Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (37)
- Intellectual Property Law (17)
- Internet Law (15)
- International Law (7)
- National Security Law (7)
-
- Law Enforcement and Corrections (5)
- Computer Law (4)
- Fourth Amendment (4)
- Privacy Law (4)
- Antitrust and Trade Regulation (3)
- Communications Law (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Health Law and Policy (3)
- Legal Writing and Research (3)
- Civil Rights and Discrimination (2)
- Comparative and Foreign Law (2)
- International Humanitarian Law (2)
- International Trade Law (2)
- Law and Race (2)
- Legal Education (2)
- Business Organizations Law (1)
- Commercial Law (1)
- Courts (1)
- Evidence (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- Secured Transactions (1)
- Supreme Court of the United States (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 50
Full-Text Articles in Law
Two Visions Of Digital Sovereignty, Sujit Raman
Two Visions Of Digital Sovereignty, Sujit Raman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Joint PIJIP/TLS Research Paper Series
The Centre for Information Policy Leadership (CIPL) and Tech, Law & Security Program (TLS) have been collaborating on a project regarding data localization policies. As data localization is increasingly gaining traction, we seek to understand the different dimensions of the impacts and effectiveness of these policies. As part of this collaboration—CIPL published a paper on the “real life” business, societal, and consumer impacts of data localization policies and TLS published the present paper on whether data localization measures are legally effective in achieving one of their main ostensible purposes, i.e., to prevent foreign government access to data.
Regulating The Use Of Military Human Enhancements That Can Cause Side Effects Under The Law Of Armed Conflict: Towards A Method-Based Approach, Yang Liu
American University National Security Law Brief
The development of human enhancement (HE) technology has rendered its military potential increasingly noticed by major military powers. It can be expected that “enhanced warfighters” or “super soldiers” will be used on the battleground in the foreseeable future, which can give rise to many legal issues.
Letter Form The Editor, Wayne Rash, Iii
Letter Form The Editor, Wayne Rash, Iii
American University National Security Law Brief
In our last issue of The National Security Law Brief, Vol. 13, No. 1, we highlighted the dynamism that makes National Security Law such an exciting field. In this issue, No. 2, we continue with the dynamism theme. National security law is a field in constant change that often leaves us questioning how these changes will shape the law.
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
American University National Security Law Brief
Artificial Intelligence (AI) is enabling rapid technological innovation and is ever more pervasive, in a global technological eco-system lacking suitable governance and absence of regulation over AI-enabled technologies. Australia is committed to being a global leader in trusted secure and responsible AI and has escalated the development of its own sovereign AI capabilities. Military and Defence organisations have similarly embraced AI, harnessing advantages for applications supporting battlefield autonomy, intelligence analysis, capability planning, operations, training, and autonomous weapons systems. While no regulation exists covering AI-enabled military systems and autonomous weapons, these platforms must comply with International Humanitarian Law, the Law of …
Persistent Surveillance, Andrew Guthrie Ferguson
Persistent Surveillance, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
Persistent surveillance technologies grant police vast new investigative capabilities. The technologies both monitor targeted areas and generate databases of searchable information about people, places, and patterns that can be connected and accessed for criminal prosecutions.
In the face of this growing police surveillance, courts have struggled to make sense of a fragmented Fourth Amendment doctrine. The Supreme Court has offered some clues that “digital may be different” when it comes to surveillance, but lower courts have been left struggling to apply old law to new technologies. Warrantless use of persistent surveillance technologies raises hard questions about when a “search” occurs …
Blockchain & Secured Transactions Proceedings Of The 2021 Spring Conference: The Impact Of Blockchain On The Practice Of Law: Presentation 4, Heather Hughes
Blockchain & Secured Transactions Proceedings Of The 2021 Spring Conference: The Impact Of Blockchain On The Practice Of Law: Presentation 4, Heather Hughes
Articles in Law Reviews & Other Academic Journals
Secured transactions are governed by Uniform Commercial Code Article 9. UCC Article 9 governs any extension of credit secured by personalty. If you think about it, this statute governs a massive swath of market activity: secured credit facilities, margin trading of securities, asset securitizations, and purchase money transactions for goods, I could name more. But it's a statute that's very wide ranging. Given this expansive scope, blockchain-based transaction platforms have numerous implications for lawyers who deal with secured transactions. In my brief time here, I'm going to identify just two of them.
Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart
Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Navigating The Transition To A More Innovation-Centric Antitrust (Review Of Richard J. Gilbert, Innovation Matters), Jonathan Baker
Navigating The Transition To A More Innovation-Centric Antitrust (Review Of Richard J. Gilbert, Innovation Matters), Jonathan Baker
Book Reviews
Review of Richard J. Gilbert Innovation Matters: Competition Policy for the High-Technology Economy MIT Press 2020
A Tale Of Two Interoperabilities; Or, How Google V. Oracle Could Become Social Media Legislation, Charles Duan
A Tale Of Two Interoperabilities; Or, How Google V. Oracle Could Become Social Media Legislation, Charles Duan
Articles in Law Reviews & Other Academic Journals
The Supreme Court'srecent decision in Google LLC v. Oracle America, Inc. has provided the latest word on an issue that many have described as "interoperability," and it comes at a time when lawmakers around the world are debating a policy called "interoperability" with respect to majorInternetplatforms. At first glance, these two similarly named policy conversations copyright protection of software interfaces and interconnection among competing Internet platforms, respectively have little to do with each other. Yet they are vitally intertwined: the activities and issues featured in Google are so closely linked to the questions of digital competition that interoperability reforms directed …
Hacking Antitrust: Competition Policy And The Computer Fraud And Abuse Act, Charles Duan
Hacking Antitrust: Competition Policy And The Computer Fraud And Abuse Act, Charles Duan
Articles in Law Reviews & Other Academic Journals
The Computer Fraud and Abuse Act, a federal computer trespass statute that prohibits accessing a computer "without authorization or exceeding authorized access," has often been criticized for clashing with online norms, over-criminalizing common behavior, and infringing freedom-of-expression interests. These controversies over the CFAA have raised difficult questions about how the statute is to be interpreted, with courts of appeals split on the proper construction and the Supreme Courtset to consider the law in its current October Term 2020.
This article considers the CFAA in a new light, namely its effects on competition. Rather than merely preventing injurious trespass upon computers, …
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo, or identifying every person who walks past a digital camera, the privacy and security impacts of facial recognition are profound and troubling.
This Article explores the constitutional design problem at the heart of facial recognition surveillance systems. One might hope that the Fourth Amendment – designed to restrain police power and enacted to limit governmental overreach – would have something to say …
Brief For The Coalition Against Patent Abuse As Amicus Curiae In Support No Party, Charles Duan
Brief For The Coalition Against Patent Abuse As Amicus Curiae In Support No Party, Charles Duan
Amicus Briefs
Perhaps unexpectedly, a case on the constitutionality of the Patent Trial and Appeal Board has major significance to the pressing policy crisis of drug prices in the United States. Erroneously issued patents monopolize medical therapies, making them unaffordable or inaccessible to numerous Americans. The inter partes review proceedings that the Board conducts have repeatedly and successfully overcome such patents, enabling competition and dramatically lowering prices. This Court should ensure the continued viability of the Board and of inter partes review, by preserving the Board’s objectivity and independence from executive branch political influence.
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
City infrastructure is getting smarter. Embedded smart sensors in roads, lampposts, and electrical grids offer the government a way to regulate municipal resources and the police a new power to monitor citizens. This structural sensor surveillance, however, raises a difficult constitutional question: Does the creation of continuously-recording, aggregated, long-term data collection systems violate the Fourth Amendment? After all, recent Supreme Court cases suggest that technologies that allow police to monitor location, reveal personal patterns, and track personal details for long periods of time are Fourth Amendment searches which require a probable cause warrant. This Article uses the innovation of smart …
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Who's Afraid Of Section 1498? A Case For Government Patent Use In Pandemics And Other National Crisis, Charles Duan, Christopher J. Morten
Who's Afraid Of Section 1498? A Case For Government Patent Use In Pandemics And Other National Crisis, Charles Duan, Christopher J. Morten
Articles in Law Reviews & Other Academic Journals
COVID-19 has created pressing and widespread needs for vaccines, medical treatments, PPE, and other medical technologies, needs that may conflict--indeed, have already begun to conflict--with the exclusive rights conferred by United States patents. The U.S. government has a legal mechanism to overcome this conflict: government use of patented technologies at the cost of government paid compensation under 28 U. S.C. § 1498. But while many have recognized the theoretical possibility of government patent use under that statute, there is today conventional wisdom that § 1498 is too exceptional, unpredictable, and dramatic for practical use, to the point that it ought …
Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan
Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan
Articles in Law Reviews & Other Academic Journals
Recently, Congress has considered legislation to amend§ 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court's precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.
This article considers some less-discussed consequences of that draft legislative proposal. The legislation likely opens the door to patenting of subject …
Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Charles Duan
Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Charles Duan
Articles in Law Reviews & Other Academic Journals
It was certainly an odd thing for the Department of Justice attorney arguing for the United States to appear before the Ninth Circuit to tell the appellate judges that a federal agency was wrong. This was what happened in a Federal Trade Commission enforcement action against Qualcomm Inc., a semiconductor technology company. As a substantial holder of patents on mobile communications technologies and also a leading manufacturer of chips used in that same industry, the FTC charged Qualcomm with anticompetitive conduct; the district court agreed and enjoined Qualcomm from certain patent licensing practices. It was that award of injunctive relief …
Brief Fof The R Street Institutte, Public Knowledge, And The Niskanen Center As Amici Curiae In Support Of Petitioner, Charles Duan, Meredith F. Rose
Brief Fof The R Street Institutte, Public Knowledge, And The Niskanen Center As Amici Curiae In Support Of Petitioner, Charles Duan, Meredith F. Rose
Amicus Briefs
The Java SE declarations of this case are simply a language of commands. As an application programming interface, or API, they exhibit features common to any language: a structured vocabulary and grammatical syntaxes, which a computer system understands as instructions to perform predefined tasks. What Oracle accuses as infringement is “reimplementation,” namely the building of a system, in this case Google’s Android platform, that repurposes the same words and syntaxes of the Java declarations.
Race, Education, And Technology: How The Expansion Of “E-Rate” Could Alleviate Educational Inequalities From Online Education Exacerbated By Covid-19, Michael "Troy" Hatcher
Race, Education, And Technology: How The Expansion Of “E-Rate” Could Alleviate Educational Inequalities From Online Education Exacerbated By Covid-19, Michael "Troy" Hatcher
Upper Level Writing Requirement Research Papers
No abstract provided.
What Didn't Happen: An Essay In Speculation, Peter Jaszi
What Didn't Happen: An Essay In Speculation, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
Most of us held off celebrating the beginning of a renewed slow trickle of works into copyright's public domain until the first seconds of New Year's Day, 2019, but (if it hadn't been so early in the day), we would have been entitled to raise a glass at 4:04 PM on the preceding December 27th, when the last substantive business undertaken in 2018 by either house of Congress was concluded in the Senate. (Like the House, which wrapped up its business at 4:02, the World's Greatest Deliberative Body had convened that day at 4:00.) At that moment, a last-minute push …
Predictive Policing Theory, Andrew Guthrie Ferguson
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 …
Brief Of The R Street Institute As Amicus Curiae In Support Of Petitioner, Charles Duan
Brief Of The R Street Institute As Amicus Curiae In Support Of Petitioner, Charles Duan
Amicus Briefs
It is a common but misleading premise of cases such as this one that the disappointed patent applicant has two options for judicial review: a 35 U.S.C. § 145 district court action and an appeal under 35 U.S.C. § 141. The applicant also has a non-judicial option: administrative remedies within the U.S. Patent and Trademark Office.
These administrative remedies add an important dimension to this case. The Court of Appeals adopted what it conceded was an atextual construction of § 145 expense recovery provision in order to ensure that § 145 actions were not cost-prohibitive to “small businesses and individual …
Internet Of Infringing Things: The Effect Of Computer Interface Copyrights On Technology Standards, Charles Duan
Internet Of Infringing Things: The Effect Of Computer Interface Copyrights On Technology Standards, Charles Duan
Articles in Law Reviews & Other Academic Journals
You connect to the Internet via your Wi-Fi access point. You surf the Web using a browser and send emails through your email server. You probably use some USB peripherals-say a mouse, keyboard, or printer. Maybe you even watch cable or broadcast television.
Under current case law, each of those computer systems and devices may very well be copyright-infringing contraband. This is through no fault of your own-you need not be pirating music or streaming illegal movies to infringe a copyright. The infringement simply exists, hard-wired within each of those devices and many more that you use, a result of …
Atrocity Prevention In The New Media Landscape, Rebecca Hamilton
Atrocity Prevention In The New Media Landscape, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan
Amicus Briefs
Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.
Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal
Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal
Articles in Law Reviews & Other Academic Journals
In Google v. Equustek, the Supreme Court of Canada ordered Google to delist all websites used by Datalink, a company that stole trade secrets from Equustek, a Canada-based information technology company. Google had agreed to do so in part, but with respect to searches that originated from google.ca only, the default browser for those in Canada. Equustek however, argued the takedowns needed to be global in order to be effective. It thus sought an injunction ordering Google to delist the allegedly infringing websites from all of Google's search engines whether accessed from google.ca, google.com, or any other entry point. Google …
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Illuminating Black Data Policing, Andrew Ferguson
Illuminating Black Data Policing, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. The benefits of big data policing involve smarter policing, faster investigation, predictive deterrence, and the ability to visualize crime problems in new ways. Not surprisingly then, police administrators have been seeking out new partnerships with sophisticated private data companies and experimenting with new surveillance technologies. This potential future, however, has a very present limitation. It is a limitation largely ignored by adopting jurisdictions and could, if left unaddressed, delegitimize the adoption and use …
Concluding Observations On Sovereignty In Cyberspace, Gary Corn, Robert Taylor
Concluding Observations On Sovereignty In Cyberspace, Gary Corn, Robert Taylor
Articles in Law Reviews & Other Academic Journals
In Sorerejgntyin Cyberspace: Lex Lata Vel Non?, Michael Schmitt and Liis Vihul argue that territorial sovereignty is a primary rule of international law that limits cyber activities. They recognize, however, that not all cyber effects constitute violations of territorial sovereignty, and like Rule 4 in the Tallinn Manual 2.0 and its commentary, they acknowledge a distinct lack of consensus among the Tallinn participants on the critical question of applicable thresholds. Problematically, they do not identify the necessary state practice and opinio juris that would be required to establish either the primary rule that they proffer or the existence and contours …