Computer Law Commons^™

Google Searching For The Truth: Examining The Admissibility Of Internet Search History, Chisup Kim

Washington Journal of Law, Technology & Arts

The internet has become more ubiquitously available than ever before, with search engines serving as the portals to an unparalleled amount of information. As a byproduct of this phenomenon, a vast amount of internet search history has also begun to enter legal proceedings as evidence. The most intimate questions that defendants have asked their search engines have begun to be examined under the scope of the Federal Rules of Evidence or a state equivalent. This Comment examines the admissibility of internet search history and provides a general legal framework based on the Federal Rules of Evidence. Drawing upon six cases, …

Everybody Wants To Rule The World: Central Bank Digital Currencies In The Era Of Decoupling The World’S Two Largest Economies, James M. Cooper

Washington Journal of Law, Technology & Arts

Some 130 central banks around the world are experimenting with various levels of a central bank digital currency (“CBDC”), a digitized form of a sovereign-backed, national currency that is a liability of that country’s central bank. Unlike fiat currency, CBDCs are trackable and potentially subject to interference and even freezing by government authorities. CBDCs will affect citizens’ control over commerce, payments, and savings, and impact their privacy rights. The Chinese government has piloted, refined, and rolled out its own CBDC called the Digital Currency/Electronic Payment initiative (“DC/EP”), also known as the digital yuan or e-CNY. The Chinese government is far …

When Ai Remembers Too Much: Reinventing The Right To Be Forgotten For The Generative Age, Cheng-Chi Chang

Washington Journal of Law, Technology & Arts

The emergence of generative artificial intelligence (AI) systems poses novel challenges for the right to be forgotten. While this right gained prominence following the 2014 Google Spain v. Gonzalez case, generative AI’s limitless memory and ability to reproduce identifiable data from fragments threaten traditional conceptions of forgetting. This Article traces the evolution of the right to be forgotten from its privacy law origins towards an independent entitlement grounded in self-determination for personal information. However, it contends the inherent limitations of using current anonymization, deletion, and geographical blocking mechanisms to prevent AI models from retaining personal data render forgetting infeasible. Moreover, …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

D-Hacking, Emily Black, Talia B. Gillis, Zara Hall

Faculty Scholarship

Recent regulatory efforts, including Executive Order 14110 and the AI Bill of Rights, have focused on mitigating discrimination in AI systems through novel and traditional application of anti-discrimination laws. While these initiatives rightly emphasize fairness testing and mitigation, we argue that they pay insufficient attention to robust bias measurement and mitigation — and that without doing so, the frameworks cannot effectively achieve the goal of reducing discrimination in deployed AI models. This oversight is particularly concerning given the instability and brittleness of current algorithmic bias mitigation and fairness optimization methods, as highlighted by growing evidence in the algorithmic fairness literature. …

Governing The Metaverse, Jesse Valente

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley

University of Cincinnati Law Review

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …

The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson

University of Cincinnati Law Review

This Article sheds light on a unique but centrally important “twenty-first century” issue involving electronic discovery in federal civil litigation that is just beginning to percolate in federal district courts. Historically, courts have held that a document attached to or enclosed with another document must be produced together when produced in response to a discovery request, as that is how the document was “kept in the usual course of business” and how it is “ordinarily maintained or in a reasonably usable form,” as the Federal Rules of Civil Procedure have required for decades. Today, parties are pushing back on whether …

Ten Thousand Ai Systems Typing On Keyboards: Generative Ai In Patent Applications And Preemptive Prior Art

Vanderbilt Journal of Entertainment & Technology Law

Generative AI makes it possible to create unlimited amounts of text at essentially zero cost. While this technology has many benefits, it can also be used in ways that undermine the goals of the patent system. This Article identifies policy solutions to address the potentially anti-innovative application of generative AI in several patent-related contexts. First, it examines the use of AI to publish massive online databases of preemptive prior art intended to foreclose patentability. This Article argues that computer-generated invention descriptions published without any substantive nexus to human understanding of their contents should not count as “printed publications” under US …

Improving Ethics Surrounding Collegiate-Level Hacking Education: Recommended Implementation Plan & Affiliation With Peer-Led Initiatives, Shannon Morgan, Dr. Sanjay Goel

Military Cyber Affairs

Cybersecurity has become a pertinent concern, as novel technological innovations create opportunities for threat actors to exfiltrate sensitive data. To meet the demand for professionals in the workforce, universities have ramped up their academic offerings to provide a broad range of cyber-related programs (e.g., cybersecurity, informatics, information technology, digital forensics, computer science, & engineering). As the tactics, techniques, and procedures (TTPs) of hackers evolve, the knowledge and skillset required to be an effective cybersecurity professional have escalated accordingly. Therefore, it is critical to train cyber students both technically and theoretically to actively combat cyber criminals and protect the confidentiality, integrity, …

Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie

Military Cyber Affairs

Understanding of the intersection of cyber vulnerabilities and bioprocess regulation is critical with the rise of artificial intelligence and machine learning in manufacturing. We detail a case study in which we model cyberattacks on network-mediated signals from a novel bioreactor, where it is important to control medium feed rates to maintain cell proliferation. We use a digital twin counterpart reactor to compare glucose and oxygen sensor signals from the bioreactor to predictions from a kinetic growth model, allowing discernment of faulty sensors from hacked signals. Our results demonstrate a successful biomanufacturing cyberattack detection system based on fundamental process control principles.

Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu

Military Cyber Affairs

Effective cyber defense must build upon a deep understanding of real-world cyberattacks to guide the design and deployment of appropriate defensive measures against current and future attacks. In this abridged paper (of which the full paper is available online), we present important concepts for understanding Advanced Persistent Threats (APTs), our methodology to characterize APTs through the lens of attack flows, and a detailed case study of APT28 that demonstrates our method’s viability to draw useful insights. This paper makes three technical contributions. First, we propose a novel method of constructing attack flows to describe APTs. This abstraction allows technical audiences, …

Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar

Military Cyber Affairs

Outer space is a strategic and multifaceted domain that is a crossroads for political, military, and economic interests. From a defense perspective, the U.S. military and intelligence community rely heavily on satellite networks to meet national security objectives and execute military operations and intelligence gathering. This paper examines the evolving threat landscape of the space sector, encompassing natural and man-made perils, emphasizing the rise of cyber threats and the complexity introduced by dual-use technology and commercialization. It also explores the implications for security and resilience, advocating for collaborative efforts among international organizations, governments, and industry to safeguard the space sector.

Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora

Military Cyber Affairs

In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.

Train Or Restrain? Using International Perspectives To Inform The American Fair Use Analysis Of Copyright In Generative Artificial Intelligence Training, Serena Lightstone

Northwestern Journal of International Law & Business

The rise of generative artificial intelligence (“AI”) has brought questions regarding the permissibility of using copyrighted materials in training generative AI systems around the globe. This article examines whether such use constitutes infringement under the American fair use doctrine, drawing insights from the regulatory approaches of the European Union (EU) and Japan.

Ultimately, this article advocates for United States courts to recognize the permissibility of using copyrighted materials in training generative AI models, rejecting the EU’s rights-holder-centric approach, and going beyond Japan’s limited-permissibility solution. Through a detailed four-factor fair use analysis, this article demonstrates that training generative AI on copyrighted …

Future Market Blueprints: Harnessing Artificial Intelligence In A World Wired For Wonder, David Temprano

Northwestern Journal of International Law & Business

George, Jane, and the gang from The Jetsons promised us the dream to soar with flying cars. Well, we move forward with self-driving cars. Robot maids? Well, we got a handy dandy Roomba. The Turn-off-the-Boss Button? Well, we have screen share toggling and the mute button. What each of these examples has in common is artificial intelligence (AI). According to some estimates, AI and its innovation have the potential to boost the global economy by trillions of dollars a year, revolutionizing society in the process. In this process comes progress, but also worry and questions, law and intervention, along with …

Promoting Due Diligence: The Role Of The Gramm-Leach-Bliley Act, And Information Security Standards On Financial Institutions Protecting Consumers' Non-Public Personal Information (Npi), Thomas G. Caballero

2024 Spring Honors Capstone Projects - Archive

The Graham-Leach-Bliley Act (GLBA) protects consumer financial privacy and limits what information can be disclosed by a financial institution to non-affiliated third parties. In accordance with the GLBA, the FTC is required to enforce the Privacy of Consumer Financial Information Rule. This thesis uses information from scholarly peer-reviewed articles and reports on compliance standards in storing consumer non-public data and data breaches to depict the current impact of information security compliance in the financial sector. Supported by statistics and quantitative analysis in the areas of cybersecurity laws and industry standards that promote the due diligence of compliance efforts in protecting …

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito

Pepperdine Law Review

With the rapidly expanding sophistication of artificial intelligence systems, their reliability, and cost-effectiveness for solving problems, the current trend of admitting testimony based on artificially intelligent (AI) systems is only likely to grow. In that context, it is imperative for us to ask what rules of evidence judges today should use relating to such evidence. To answer that question, we provide an in-depth review of expert systems, machine learning systems, and neural networks. Based on that analysis, we contend that evidence from only certain types of AI systems meet the requirements for admissibility, while other systems do not. The break …

All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young

Washington Journal of Law, Technology & Arts

The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …

Constitutional Rights Of Artificial Intelligence, Mizuki Hashiguchi

Washington Journal of Law, Technology & Arts

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for artificial intelligence to be created?

Extending constitutional rights to artificial intelligence may be consistent with the jurisprudential history of rights. Constitutional rights have undergone metamorphosis over time to protect new …

Rembrandt’S Missing Piece: Ai Art And The Fallacies Of Copyright Law, Eleni Polymenopoulou

Washington Journal of Law, Technology & Arts

This article discusses contemporary problems related to Artificial Intelligence (AI), law and the visual arts. It suggests that the fallacies of copyright law are already visible in legal conundrums raised by AI in the creative sector. These include, for instance, the lack of uniformity in relation to creations’ copyrightability, the massive scale of copyright infringement affecting visual artists and the creative industry, and the difficulties in implementing media regulation and cyber-regulation. The deeply cherished ‘human authorship’ criterion that was sustained recently by a US Federal Appeals Court in Thaler, in particular, is a short-term solution to the legal challenges …