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Articles 1 - 11 of 11
Full-Text Articles in Law
Deepfake Fight: Ai-Powered Disinformation And Perfidy Under The Geneva Conventions, David Nicholas Allen
Deepfake Fight: Ai-Powered Disinformation And Perfidy Under The Geneva Conventions, David Nicholas Allen
Notre Dame Journal on Emerging Technologies
Deception and disinformation are as much a part of the battlefield as bullets and bombs. However, just like with bullets and bombs, if the law does not properly regulate a capability’s use the capability could degrade faith in the law. In this respect, this paper examines deepfake technology, a modern artificial intelligence-based capability that can generate superficially-perfect yet wholly invented media content. The paper looks ahead to its potential future applications in armed conflict, processes the ways in which current law contemplates such deception, and distills recommendations for improving governance where needed.
In Defense Of (Virtuous) Autonomous Weapons, Don Howard
In Defense Of (Virtuous) Autonomous Weapons, Don Howard
Notre Dame Journal on Emerging Technologies
I will argue, we can construct effective means for norming the use of autonomous weapons short of a total ban by building upon the foundation of existing requirements stipulated in Article 36 of Protocol I to the Geneva Conventions that all new weapons technologies be reviewed for compliance with the International Law of Armed Conflict (ILOAC) and International Humanitarian Law (IHL). I begin with a critical review of several of the most commonly encountered arguments in favor of a ban. That is followed by a discussion of the moral opportunities afforded by enhanced autonomy. I conclude with a concrete policy …
Ethical Ai In American Policing, Elizabeth E. Joh
Ethical Ai In American Policing, Elizabeth E. Joh
Notre Dame Journal on Emerging Technologies
We know there are problems in the use of artificial intelligence in policing, but we don’t quite know what to do about them. One can also find many reports and white papers today offering principles for the responsible use of AI systems by the government, civil society organizations, and the private sector. Yet, largely missing from the current debate in the United States is a shared framework for thinking about the ethical and responsible use of AI that is specific to policing. There are many AI policy guidance documents now, but their value to the police is limited. Simply repeating …
Note: Structured Psychometrics In Biglaw Talent Acquisition: Ai-Driven Quantitative Fit, Joseph J. Kim
Note: Structured Psychometrics In Biglaw Talent Acquisition: Ai-Driven Quantitative Fit, Joseph J. Kim
Notre Dame Journal on Emerging Technologies
This Note combines a number of perspectives and disciplines to proffer a unique suggestion toward recognizing better talent and acquiring a new intraindustry competitive edge.
Note: Regulating Artificial Intelligence: A Call For A United States Artificial Intelligence Agency, Noah John Kahekili Rosenberg
Note: Regulating Artificial Intelligence: A Call For A United States Artificial Intelligence Agency, Noah John Kahekili Rosenberg
Notre Dame Journal on Emerging Technologies
this Note draws upon two examples of emerging AI technologies that demonstrate the need for federal regulation: autonomous vehicles (i.e., self-driving cars) and algorithm-based hiring software. Part I illustrates the public safety concerns associated with AI technologies by outlining the inadequacy of existing laws and regulations on autonomous vehicles. Part II addresses the shortcomings of current regulations on algorithm-based hiring software and the issue of discrimination and inherent bias in AI. Part III recommends the creation of a new federal agency to guide AI regulation and enforcement.
The Centrality Of Data And Compute For Ai Innovation: A Blueprint For The National Research Cloud, Daniel E. Ho, Jennifer King, Russell C. Wald, Christopher Wan
The Centrality Of Data And Compute For Ai Innovation: A Blueprint For The National Research Cloud, Daniel E. Ho, Jennifer King, Russell C. Wald, Christopher Wan
Notre Dame Journal on Emerging Technologies
From the introduction: Artificial intelligence (AI) appears poised to transform the economy across sectors ranging from healthcare and finance to retail and education. What some have coined the “Fourth Industrial Revolution” is driven by three key trends: greater availability of data, increases in computing power, and improvements to algorithm design. First, increasingly large amounts of data have fueled the ability for computers to learn, such as by training an algorithmic language model on all of Wikipedia. Second, better computational capacity (often termed “compute”) and compute capability have enabled researchers to build models that were unimaginable merely ten years ago, spanning …
Breakfast With Q-A-Mom: Understanding & Combatting The Stealth Threat Of Women Engaged With Digital Domestic Terrorist Organizations, Leah A. Plunkett
Breakfast With Q-A-Mom: Understanding & Combatting The Stealth Threat Of Women Engaged With Digital Domestic Terrorist Organizations, Leah A. Plunkett
Notre Dame Journal on Emerging Technologies
This essay proceeds in three parts. It provides (1) a high-level description of what QAnon is and who the Q-A-Moms are; (2) an analysis of how and why women join QAnon, importing the general “quest for personal significance” framework (characterized by “need[s], network, and narrative”) from researchers in psychology to legal scholarship for this specific query into Q-A-Moms; and (3) an initial thought challenge to building the solution space for combatting the threat Q-A-Moms pose. This approach takes the core of the Facebook Supreme Court model (creating new quasi-judicial and law enforcement structures within the private digital sector to address …
Big Proctor: Online Proctoring Problems And How Ferpa Can Promote Student Data Due Process, Elana Zeide
Big Proctor: Online Proctoring Problems And How Ferpa Can Promote Student Data Due Process, Elana Zeide
Notre Dame Journal on Emerging Technologies
When the pandemic forced schools to shift to remote education, school administrators worried that unsupervised exams would lead to widespread cheating. Many turned to online proctoring technologies that use facial recognition, algorithmic profiling, and invasive surveillance to detect and deter academic misconduct. It was an “epic fail.”. Intrusive and unproven remote proctoring systems turned out to be inaccurate, unfair—and often ineffectual. The software did not account for foreseeable student diversity, leading to misidentification and false flags that disadvantaged test-takers from marginalized communities. Educators implemented proctoring software without sufficient transparency, training, and oversight. As a result, students suffered privacy, academic, reputational, …
Note: Trust In The Digital Marketplace: Amazon, Third-Party Sellers, And Informational Fiduciaries, Jesse-Paul Crane
Note: Trust In The Digital Marketplace: Amazon, Third-Party Sellers, And Informational Fiduciaries, Jesse-Paul Crane
Notre Dame Journal on Emerging Technologies
The rise of e-commerce has created a number of online marketplaces where digital platforms connect buyers and sellers. Consumers use platforms like Amazon, Etsy, Instacart, Uber, Lyft, and Airbnb to purchase goods and services from third parties while the platform itself takes a fee for operating the marketplace. Online platforms are not the only businesses that use such a “two-sided” marketplace model. The Supreme Court recently addressed antitrust concerns in this type of marketplace in Ohio v. Am. Express Co. 1 Two-sided markets invoke a number of novel legal issues that impact both those who buy and sell over them, …
Note: Self-Regulation By The Private Industry And Its Effectiveness In Today's Online Environment, Stephanie Wong
Note: Self-Regulation By The Private Industry And Its Effectiveness In Today's Online Environment, Stephanie Wong
Notre Dame Journal on Emerging Technologies
Over 30 years ago, self-regulation served as a hopeful potential regulatory framework that would allow private companies to provide effective privacy protections for consumers. The aspiration for a data protection self-regulation regime arose due to the emergence and development of online commercial activity. E-commerce benefited companies that conducted business online but presented new challenges for the protection of consumer data. The Federal Trade Commission encouraged companies that collect consumer data to develop their own forms of self-regulation to protect the personal data of online consumers. If properly implemented, self-regulation promised efficient reorganization of privacy protections to meet the challenges of …
The "Prime Factors" Of Quantum Cryptography Regulation, Lindsay Rand, Theodore Rand
The "Prime Factors" Of Quantum Cryptography Regulation, Lindsay Rand, Theodore Rand
Notre Dame Journal on Emerging Technologies
This Article asserts cryptography to be a critical starting point, as it could be a task for limited scope quantum computers with severe consequences. This Article surveys the risks of quantum computers to encryption and the applicable policy and legal levers to address concerns. As this Article shows, lawmakers must reassess regulations for the exportation of cryptographic products for the quantum regime. For example, current export regulations focus on bit length–which quantum cryptography directly undermines. Further, current controls prevent dispersion of physical products, while a rapidly growing amount of classical and, particularly quantum, computing now takes place “on the cloud.” …