Law Commons^™

Configuring The Networked Citizen, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Among legal scholars of technology, it has become commonplace to acknowledge that the design of networked information technologies has regulatory effects. For the most part, that discussion has been structured by the taxonomy developed by Lawrence Lessig, which classifies "code" as one of four principal regulatory modalities, alongside law, markets, and norms. As a result of that framing, questions about the applicability of constitutional protections to technical decisions have taken center stage in legal and policy debates. Some scholars have pondered whether digital architectures unacceptably constrain fundamental liberties, and what "public" design obligations might follow from such a conclusion. Others …

Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …

The Limits Of Government Regulation Of Science, John D. Kraemer, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The recent controversy over the National Science Advisory Board for Biosecurity’s (NSABB) request that Science and Nature redact key parts of two papers on transmissible avian (H5N1) influenza reveal a troubled relationship between science and security. While NSABB’s request does not violate the First Amendment, efforts to censor the scientific press by force of law would usually be an unconstitutional prior restraint of the press absent a compelling state interest. The constitutional validity of conditions on grant funding to require pre-publication review of unclassified research is unclear but also arguably unconstitutional.

The clearest case where government may restrict publication is …