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Child Privacy In The Digital Age And California's Child Deletion Statute, Michael Shepherd Jun 2022

Child Privacy In The Digital Age And California's Child Deletion Statute, Michael Shepherd

Journal of Technology Law & Policy

In the current era of social media, parents and others constantly post pictures and reveal information about children on the Internet. As of 2010, ninety-two percent of children had an online presence by the age of two. This Note will examine whether parents and others’ use of social media infringe on the privacy rights of children and what protections a recent California statute gives to children’s digital privacy.

A recent case sheds light on this emerging issue. In Sakala v. Milunga, the plaintiff alleged the defendants induced her to come the United States from Zambia and then held her …

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The California Consumer Privacy Act: Towards A European-Style Privacy Regime In The United States?, Stuart L. Pardau Jun 2022

The California Consumer Privacy Act: Towards A European-Style Privacy Regime In The United States?, Stuart L. Pardau

Journal of Technology Law & Policy

California is leading the way towards greater security of the consumer—or to needless overregulation, depending on one’s perspective. Governor Jerry Brown signed into law The California Consumer Privacy Act (CCPA or the Act) on June 28, 2018; it goes into effect on January 1, 2020.

Broadly, the CCPA grants consumers four basic rights in connection to their personal data: (1) the right to know what personal information a business has collected about them and how it is being used; (2) the right to “opt out” of a business selling their personal information; (3) the right to have a business delete …

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A Case Against Bad Math, Peggy Bruner Jun 2022

A Case Against Bad Math, Peggy Bruner

Journal of Technology Law & Policy

If you google any of one your favorite Tech News blogs, you will likely see at least one of the following phrases on the homepage: “artificial intelligence,” “Machine learning,” or “algorithm.” An algorithm, the basis of this fast-growing area of computer science, is a sequence of instructions telling a computer what to do. Machine learning uses algorithms to “learn” by “minimizing error or maximizing the likelihood of their predictions becoming true.” Artificial Intelligence uses algorithms to perform tasks that would otherwise require human behavior, such as visual or audio recognition. Over the last few years, big data companies like Netflix, …

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Policing The Police: Analyzing The Legal Implications Of The Sequestration Of Cellphone Video Footage, Tristan Montaque Jun 2022

Policing The Police: Analyzing The Legal Implications Of The Sequestration Of Cellphone Video Footage, Tristan Montaque

Journal of Technology Law & Policy

With the advent, rise, and current ubiquity of cellphones and other forms of mobile recording devices, instances of police brutality, particularly among minority groups, are more frequently being recorded by private citizens and broadcasted for the entire world to see.

Many of these mobile videos have illustrated instances of police and other law enforcement officials severely beating, brutalizing, and in many cases, shooting and killing American citizens, most of whom are either African-American or Latino and are unarmed. On July 5, 2016, a video was uploaded of Alton Sterling, a black male, being fatally shot after an encounter with two …

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There Is Always More Than Law! From Low Ip Regimes To A Governance Perspective In Copyright Research, Christian Katzenbach Jun 2022

There Is Always More Than Law! From Low Ip Regimes To A Governance Perspective In Copyright Research, Christian Katzenbach

Journal of Technology Law & Policy

This Essay contributes to empirical copyright research by presenting an integrated governance perspective. This conceptual framework seeks to enable the identification and comparison of different modes of ordering and control in creative production and distribution. Based on sociological institutionalism, this governance perspective does not privilege law ex-ante, but positions norms, discourses, and technology as (analytically) equally relevant dimensions of copyright governance.

The reasoning of this Essay is presented in three parts. Firstly, I draw from Murray to argue against a low IP exceptionalism. The norms and routines ordering creative production in sectors of low IP protection are not unique to …

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Mavrix’S Misguided Guidelines: An Offense Against The Dmca Safe Harbor Defense, Bobby Desmond Jun 2022

Mavrix’S Misguided Guidelines: An Offense Against The Dmca Safe Harbor Defense, Bobby Desmond

Journal of Technology Law & Policy

This Case Comment specifically focuses on the safe harbor in § 512(c) which “limits the liability of qualifying service providers for claims of direct, vicarious and contributory infringement for storage at the direction of a user of material that resided on a system or network controlled or operated by or for the service provider.” Congress explained that “providing server space for a user’s […] forum in which material may be posted at the direction of users” is an example of an instance that would qualify for § 512(c) safe harbor protection. This example is nearly identical to the case at …

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Fixing The Sample Music Industry: A Proposal For A Sample Compulsory License, Maxwell Christiansen Jun 2022

Fixing The Sample Music Industry: A Proposal For A Sample Compulsory License, Maxwell Christiansen

Journal of Technology Law & Policy

“Once music is recorded on tape, it’s just pieces of ferrous oxide on plastic, and can therefore be chopped about, switched around, put together in different orders, stretched, compressed, whatever,” explained Brian Eno, famous composer credited as the pioneer of ambient music, in a 1977 interview as he discussed the revolutionary benefits of magnetic tape audio recording. The abilities the Eno described are the first means of music sampling.

Music sampling is a technique that has been described as a technological outgrowth of musical eclecticism, a methodology that incorporates compositional concepts of borrowing, quotation, commentary, and collage. Despite providing for …

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The End Of The War As We Know It: How An Act Of Cyber Warfare Could Impact The U.S. Energy Grid, Ashley M. Berger Jun 2022

The End Of The War As We Know It: How An Act Of Cyber Warfare Could Impact The U.S. Energy Grid, Ashley M. Berger

Journal of Technology Law & Policy

This Note will discuss and compare the history and definitions of traditional warfare and contrast potential acts of war through the lens of the cyber realm and describe examples of past attacks on both the United States and other governments. It will continue on to examine incidents that have occurred on various components of the U.S. grid and also explore the most famous and first true cyber-attacks, the Stuxnet worm. Finally, this Note will analyze and apply the existing laws and traditional legal framework surrounding the use of force and armed attack thresholds to ultimately conclude that a Stuxnet-like attack …

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Suicide By Text: The Case Of Michelle Carter, Ashley B. Chin Jun 2022

Suicide By Text: The Case Of Michelle Carter, Ashley B. Chin

Journal of Technology Law & Policy

The use of technology to commit crime has become an ideal way for some. The use of technology has led to the incorrect assumption that misconduct online is not traceable. Technological crimes have impacted almost every field of the law including family law, business law and tax law. During the summer of 2016, the Supreme Judicial Court of Massachusetts affirmed an indictment against a youthful offender for her participation in the suicide of another teen. This article analyzes the impact of the first ever indictment against a defendant solely based on text messages and verbal communication between the defendant and …

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The Only Certainty Is Uncertainty: Patent Claim Construction In The United States Court Of Appeals For The Federal Circuit, Rainey C. Booth Jr. Jun 2022

The Only Certainty Is Uncertainty: Patent Claim Construction In The United States Court Of Appeals For The Federal Circuit, Rainey C. Booth Jr.

Journal of Technology Law & Policy

The law of patent claim construction has been in flux over the past twenty years. Patent claim construction is integral to the function of the patent system. Patent claims are the elements of the patent document that define the boundaries of the holder’s property rights. As such, claim construction has the potential to be outcome determinative in a majority of patent litigation. The U.S. Court of Appeals for the Federal Circuit, originally created by Congress with the intent to provide uniformity and predictability to this area of the law, has been increasingly reviewed and reversed by the Supreme Court. Concurrently, …

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It's A Deal: Forging Media Righs Deals In Response To Spectator Live Streaming, Samanta C. Franchim Jun 2022

It's A Deal: Forging Media Righs Deals In Response To Spectator Live Streaming, Samanta C. Franchim

Journal of Technology Law & Policy

This Note explores why the law should address the issue of spectator live streaming and suggests a solution to this problem. This Note presents its arguments in four parts. Part I explains current copyright law and examines courts’ interpretation of what is copyrightable in the context of live athletic events. Part II focuses on the growing popularity and use of live streaming technology, specifically Periscope, and the legal implications that arise while using this technology in the context of live sporting events. Part III explains why current legal remedies fail to adequately protect professional sports leagues and broadcasters, and examines …

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Autonomous Vehicle Testing Legislation: A Review Of Best Practices From States On The Cutting Edge, Rustin Diehl, Matthew I. Thue Jun 2022

Autonomous Vehicle Testing Legislation: A Review Of Best Practices From States On The Cutting Edge, Rustin Diehl, Matthew I. Thue

Journal of Technology Law & Policy

This Article aims to bring autonomous vehicle testing legislation to the attention of lawmakers who have not yet considered the issue, and to provide encouragement and additional guidance for expansion of legislation at the state level. It does so in three parts. First the article briefly reviews the history of autonomous vehicles. Second, it discusses some of the ways that autonomous vehicles could impact society, and explains why lawmakers might be interested in facilitating the safe and orderly deployment of the technology. Finally, the article reviews the current state of the existing legislation and offers some best practices for implementation …

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Cybersecurity Oversight: A Cautionary Tale For Directors, Harris Yegelwel Jun 2022

Cybersecurity Oversight: A Cautionary Tale For Directors, Harris Yegelwel

Journal of Technology Law & Policy

This Note seeks to explore the impact of cybersecurity in a particular context: corporate law. Specifically, this Note examines whether a Board of Directors (Board) should be liable for breach of fiduciary duty for failure to take reasonable and prophylactic measures to protect sensitive corporate data. As the magnitude and sophistication of cyberthreats advances, the resulting harm to corporations develops as well. Corporations are implementing enough cybersecurity measures to protect their data and sensitive information, and existing law does not create sufficient incentives for corporations and their Boards to take necessary precautions to protect sensitive information from cyberthreats. To complicate …

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Corporate Compliance In The Computer Age, Sean G. Hipworth Jun 2022

Corporate Compliance In The Computer Age, Sean G. Hipworth

Journal of Technology Law & Policy

The author’s focus is on two general areas of compliance risk: bribery and data protection. The objective is to highlight risk factors and propose solutions. The risks or solutions may have both human and technological elements. Both will be discussed as they are often complementary and neither exist in a vacuum.

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Full-Court Press: Fantasy Sports, The Right Of Publicity, And Professional Athletes' Interest In The Live Transmission Of Their Statistical Performances, Michael B. Greenberg Jun 2022

Full-Court Press: Fantasy Sports, The Right Of Publicity, And Professional Athletes' Interest In The Live Transmission Of Their Statistical Performances, Michael B. Greenberg

Journal of Technology Law & Policy

Many scholarly articles have focused on whether professional sports leagues and their athletes have a right of publicity when it comes to the unlicensed use of daily statistical performances by fantasy sports websites. The unambiguous trend in recent court decisions is that such statistics are not protectable because they are “news” within the public domain. I submit, however, that the live transmission of such statistics without the licensed consent of athletes of leagues violates the professional athlete’s right of publicity. Accordingly, to be allowed to transmit these statistics as the game is being played, fantasy sports website operators should have …

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Bowers V. Baystate Technologies: The Unfair Use Doctrine Of Reverse Engineering, Nicholas Camillo Jun 2022

Bowers V. Baystate Technologies: The Unfair Use Doctrine Of Reverse Engineering, Nicholas Camillo

Journal of Technology Law & Policy

The goal of copyright law is utilitarian in nature; it is to disseminate artistic and scientific works that will ultimately benefit society. Copyright law provides an incentive for authors to create new expressive works by granting them exclusive rights so that they may receive economic benefits for their work. Computer software has become difficult to place within the context of copyright law because it is challenging for authors of computer software to disseminate their ideas and simultaneously control access to their work so that they may benefit financially from its reproduction. The fair use defense for reverse engineering is thought …

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The Undue Reliance On Physical Objects In The Regulation Of Information Products, Pascale Chapdelaine Jun 2022

The Undue Reliance On Physical Objects In The Regulation Of Information Products, Pascale Chapdelaine

Journal of Technology Law & Policy

The purpose of this Article is to critically analyze the root causes and justifications supporting the different treatment of information products that are embodied in a physical object from the ones that are not. The divide in the treatment of different forms of property is to a large extent arbitrary and we need to take a closer look at the profound effects that it may have on the regulation of information products, and the balance of powers between suppliers and recipients. Part II considers the effects of the overemphasis on a physical object in defining goods and services and the …

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Crime In The Evolved Digital Age, Anar Patel (Now Kanwar) Jun 2022

Crime In The Evolved Digital Age, Anar Patel (Now Kanwar)

Journal of Technology Law & Policy

This Article examines computer crime statutes and focuses on their weaknesses to implement statutory modifications. Part I provides an overview on the current federal statute, Computer Fraud and Abuse Act, and specific computer crime statutes from California, Vermont, Arkansas and Arizona. Part II focuses on states’ approaches to computer crimes. Part III highlights potential statutory weaknesses and suggests possible amendments to federal and state legislation. Finally, Part IV of this Article concludes with a unique perspective of computer fraud, specifically hacking, in relation to financially motivated crimes.

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The Coming Ubiquity Of Ada Compliance To The Internet And Its Extension To Online Education, Nathaniel Vargas Gallegos, Jesse Sealey Jun 2022

The Coming Ubiquity Of Ada Compliance To The Internet And Its Extension To Online Education, Nathaniel Vargas Gallegos, Jesse Sealey

Journal of Technology Law & Policy

It is the purpose of this article to highlight the ADA and Rehabilitation Act requirements, contemporary case law to the ADA and websites generally, a focused application to higher education institutions, and other applicative illustrations from practice in the field.

The Article will thoroughly trace the statutory, regulatory, and case law as per the ADA and online modalities for state and private actors. The article will conclude with the extensions to online higher educational courses and the new realities of compliance with the ADA.

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Using Hospital Bed Capacity Prediction During Covid-19 To Determine Feature Importance, Helene Barrera, Justin Ehly, Blake Freeman, Chris Papesh, Brad Blanchard Jun 2022

Using Hospital Bed Capacity Prediction During Covid-19 To Determine Feature Importance, Helene Barrera, Justin Ehly, Blake Freeman, Chris Papesh, Brad Blanchard

SMU Data Science Review

The COVID-19 pandemic has exacerbated existing hospital capacity limitations in the United States, causing hospitals in certain regions to hit maximum capacity. The purpose of this study is to investigate key features of COVID-19 related admissions to help create a higher level of public understanding and help guide healthcare management professionals and governments when considering preventive measures. The introduction of preventative measures and new regulations during the pandemic have led to the generation of multiple types of models and feature selection methods in the field of Machine Learning that are increasingly complicated. This study focuses on the exploration of feature …

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A Machine Learning Approach To Revenue Generation Within The Professional Hair Care Industry, Alexander K. Sepenu, Linda Eliasen Jun 2022

A Machine Learning Approach To Revenue Generation Within The Professional Hair Care Industry, Alexander K. Sepenu, Linda Eliasen

SMU Data Science Review

The cosmetic and beauty industry continues to grow and evolve to satisfy its patrons. In the United States, the industry is heavily science-driven, innovative, and fast-paced, suggesting that to remain productive and profitable, companies must seek smart alternatives to their current modus operandi or risk losing out on this multi-billion-dollar industry to fierce competition. In this paper, the authors seek to utilize machine learning models such as clustering and regression to improve the efficiency of current sales and customer segmentation models to help HairCo (pseudonym for confidentiality), a professional hair products manufacturer, strategize their marketing and sales efforts for revenue …

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Web Page Multiclass Classification, Brian Gaither, Antonio Debouse, Catherine Huang Jun 2022

Web Page Multiclass Classification, Brian Gaither, Antonio Debouse, Catherine Huang

SMU Data Science Review

As the internet age evolves, the volume of content hosted on the Web is rapidly expanding. With this ever-expanding content, the capability to accurately categorize web pages is a current challenge to serve many use cases. This paper proposes a variation in the approach to text preprocessing pipeline whereby noun phrase extraction is performed first followed by lemmatization, contraction expansion, removing special characters, removing extra white space, lower casing, and removal of stop words. The first step of noun phrase extraction is aimed at reducing the set of terms to those that best describe what the web pages are about …

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Identifying Locations Of Violent Injuries In Las Vegas To Implement The Cardiff Violence Prevention Model, Samuel Vonpaays Soh, Kristi L. Herman, Chris Papesh, Tim Musgrove, Ying Zhang Jun 2022

Identifying Locations Of Violent Injuries In Las Vegas To Implement The Cardiff Violence Prevention Model, Samuel Vonpaays Soh, Kristi L. Herman, Chris Papesh, Tim Musgrove, Ying Zhang

SMU Data Science Review

Public violence in the United States is a major health concern. Incidents involving violent crimes are often not reported to law enforcement. The Cardiff Model is a violence prevention program developed in the UK to identify and enable data sharing of violent injury locations between Emergency Rooms (ER) and local law enforcement to help identify areas for community improvements. The model is now in use in several major cities in the US to reduce violence. Las Vegas has seen an increase in public violence in recent years. As a result, researchers from the Southern Nevada Health District (SNHD) and University …

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The Ripple Effect Of Intellectual Property Policy: Empirical Evidence From Stem Cell Research And Development, Yael Bregman-Eschet, Sharon Bar-Ziv, Talya Ponchek, Niva Elkin-Koren Jun 2022

The Ripple Effect Of Intellectual Property Policy: Empirical Evidence From Stem Cell Research And Development, Yael Bregman-Eschet, Sharon Bar-Ziv, Talya Ponchek, Niva Elkin-Koren

Journal of Technology Law & Policy

No abstract provided.

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Total Surveillance, Big Data, And Predictive Crime Technology: Privacy's Perfect Storm, Kevin Miller Jun 2022

Total Surveillance, Big Data, And Predictive Crime Technology: Privacy's Perfect Storm, Kevin Miller

Journal of Technology Law & Policy

No abstract provided.

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What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller Jun 2022

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Journal of Technology Law & Policy

In debates over new information technologies, it is sometimes argued that an important reason to protect privacy is the possibility that personal information may be used to subject shoppers to price discrimination based on their identity, traits, or habits. Although this argument appears in numerous places, it has heretofore received little comprehensive treatment. This Article seeks to explore the legal and ethical principles implicated in the use of personal information for retail pricing. It strives to articulate the case for regulating the information flows between sellers and buyers because of the effects that information might have on the prices that …

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Jury Misconduct: Can Courts Enforce A Social Media And Internet Free Process? We "Tweet," Not, Ahunanya Anga Jun 2022

Jury Misconduct: Can Courts Enforce A Social Media And Internet Free Process? We "Tweet," Not, Ahunanya Anga

Journal of Technology Law & Policy

This Article argues that in light of the information age, the natures of jurors have changed. Now, information is readily accessible, easily digestible, and heavily relied upon. Modern jurors are equipped with the internet on many electronic gadgets, and there is no longer a waiting period to access information; it is all at their fingertips (i.e., Google, Bing, Yahoo, smart phones and Wikipedia). Jurors seek information about a defendant, a defective product forming the basis of a lawsuit, or any other information pertaining to the trial they are asked to decide. We are seeing more and more jury …

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Psychological Essentialism And Opposition To Human Embyonic Stem Cell Research, Kerry Lynn Macintosh Jun 2022

Psychological Essentialism And Opposition To Human Embyonic Stem Cell Research, Kerry Lynn Macintosh

Journal of Technology Law & Policy

This Article proceeds in four parts. Part I explains the basics of psychological essentialism in order to equip the reader with the background needed to understand the analysis to come. Part II reveals the link between essentialism and opposition to hESC research. More specifically, it documents evidence of essentialist intuition in Roman Catholic teachings and federal government reports. Next, Part III examines the connection between essentialism policies and laws that restrict hESC research and its funding. Finally, this Article presents recommendations for promoting the legality and financial viability of hESC research.

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A History Of Cronyism And Capture In The Information Technology Sector, Adam Thierer, Brent Skorup Jun 2022

A History Of Cronyism And Capture In The Information Technology Sector, Adam Thierer, Brent Skorup

Journal of Technology Law & Policy

“Cronyism,” which generally refers to an anticonsumer and corrupting affiliation between government and special interests, is a growing bipartisan concern today. “Cronyism” is popular shorthand for government-granted privileges or favoritism, which come in many flavors and have many economic and social costs. This Article documents the evolution of government-granted privileges in the information and communications technology marketplace and in the media-producing sectors.

Various political privileges have been dispensed in the traditional communications and media markets, most often in the form of regulatory favoritism. Cronyism and government-granted privileges are also creeping into the modern high-tech and Internet-related sectors, most notably in …

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When Is Bitcoin A Security Under U.S. Securities Law?, Ruoke Yang Jun 2022

When Is Bitcoin A Security Under U.S. Securities Law?, Ruoke Yang

Journal of Technology Law & Policy

Virtual worlds (and their virtual currencies) can trace their roots to the days before computers when people gathered to play, for instance, various board games like Monopoly. As participants in these settings were understood to be engaged in an interactive form of entertainment, their actions there were generally recognized to belong to a realm separate from the real world in which normal rules of the real world were suspended and new rules of the virtual world were introduced. Originally set forth by Johan Huizinga in 1938, this “magic circle” concept of the demarcation of games from reality has gained prominence, …

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