehicular Travels, Sam Hanna
What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries ...
From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett
University of Southern California Legal Studies Working Paper Series
Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...
The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden
This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward assessing the applicability of this model. The FCC explicitly states that it lacks jurisdiction to prescribe terms, or to mandate binding arbitration. However, it recently interpreted its statutory authority to ensure “good faith” negotiations as allowing it to constrain broadcaster negotiating leverage by prohibiting multiple operators, having the largest market share, from joining in collective negotiations with cable ...
Internet Protocol Television And The Challenge Of “Mission Critical” Bits., 2014 SelectedWorks
Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format.
This paper assesses whether and how Internet Service Providers (“ISPs”) can offer ...
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, 2014 SelectedWorks
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry L. Macintosh
Kerry L Macintosh
Fertility in women declines significantly at age thirty-two and takes a sharp downward turn at age thirty-seven. Miscarriages also increase with age. In vitro fertilization cannot reverse the effects of aging, and embryo screening, egg freezing, and egg donation are imperfect solutions.
Unfortunately, many women fail to grasp these facts until it is too late. Various factors are to blame, including physicians who shy away from the topic of age-related fertility decline, persistent messaging about the need for pregnancy prevention (implying that conception is easy), and media accounts of celebrities who are pregnant in their forties.
This Article argues that ...
Self-Defense Against Robots, 2014 University of Miami
Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo
A. Michael Froomkin
This paper examines when, under U.S. law, humans may use force against robots to protect themselves, their property, and their privacy. May a landowner legally shoot down a trespassing drone? May she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or a peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This paper addresses all those issues and one more: what rules and standards we could put into ...
Public Good Economics And Standard Essential Patents, 2014 University of Pennsylvania Law School
Public Good Economics And Standard Essential Patents, Christopher S. Yoo
Standard essential patents have emerged as a major focus in both the public policy and academic arenas. The primary concern is that once a patented technology has been incorporated into a standard, the standard can effectively insulate it from competition from substitute technologies. To guard against the appropriation of quasi-rents that are the product of the standard setting process rather than the innovation itself, standard setting organizations (SSOs) require patentholders to disclose their relevant intellectual property before the standard has been adopted and to commit to license those rights on terms that are fair, reasonable, and non-discriminatory (FRAND).
To date ...
"Step Into The Game": Assessing The Interactive Nature Of Virtual Reality Video Games Through The Context Of "Terroristic Speech", Robert Hupf Jr
Robert Hupf Jr
This article will begin the discussion on video gaming’s next interactive jump – total VR immersion – and examine whether the interactivity of VR changes the ordinary First Amendment analysis . . . . Yet, even with the “terroristic speech” component, involving everything from instructions on bomb-making to anti-American “terrorist” recruitment messaging, the Court should affirm the speech-protective logic of Justice Learned Hand and Justice Brandeis and hold that the First Amendment protects the freedom of video game developers in making VR video games with problematic content. The video game medium and its depictions have already been recognized as “speech” in Brown, fall into a ...
Has Delaware Become The "New" Eastern District Of Texas? The Unforeseen Consequences Of The Aia, Fabio E. Marino, Teri H.P. Nguyen
Santa Clara High Technology Law Journal
To stem the rising tide of patent suits brought by non-practicing entities (NPEs), Congress enacted the anti-joinder provisions of the Leahy-Smith America Invents Act (AIA) while, at nearly the same time, the Federal Circuit issued a series of decisions making it easier for defendants to transfer multi-defendant cases filed by NPEs away from the Eastern District of Texas. The unexpected result of these initiatives, however, has been that NPEs have selected the District of Delaware as their new “forum of choice,” making it the most popular forum for patent litigation in the country and displacing the Eastern District of Texas.
Copyright's Hand Abstractions Test For Patent's Section 101 Subject-Matter Eligibility, 2014 Santa Clara Law
Copyright's Hand Abstractions Test For Patent's Section 101 Subject-Matter Eligibility, Mark R. Carter
Santa Clara High Technology Law Journal
Since the Federal Circuit’s 2007 In re Bilski decision and the Supreme Court’s 2008 Bilski v. Kappos decision, patent law’s subject-matter eligibility standard under 35 U.S.C. §101 has been uncertain. This paper posits patent law’s patent-ineligible abstract ideas are science concepts and science laws, composed of science concepts, as defined by science philosophers. Somewhat analogous to copyright law, it also presents a downward patent-eligibility Hand abstractions test from an alleged abstract idea, natural law, or natural phenomenon to independent claims as a coherent, systematic, and practical approach to judging utility-patent eligibility. Patent claims manifest ...
Why International Inventors Might Want To Consider Filing Their First Patent Application At The United States Patent Office & The Convergence Of Patent Harmonization And E-Commerce, 2014 Santa Clara Law
Why International Inventors Might Want To Consider Filing Their First Patent Application At The United States Patent Office & The Convergence Of Patent Harmonization And E-Commerce, Michael H. Anderson, Daniel Cislo, Jaime Saavedra, Kimberly Cameron
Santa Clara High Technology Law Journal
On March 16, 2013, the United States implemented the Leahy-Smith America Invents Act (AIA). Enactment of the AIA substantially enhances the value of U.S. provisional and non-provisional patent applications (PPAs and NPAs) to foreign applicants. Here, the authors endeavor to outline the procedural and strategic considerations facing foreign applicants for PPAs by offering a brief survey of protective foreign patent application law, followed by an analysis of the modern benefits of PPA filing in the post-AIA world. The analysis here suggests that the traditional benefits to foreign filers of PPAs encompassing term extension, cost-efficiency and secrecy have been amplified ...
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, 2014 Florida Coastal School of Law
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so.
But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms ...
Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, 2014 SelectedWorks
Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles E. Maclean
Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in digital devices no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking exclusively about individuals suspected of committing violent crimes. The Government is recording the calls and ...
Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty
Meredith W. Doherty
As the technology of smartphones has progressed, electronic communication has become an integral and portable part of our daily lives. A recent New Jersey case highlighted the issue of holding the sender of a text message liable for injuries resulting from a motor vehicle accident in which the driver at fault was reading a text message from the sender at the time of the accident. This note focuses on the implications of such liability being imposed on senders of text messages as well as the slippery slope that could result, taking all forms of electronic communication, social media and mobile ...
Zero And The Rise Of Technological Lawmaking, 2014 Pace University
Zero And The Rise Of Technological Lawmaking, Max Stul Oppenheimer
Pace Law Review
This Article begins by identifying and drawing the outline of this previously unrecognized source of law: technology-made law. It then focuses on one paradigmatic case: changes in the meaning of “zero” and the closely related concept of a mathematical limit (for example a speed limit). It defines “zero” and demonstrates its explicit and implicit uses in law. It then posits that there are two ways to interpret a law involving a technological limit: a technology-static approach, in which comparisons are made using the technology available at the time the law was enacted, and a technology-dynamic approach, in which comparisons are ...
Facts Can Be Stubborn: The Importance Of The Fact Section In Environmental Law, L.A. County Flood Control Dist. V. Natural Res. Def. Council, 133 S. Ct. 710 (2013), Aaron Schaer
L.A. County is a perfect example of a difficulty that underlies many environmental cases. The facts are often incredibly complex, and based on science that even the PhDs among us struggle to comprehend. And if this were not enough, the environmental laws that these facts are siphoned through are no walk in the park themselves. Quite the opposite, as should be expected from political compromises over intricate, ever-evolving science.
Environmental laws are rife with jargon and compound terms that are best left to acronyms like NAAQS and NPDES. This itself has become food for fodder, as these laws have ...
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, 2014 SelectedWorks
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What development risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise?
This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials into a logical presentation and providing supplemental sources for those who desire a deeper look (usually ...
Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, 2014 College of William & Mary Law School
Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder
William & Mary Law Review
No abstract provided.
In Privity With The Public Domain: The Standing Doctrine, The Public Interest, And Intellectual Property, Russell W. Jacobs
Santa Clara High Technology Law Journal
This Article explores two recent Supreme Court cases—Association of Molecular Pathology v. Myriad Genetics, Inc. and Golan v. Holder—and other intellectual property litigation in the context of the standing doctrine and the public interest.
These cases present significant public policy questions, but the adversarial nature of the courts makes them ill-equipped to consider the multiple public interests and multiple stakeholder perspectives. As a result, adjudication of these cases in the courts results in propertization of the intellectual property interests, the exclusion of non-parties from the formation of policy, and the exhaustion of any further policy debate after the ...
A Witness Against Himself: A Case For Stronger Legal Protection Of Encryption, 2014 Santa Clara Law
A Witness Against Himself: A Case For Stronger Legal Protection Of Encryption, Benjamin Folkinshteyn
Santa Clara High Technology Law Journal
This Article examines the application of the Fifth Amendment privilege against self-incrimination to compelled disclosure of unencrypted data. Such disclosure can include provision of passwords to access encrypted data as well as, increasingly, providing unencrypted data after compelled decryption.
The pervasiveness and persistence of electronic data drastically increases the availability of information with potential evidentiary value that has not previously existed with physical evidence. The courts have struggled with finding the appropriate balance in determining the scope and applicability of the privilege against self-incrimination to electronic evidence. The lack of precise physical world analogues to encryption has led to particular ...