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Full-Text Articles in Law
Autonomy And Free Thought In Brain- Computer Interactions: Review Of Legal Precedent For Precautionary Regulation Of Consumer Products, Sadia Khan, Daniel Cole, Hamid Ekbia
Autonomy And Free Thought In Brain- Computer Interactions: Review Of Legal Precedent For Precautionary Regulation Of Consumer Products, Sadia Khan, Daniel Cole, Hamid Ekbia
UC Law Science and Technology Journal
The expanding use of neurotechnologies in consumer products increases the risks to human rights such as autonomy and free thought. While potentially beneficial in clinical applications, technologies such as brain implants and EEG-enabled wearable devices pose serious concerns about mental and psychological manipulation of human beings. In the US in particular, law and policy are lagging behind technical developments, thereby increasing the risks of abuse and misuse from commercial neurotechnologies. This article focuses on commercial neurotechnologies, which are distinct from medical neurotechnologies for clinical diagnoses, and seeks to guard against human rights risks to users by overcoming that regulatory gap. …
Today’S Pirates: Biopiracy, Biotech, And The International Frameworks That Are Not Up To The Challenge., Katy Rotzin
Today’S Pirates: Biopiracy, Biotech, And The International Frameworks That Are Not Up To The Challenge., Katy Rotzin
UC Law Science and Technology Journal
This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against widespread biopiracy due to ineffective cross-cultural application of relevant treaties and differing domestic approaches to intellectual property frameworks. This paper examines the World Intellectual Property Organization, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, The Convention on Biological Diversity, The Bonn Guidelines, and The Nagoya Protocol. This …
Towards Responsible Quantum Technology: Safeguarding, Engaging And Advancing Quantum R&D, Mauritz Kop, Mateo Aboy, Eline De Jong, Urs Gasser, Timo Minssen, I. Glenn Cohen, Mark Brongersma, Teresa Quintel, Luciano Floridi, Raymond Laflamme
Towards Responsible Quantum Technology: Safeguarding, Engaging And Advancing Quantum R&D, Mauritz Kop, Mateo Aboy, Eline De Jong, Urs Gasser, Timo Minssen, I. Glenn Cohen, Mark Brongersma, Teresa Quintel, Luciano Floridi, Raymond Laflamme
UC Law Science and Technology Journal
The expected societal impact of quantum technologies (QT) urges us to proceed and innovate responsibly. This article proposes a conceptual framework for Responsible QT that seeks to integrate considerations about ethical, legal, social, and policy implications (ELSPI) into quantum R&D, while responding to the Responsible Research and Innovation dimensions of anticipation, inclusion, reflection and responsiveness. After examining what makes QT unique, we argue that quantum innovation should be guided by a methodological framework for Responsible QT, aimed at jointly safeguarding against risks by proactively addressing them, engaging stakeholders in the innovation process, and continue advancing QT (‘SEA’). We further suggest …
One Nation, Under Dobbs: How Dobbs V. Jackson Women’S Health Impacts Data Privacy For All, Mikayla Domingo
One Nation, Under Dobbs: How Dobbs V. Jackson Women’S Health Impacts Data Privacy For All, Mikayla Domingo
UC Law Science and Technology Journal
The Supreme Court has gone against the fundamental principle of Stare Decisis in Dobbs v. Jackson Women’s Health Organization, holding that the constitution confers no right to an abortion. The aftermath of Dobbs shines a spotlight on how reproductive and feminine health data are exploited to target women. From geolocation monitoring to abortion clinics, to women’s search history and private messages being used in her prosecution, the dystopian prospect of surveillance capitalism is now reality for women in the United States. The immediate impact of Dobbs illuminates the need for greater and clearer data privacy protections have never been more …
The Role Of Constitutional Provisions In Protecting Artificial Reproductive Technology: A Comparative Analysis Of The United Kingdom, France, Germany, Italy, And The United States, Gabrielle Kleyner
UC Law Science and Technology Journal
Artificial reproductive technology (ART) is a common medical treatment for individuals struggling with infertility. However, accessibility depends largely on social, economic, and legal factors. This article will examine the role constitutional provisions play in protecting access to ART, comparing countries with constitutional provisions protecting the right to health like the United Kingdom, France, Germany, and Italy, with the United States, which lacks such safeguards. This article will begin by comparing the constitutional provisions protecting the right to health broadly and then explore the specific guidelines governing ART. The article ultimately finds a relationship between constitutional health protections and access to …
Litigation Takes The Stage: Using Litigation To Solve Performances In Privacy Law, Stephanie Don
Litigation Takes The Stage: Using Litigation To Solve Performances In Privacy Law, Stephanie Don
UC Law Science and Technology Journal
Technology’s constant and continuous development is many steps ahead of United States’ privacy laws. This Note asserts that current domestic privacy law is years behind what technology is capable of and is merely performative. That is, privacy law claims to protect us but simply does not. Ari Ezra Waldman’s book, Industry Unbound, exemplifies how consumers and privacy professionals alike are under the false impression that the privacy profession protects consumer data. To attempt to catch up with technology’s fast-paced development—specifically in the social media space—and to create truly protective privacy law, this Note proposes that litigation be used to advance …
Ai Ethical Compliance Is Undecidable, Lorin Brennan
Ai Ethical Compliance Is Undecidable, Lorin Brennan
UC Law Science and Technology Journal
One response to concerns about AI systems has been to espouse “ethical AI,” that is, to elucidate ethical norms and then impose a legal requirement that AI systems comport with these norms. But will it work? More precisely, does there exist an effective procedure by which an AI system developer, or regulator, can determine in advance whether an AI system, once put into operation, will consistently generate output that conforms to a desired ethical norm? This paper argues “no.” The Halting Problem shows that there is no algorithm that can reliably do so for all AI systems running any allowed …
On Electric Vehicles And Environmental Policies For Innovation, Shi-Ling Hsu
On Electric Vehicles And Environmental Policies For Innovation, Shi-Ling Hsu
UC Law Science and Technology Journal
Electric vehicles have been in existence for over a century. Impetus and progress towards commercialization have been uneven. For the most part, government policy on electric vehicle development has consisted of government funding and other support for research and development. The long, meandering path that has now resulted in the emergence of Tesla as an industry leader has been documented carefully in John Graham’s The Global Rise of the Modern Plug-in Electric Vehicle. Graham’s account is remarkably broad and thorough, leaving few stones unturned, and comprehensively detailing the history of electric vehicle policy in a number of countries, and often …
The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler
The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler
UC Law Science and Technology Journal
Not only is Artificial Intelligence (AI) present everywhere in people’s lives, but the technology is also now capable of making unpredictable decisions in novel situations. AI poses issues for the United States’ traditional criminal law system because this system emphasizes mens rea’s importance in determining criminal liability. When AI makes unpredictable decisions that lead to crimes, it will be impractical to determine what mens rea to ascribe to the human agents associated with the technology, such as AI’s creators, owners, and users. To solve this issue, the United States’ legal system must hold AI’s creators, owners, and users strictly liable …
Reversing The Irreversible: Mitigating Legal Risks Of Blockchain-Based Data Breach Through Corporate Governance, Katayoon Beshkardana
Reversing The Irreversible: Mitigating Legal Risks Of Blockchain-Based Data Breach Through Corporate Governance, Katayoon Beshkardana
UC Law Science and Technology Journal
The European General Data Protection Regulation (GDPR) embodies a set of enforceable data subject rights, data controller and processor obligations, and compliance requirements. The GDPR outreach is extraterritorial and impacts US blockchain-based businesses that collect and process personal data of individuals from the EU. Given the ambiguities of the law itself surrounding what is considered as personal data on blockchain, and who data controllers and processors are, this research examines the corporate governance response to the GDPR as a bottom-up solution for compliance. To secure the sustainability of the business models based on blockchain solutions there is an immediate need …
Regulating The Digital Resonance, Hassan Salman
Regulating The Digital Resonance, Hassan Salman
UC Law Science and Technology Journal
The proliferation of automated content moderation in social media has negatively impacted users’ (individuals, businesses, and governments) selfexpressions. Major social media platforms like Facebook act as public forums for billions of users whose content may vary in terms of acceptability and legality. User content is colored by social as well as personal norms, values and experiences. For example, though blasphemy may be objectionable in Poland, it may not be so in France. However, despite facing some mistrust over how Facebook and other platforms handle user data and moderate content, users rely on the entities like Facebook to correctly filter this …
Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su
Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su
UC Law Science and Technology Journal
Conversations on cryptocurrencies have become a mainstay in society today, whether that be on social media or in individual conversations. The cultural and social impact of cryptocurrency is undeniable and, as conversations with cryptocurrency supporters would suggest, lead to a positive impact in the lives of those that invest in the currency. However, cracks are showing in the patchwork of cryptocurrency regulations throughout the United States as cryptocurrency scams run amok, resulting in losses for innocent investors. Although attention is placed upon the decisions of individual companies or executives in explaining cryptocurrency scams, little discussion is present regarding investor behaviors …
Reducing Single-Use Plastic Waste: A Better Alternative To The Reduce Act Tax Proposal, Ryann Wong
Reducing Single-Use Plastic Waste: A Better Alternative To The Reduce Act Tax Proposal, Ryann Wong
UC Law Science and Technology Journal
This article will discuss the relevant and imminent need for government intervention to curb and reduce single-use plastic waste. It will look at the proposed 2019 REDUCE Act and consider potential outcomes and unintended consequences which the proposed plan may bring. The article will analyze the REDUCE Act through a discussion of: how similar policies have fared in the past, a historical survey of single-use plastics in US supply chain practices, how past tax laws have had a disproportionate impact on low-income taxpayers, the current market demands for single-use plastics, and an observation of how other countries are applying tax …
One Map To Rule Them All: Google Maps And Quasi-Sovereign Power In International Legal Disputes, Catherine Grace Katz
One Map To Rule Them All: Google Maps And Quasi-Sovereign Power In International Legal Disputes, Catherine Grace Katz
UC Law Science and Technology Journal
With 80% market share, Google Maps has become the most powerful digital mapping platform in the world to such an extent that users often believe Google Maps represents an objectively accurate and universally truthful depiction of the world. The desire to create a single, objective map for the whole world dates to the turn of the 20th Century, even though objectivity and cartography are inherently at odds—a notion that has long complicated the status of maps as evidence in domestic and international law. However, growing acceptance of GIS maps as evidence in both domestic and international courts highlights the importance …
Big Tech Trademarks: Trademark Law Empowers Big Tech To Maintain Market Dominance, Denise Pritchard
Big Tech Trademarks: Trademark Law Empowers Big Tech To Maintain Market Dominance, Denise Pritchard
UC Law Science and Technology Journal
No abstract provided.
Foreword, Jenny Sui, Nick Wood
Foreword, Jenny Sui, Nick Wood
UC Law Science and Technology Journal
No abstract provided.
Adopting A Legislative Approach For Data In The Fourth Amendment: Defining Personal Data As An “Effect”, Dan Yosipovitch
Adopting A Legislative Approach For Data In The Fourth Amendment: Defining Personal Data As An “Effect”, Dan Yosipovitch
UC Law Science and Technology Journal
This Article addresses the need to recognize a property-based right in personal data and to limit the amount of personal information that can be lawfully collected about individuals online. The Fourth Amendment, protecting “persons, houses, papers, and effects” from unreasonable searches must be interpreted to ensure privacy for personal data. The evolving nature of data privacy protections and global data privacy standards emphasizes the necessity to develop clear standards and statutes to protect an individual’s interest in their personal data. Statutes such as the E.U.’s GDPR and California’s CCPA, provide a regulatory framework on how to approach data privacy on …
A Comparative Analysis Of The Eu And U.S. Data Privacy Regimes And The Potential For Convergence, Ruben De Bruin
A Comparative Analysis Of The Eu And U.S. Data Privacy Regimes And The Potential For Convergence, Ruben De Bruin
UC Law Science and Technology Journal
No abstract provided.
The Private Regulators Of The New Public Square, Jagdeep Sekhon
The Private Regulators Of The New Public Square, Jagdeep Sekhon
UC Law Science and Technology Journal
No abstract provided.
Artificial Intelligence And Inventorship – Does The Patent Inventor Have To Be Human?, Mimi S. Afshar
Artificial Intelligence And Inventorship – Does The Patent Inventor Have To Be Human?, Mimi S. Afshar
UC Law Science and Technology Journal
No abstract provided.
Foreword, Jenny Sui, Nick Wood
Foreword, Jenny Sui, Nick Wood
UC Law Science and Technology Journal
No abstract provided.
Privacy In Wearables: Innovation, Regulation, Or Neither, Kenny Gutierrez
Privacy In Wearables: Innovation, Regulation, Or Neither, Kenny Gutierrez
UC Law Science and Technology Journal
No abstract provided.
For The Betterment Of All Mankind: Claiming The Benefits Of Outer Space Through Intellectual Property Rights, Maeve Dineen
For The Betterment Of All Mankind: Claiming The Benefits Of Outer Space Through Intellectual Property Rights, Maeve Dineen
UC Law Science and Technology Journal
No abstract provided.
Linkedin: A Case Study Into How Tech Giants Like Microsoft Abuse Their Dominant Market Position To Create Unlawful Monopolies In Emerging Industries, Ram Bhadra
UC Law Science and Technology Journal
The United States Court of Appeals for the Ninth Circuit should reconsider the merits of hiQ Labs’ antitrust arguments against Microsoft after the Supreme Court of the United States vacated the district court’s judgement and remanded hiQ Labs, Inc. v. LinkedIn Corp. back to the district court. LinkedIn and its parent company Microsoft have violated Section 2 of the Sherman Antitrust Act by denying its direct competitor, hiQ Labs, in the downstream people data analytics market access to data available publicly and exclusively on LinkedIn. Limiting the consumers’ and recruiters’ option of downstream people data analytics tools to only the …