Law Commons^™

Breached!: Why Data Security Law Fails And How To Improve It, Woodrow Hartzog, Daniel Solove

Books

Digital connections permeate our lives—and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how difficult it is to secure our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In their book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022), Professors Daniel Solove and Woodrow Hartzog argue that the law fails because, ironically, it focuses too much on the breach itself.

Drawing insights from many fascinating stories about data breaches, Solove and …

The Right To Privacy And Data Protection In Times Of Armed Conflict, Asaf Lubin, Russell Buchan

Books & Book Chapters by Maurer Faculty

Contemporary warfare yields a profound impact on the rights to privacy and data protection. Technological advances in the fields of electronic surveillance, predictive algorithms, big data analytics, user-generated evidence, artificial intelligence, cloud storage, facial recognition, and cryptography are redefining the scope, nature, and contours of military operations. Yet, international humanitarian law offers very few, if any, lex specialis rules for the lawful processing, analysis, dissemination, and retention of personal information. This edited anthology offers a pioneering account of the current and potential future application of digital rights in armed conflict.

In Part I Mary Ellen O’Connell, Tal Mimran and Yuval …

Ways To Grow: New Directions For Agricultural Technology Policy

Tech Policy Lab

This whitepaper, which grows out of interdisciplinary research at the University of Washington Tech Policy Lab, argues for a widening of the aperture with respect to contemporary technology policy in agriculture. Emerging technology could, as advertised, reduce costs and increase food production. But the industrial model of agriculture that technology currently supports—focused on faster, more, and cheaper— has its tradeoffs. Precision agriculture remakes the land to serve technology, introduces new sources of instability into agriculture, and contributes to the destabilization and vulnerability of the American food system. Greater resources should be allocated to “civic” agricultural approaches that transition away from …

Digital Home Health During The Covid-19 Pandemic Challenges To Safety, Liability, And Informed Consent, And The Way To Move Forward, Sara Gerke

Faculty Contributions to Books

In this chapter, I will first give an overview of the promise of digital home health. I will then discuss the regulation of digital home health before and during COVID-19 in the context of the US Federal Food, Drug, and Cosmetic Act (FDCA). This will be followed by a discussion of three digital home health challenges during the pandemic: 1) safety, 2) liability, and 3) informed consent. In this context, I will also make suggestions on how to move forward.

2021 Biennial Report

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become a leading source for tech policy research and education and an indispensable resource to local, national, and international policymakers. In its seven-year history, the Lab has built a strong network and increased credibility that allows us to work directly with policymakers, publish research and guides on emerging technologies, and provide opportunities for the public to learn from experts. The last two years found not only our state, but our nation and the world in a time of great uncertainty. American society strives to reconcile centuries of racial and other …

Designing Tech Policy: Instructional Case Studies For Technologists And Policymakers, David G. Hendry

Tech Policy Lab

The UW Tech Policy Instructional Case Studies position students to consider the deeply interactional processes of human values and technology. Within pedagogical bounds, students engage both technical and policy elements and develop design solutions. For instructors, the case studies have been written and formatted so that they can be appropriated for varied educational settings.

Each of the tech policy instructional case studies (see Table 1) follow this three-part pattern:

1. Background. The case studies begin with information on the technology and social context at hand. This introduces both the students and the instructor to the technical problem and the social …

Predictive Policing Theory, Andrew Guthrie Ferguson

Contributions to Books

Predictive policing is changing law enforcement. New place-based predictive analytic technologies allow police to predict where and when a crime might occur. Data-driven insights have been operationalized into concrete decisions about police priorities and resource allocation. In the last few years, place-based predictive policing has spread quickly across the nation, offering police administrators the ability to identify higher crime locations, to restructure patrol routes, and to develop crime suppression strategies based on the new data.

This chapter suggests that the debate about technology is better thought about as a choice of policing theory. In other words, when purchasing a particular …

Annual Report, 2019 (Five Year Report 2013-2019)

Tech Policy Lab

With this report, we celebrate the Tech Policy Lab’s five-year anniversary. We are deeply grateful to the community for helping us mark this milestone. We came together in the fall of 2013 to create a deeply interdisciplinary research collaboration with real-world impacts. We chose to model our new collaboration on a laboratory—a place to experiment with a distinct interdisciplinary model for research, to develop tangible and innovative new resources, and to train the next generation of tech policy experts. With co-equal faculty directors from three distinct disciplines, and students and faculty from many more, we set out to bridge the …

Another Day At The Breach: Cyber Intrusion: A Conference Of Experts, William & Mary Law School

Law School Conferences: Ephemera

Held on March 16-17, 2018 at William & Mary Law School and Raymond A. Mason School of Business.

Is Tricking A Robot Hacking?, Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno, David O'Hair

Tech Policy Lab

The authors of this essay represent an interdisciplinary team of experts in machine learning, computer security, and law. Our aim is to introduce the law and policy community within and beyond academia to the ways adversarial machine learning (ML) alter the nature of hacking and with it the cybersecurity landscape. Using the Computer Fraud and Abuse Act of 1986—the paradigmatic federal anti-hacking law—as a case study, we mean to evidence the burgeoning disconnect between law and technical practice. And we hope to explain what is at stake should we fail to address the uncertainty that flows from the prospect that …

Cyber Law And Espionage Law As Communicating Vessels, Asaf Lubin

Books & Book Chapters by Maurer Faculty

Professor Lubin's contribution is "Cyber Law and Espionage Law as Communicating Vessels," pp. 203-225.

Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws …

Algorithmic Discrimination White Paper, Vicky Wei, Teresa Stephenson

Technology Law and Public Policy Clinic

Technological innovation has led to the prevalent use of algorithms in everyday decision making. So ubiquitous is the application of algorithms that many may not recognize its impact on their daily lives. From online shopping to applying for a home loan, algorithms are at play in categorizing and filtering individuals to serve the goal of providing more accurate and efficient results than human decisionmaking would. At the basic level, algorithms are nothing more than a series of step-by-step instructions compiled by a computer, which then analyzes swaths of data based on those instructions. However, when algorithms use incorrect variables to …

Regulating The Internet Of Things: Protecting The "Smart" Home, Beth Hutchens, Gavin Keene, David Stieber

Technology Law and Public Policy Clinic

The Internet of Things (IoT)—the internetworking of “smart” devices for the purpose of collecting and exchanging data—is developing rapidly. Estimates of the number of IoT devices currently in circulation range from 6.4 to 17.6 billion. By 2020, those numbers could reach upward of 30 billion. While the technology encourages innovation and promotes data-driven policymaking, it also compromises consumer privacy, security, and safety. Consumers are generally unaware that IoT devices transmit scores of personally-identifiable information with only rudimentary security protections in place. For some devices, inadequate security measures unnecessarily risk consumer safety by leaving the devices vulnerable to remote manipulation by …

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 …

Driverless Seattle: How Cities Can Plan For Automated Vehicles, Matthew Bellinger, Ryan Calo, Brooks Lindsay, Emily Mcreynolds, Mackenzie Olson, Gaites Swanson, Boyang Sa, Feiyang Sun

Tech Policy Lab

The advent of automated vehicles (AVs)—also known as driverless or self-driving cars—alters many assumptions about automotive travel. Foremost, of course, is the assumption that a vehicle requires a driver: a human occupant who controls the direction and speed of the vehicle, who is responsible for attentively monitoring the vehicle's environment, and who is liable for most accidents involving the vehicle. By changing these and other fundamentals of transportation, AV technologies present opportunities but also challenges for policymakers across a wide range of legal and policy areas. To address these challenges, federal and state governments are already developing regulations and guidelines …

Diverse Voices: A How-To Guide For Facilitating Inclusiveness In Tech Policy, Lassana Magassa, Meg Young, Batya Friedman

Tech Policy Lab

The importance of creating inclusive policy cannot be overstated. In response to this challenge, the UW Tech Policy Lab (TPL) developed the Diverse Voices method in 2015. The method uses short, targeted conversations about emerging technology with “experiential experts” from under-represented groups to provide feedback on draft tech policy documents. This process works to increase the likelihood that the language in the finalized tech policy document addresses the perspectives and circumstances of broader groups of people— ideally averting injustice and exclusion.

Augmented Reality: A Technology And Policy Primer, Ryan Calo, Tamara Denning, Batya Friedman, Tadayoshi Kohno, Lassana Magassa, Emily Mcreynolds, Bryce Clayton Newell, Jesse Woo

Tech Policy Lab

The vision for AR dates back at least until the 1960s with the work of Ivan Sutherland. In a way, AR represents a natural evolution of information communication technology. Our phones, cars, and other devices are increasingly reactive to the world around us. But AR also represents a serious departure from the way people have perceived data for most of human history: a Neolithic cave painting or book operates like a laptop insofar as each presents information to the user in a way that is external to her and separate from her present reality. By contrast, AR begins to collapse …

The Fda And The Rise Of The Empowered Patient, Lewis Grossman

Contributions to Books

No abstract provided.

Gigabit Internet In Seattle, Sam Méndez

Technology Law and Public Policy Clinic

On December 13, 2012 then-Mayor Mike McGinn announced a partnership between the City of Seattle, the University of Washington, and a company called Gigabit Squared that was to bring ultra high speed Internet connections to twelve neighborhoods within Seattle.1 Called Gigabit Seattle, the plan promised a fiber-to-the-premises (FTTP) network to 50,000 city households and businesses, serving over 100,000 residents.2 The letter of intent between the city and Gigabit Squared stated the company would seek $25 million in capital with the network built and operational within 24 months that would provide connection speeds to customers of up to 1000 megabits per …

Crytographic Currencies From A Tech-Policy Perspective: Policy Issues And Technical Directions, Emily Mcreynolds, Adam Learner, Will Scott, Franziska Roesner, Tadayoshi Kohno

Tech Policy Lab

We study legal and policy issues surrounding crypto currencies, such as Bitcoin, and how those issues interact with technical design options. With an interdisciplinary team, we consider in depth a variety of issues surrounding law, policy, and crypto currencies—such as the physical location where a crypto currency’s value exists for jurisdictional and other purposes, the regulation of anonymous or pseudonymous currencies, and challenges as virtual currency protocols and laws evolve. We reflect on how different technical directions may interact with the relevant laws and policies, raising key issues for both policy experts and technologists.

Autonomous Vehicle Law Report And Recommendations To The Ulc Based On Existing State Av Laws, The Ulc's Final Report, And Our Own Conclusions About What Constitutes A Complete Law, University Of Washington Technology Law And Public Policy Clinic

Technology Law and Public Policy Clinic

This report was created by the University of Washington’s Technology Law and Policy Clinic for the Uniform Law Commission (ULC). It was created at the request of Robert Lloyd, Professor of Law at the University of Tennessee and a member of the ULC’s subcommittee for autonomous vehicles. The report aims to do three things: (1) present the existing autonomous vehicle provisions on the books in California, Michigan, Florida, Nevada, and Washington, D.C.; (2) analyze these provisions, address related questions raised in the ULC’s Final Report, and make recommendations to the ULC; and (3) offer draft provision language to illustrate our …

3d Printers, James Barker, Nicholas Pleasants, Peter Montine, Shudan Zhu

Technology Law and Public Policy Clinic

A preliminary report, addressing potential market disruption, the state of the law, and recommendations on future legislative action regarding consumer-grade 3D printing.

Copyright And 3d Printing, James Barker

Technology Law and Public Policy Clinic

The implications of 3D printing are manifold, with some commentators anticipating permanent market disruption in the massive (and ill-defined) field of small physical things. I begin this paper by asserting that the opportunities afforded by 3D printing are so attractive that it is a mere matter of time before an explosion of use; but that the diffusion of manufacturing to the consumer level is poised to put individual end-users in uncomfortably close contact with intellectual property law.

By analogy to the physical CD-distribution model, and the ways in which it broke down in the Napster era, (and with sensitivity to …

Augmented Reality: Hard Problems Of Law And Policy, Franziska Roesner, Tamara Denning, Bryce Clayton Newell, Tadayoshi Kohno, Ryan Calo

Tech Policy Lab

Augmented reality (AR) technologies are poised to enter the commercial mainstream. Using an interdisciplinary research team, we describe our vision of AR and explore the unique and difficult problems AR presents for law and policy—including around privacy, free speech, discrimination, and safety.

Growing Washington's Clean Energy Economy, University Of Washington Technology Law And Public Policy Clinic

Technology Law and Public Policy Clinic

Clean energy technologies have begun to transform the national economy. Growth in this sector is expected to be as high as four-­‐fold, generating more than $2 trillion per year by 2020. Washington State has historically been a leader in the field by pursuing low-­‐carbon energy policies, such as renewable portfolio standards and green building codes. But as competition increases, Washington needs to continue to improve to stay on top. This report presents a package of proposals that address policy and technical barriers to developing Washington State’s clean energy economy.

Broadband And Economic Development, University Of Washington Technology Law And Public Policy Clinic

Technology Law and Public Policy Clinic

Technology is essential for economic growth and job creation. Ensuring Washington has 21st century digital infrastructure, such as high-speed broadband Internet access, fourth-generation (4G) wireless networks, new healthcare information technology and a modernized electrical grid, is critical to the long-term prosperity and competitiveness of our state. The Internet is a global platform for communication, commerce and individual expression, and now promises to support breakthroughs in important national priorities such as healthcare, education and energy. Additionally, the Internet and information technology can be applied to make government more effective, transparent and accessible to all Americans.

For Washington, improvement of broadband access …

Domestic Drones: Technical And Policy Issues, University Of Washington Technology And Public Policy Clinic

Technology Law and Public Policy Clinic

No abstract provided.

Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe

Books

Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – …

The Life Science Lawyer, Erin Albert

Butler University Books

Health care and life sciences are increasingly complex. There are many global players in life sciences and healthcare-patients, governments, hospitals, managed care companies, pharmaceutical, biotechnology, and medical device companies and pharmacies are only a few. With this increasing complexity comes a higher demand for hybrid professionals who can translate both the science as well as the legal issues surrounding this complicated environment. In the US, there are thousands of life science lawyers--people who have both a scientific/healthcare background and also who have gone on to law school (or in one case, vice versa). This book explores the following through interviews: …

Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman

Books

In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review …