Computer Law Commons^™

Pwnagotchi: Deauthentication Attacks, Wpa Handshakes, And Wireless Network Security, Emily Musgrove

Computer Science Honors Papers

Wireless networks are the foundation of modern device communication infrastructure. This project examines the security implications of automated WPA/WPA2 handshake collection using the Pwnagotchi, a portable Wi-Fi network auditing and penetration testing device. The paper provides a technical analysis of WPA and WPA2 authentication mechanisms, including the structure of the 4-way handshake, the creation of cryptographic keys, and the role of deauthentication attacks in forcing reconnections for handshake capture. Additionally, the project explores the vulnerabilities associated with using legacy wireless security protocols such as WEP and TKIP to allow for older technologies that continue to require such encryption methods. This …

The Double-Edged Sword Of Ai In Elections: Navigating Risks And Opportunities In Washington State, Payvand Khastkhodaei

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Reconceiving Safety Regulation For Ai And Ml Medical Software, Barbara J. Evans, Eric S. Rosenthal, Azra Bihorac

Vanderbilt Journal of Entertainment & Technology Law

This article explores the challenges of regulating AI and ML clinical decision support tools intended to assist trained health care professionals in delivering clinical care. Two old, twentieth-century regulatory models have dominated discussions of medical AI policy since 2013. Thinking inside these old regulatory boxes has not produced effective regulatory solutions to address the novel risks AI poses in clinical care. The first regulatory box treats software as a medical device, which tasks medical device regulators with making software safe but neglects the crucial roles physicians, nurses, administrators, medical practice regulators, and other health oversight bodies must also play to …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Washington Journal of Law, Technology & Arts

Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid agency generates valuable outputs but collapses attribution, irreducibly entangling human and machine inputs. This fundamental unmappability fractures doctrines that assume traceable provenance—authorship, inventorship, and liability—yielding ownership gaps and moral “crumple zones.”

This Article argues that only functional equivalence stabilizes doctrine. Where provenance is indeterminate, legal frameworks must treat human and AI contributions as equivalent for allocating rights and responsibility—not as a claim …

Mitigating Data Privacy Risks In Political Micro-Targeting Through Gdpr-Compliant Federated Learning: Lessons From The Cambridge Analytica Controversy, Jingfan (Serena) Xiao

Marquette Intellectual Property & Innovation Law Review

Political micro-targeting employs granular data analytics to deliver hyper- personalized political messaging, raising fundamental tensions between electoral strategy, data privacy, and democratic accountability. The Facebook- Cambridge Analytica scandal exposed significant gaps in pre-GDPR data protection laws, highlighting the risks of unchecked algorithmic profiling in shaping voter behavior. However, as micro-targeting evolves under more sophisticated AI-driven systems, a pressing question emerges: should AI- generated political messaging qualify for First Amendment protection? This Article introduces the concept of speech certainty, arguing that speech must be intentional and cognitively understood by the speaker at the moment of articulation to warrant constitutional protection. Under …

Judging Art: Copyright, Creativity, And The Meaning Of Art In The Eyes Of The Law, Scott J. Sholder

Marquette Intellectual Property & Innovation Law Review

This Article examines how copyright law defines creativity and authorship in an era of rapidly evolving artistic expression, with particular emphasis on generative artificial intelligence. Tracing the development of U.S. copyright law from its constitutional foundations through modern case law, the author explores the legal standards governing originality, fixation, human authorship, and the idea-expression dichotomy. The Article analyzes how these principles have been applied to both traditional and emerging forms of art, including conceptual, performance, appropriation, digital, and AI-generated works. It also examines recent guidance from the U.S. Copyright Office and evolving judicial decisions addressing the copyrightability of AI-assisted and …

Information Law Pluralism, Hannah Bloch-Wehba

Faculty Scholarship

Information-intensive activities are reshaping political, social, and economic institutions. As they respond to these shifts, legislators and regulators are embracing information as a regulatory device for tech. Far from limiting themselves to public disclosure, consumer notice, and other traditional mechanisms of fostering transparency and information flows, however, legislators are using other, more nuanced tools to incentivize regulated entities to obtain, generate, and share information.

This Article maps the landscape of the emerging information-based regimes for regulating tech and assesses their conceptual and practical implications. It canvasses an extensive set of recently enacted laws regulating the information economy and shows that, …

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …

The Proactive Approach Of Artificial Intelligence In Monitoring And Analyzing Illegal Money Laundering Operations In The Virtual World, Ammar Yasser El-Bably

Journal of Police and Legal Sciences

The research dealt with the proactive method of artificial intelligence in monitoring and analyzing non-suspicious operations of money laundering in the virtual world, especially the Internet and dark web, where it dealt with the risks created for those networks and their exploitation for the benefit of terrorist and criminal organizations, money laundering, the purchase of weapons and drugs, human trafficking and financial fraud, where Internet users around the world reached 5 billion users, and the volume of money laundering crimes became 2.8 Trillion dollars, according to United Nations and International Monetary Fund statistics 2023 AI applications where algorithms, machine learning, …

Fine-Tuning Llms: Structural Fluency And Augmentation For The Great And Powerful Wizard Of Ai, Verónica C. Gonzales

Duke Law & Technology Review

The civil legal tradition carries assumptions, biases, and attitudes rooted in racism and ideologies intended to protect the (im)balance of power. This moment in history offers new versions of the same challenges with the integration of artificial intelligence (“AI”) and large language models (“LLMs”) into legal frameworks, and those critiques are being addressed in the legal discourse. Building on these perspectives, this moment also offers civil legal professionals a chance to engage in machine learning frameworks informed by social justice principles and accountable to measures of “equal justice for all.” The perception of fairness in the use of these tools …

Determinants Of Socially Responsible Ai Governance, Daryl Lim

Duke Law & Technology Review

The signing of the first international AI treaty by the United States, European Union, and other nations marks a pivotal step in establishing a global framework for AI governance, ensuring that AI systems respect human rights, democracy, and the rule of law. This article advances the concepts of justice, equity, and the rule of law as yardsticks of socially responsible AI—from development through deployment—to ensure that AI technologies do not exacerbate existing inequalities but actively promote fairness and inclusivity. Part I explores AI’s potential to improve access to justice for marginalized communities and small and medium-sized law firms while scrutinizing …

Copyright Doctrine Before The Tribunal Of Science: A Response To Professor Silbey, Mateusz Blaszczyk

Scholarly Works

In an important new Article, titled A Matter of Facts: The Evolution of the Copyright Fact-Exclusion and Its Implications for Disinformation and Democracy, Professor Jessica Silbey argues provocatively that we “‘only” know that facts are excluded from copyright protection because Feist Publications v. Rural Telephone Service “says so.” She argues that both the nature and importance of facts has been underdefined and is in flux, nonetheless tracing it to the foundational cases of United States (U.S.) copyright law, and argues for a stronger exclusion of facts, which are publici juris, and belong in the public domain. This central …

Fair-Enough Ai, Jane R. Bambauer, Tal Z. Zarsky

UF Law Faculty Publications

AI is unfair. It can be inaccurate (in several ways), biased (in several ways, and to several groups), disproportionate, exploitable, and opaque. The policy world is awash in AI-governance frameworks, ethical guidelines, and other policy documents, but these lack concrete standards and provide little guidance on how to select between competing versions of (un)fairness. In other words, they abdicate the responsibility of setting priorities among values. At the same time, many of the policy documents harshly criticize AI and algorithmic tools for deficiencies in some particular aspect of fairness without considering whether alternative designs that fix the problem would make …

Ai Ethics, Law, And Policy, Pauline Kim, Ryan Durrie

Scholarship@WashULaw

AI technologies promise many benefits, but they can also have significant negative impacts on human health, safety, well-being, and fundamental rights. This chapter explores the different governance tools that have been considered for guiding developments in AI in socially beneficial ways, examining the relevance of ethics, law, and policy. Each of these approaches offer tools to address these concerns; however, each has limitations, and none provides a complete solution in itself. Statements of ethical principles can articulate high-level values and goals to guide behavior but are usually quite vague and difficult to operationalize. They also lack any enforcement mechanism. In …

Regulating Chatbot Output Via Inter-Informational Competition, Jiawei Zhang

Northwestern Journal of Technology and Intellectual Property

The advent of ChatGPT has sparked over a year of regulatory frenzy. Policymakers across jurisdictions have embarked on an AI regulatory “arms race,” and worldwide researchers have begun devising a potpourri of regulatory schemes to handle the content risks posed by generative AI products as represented by ChatGPT. However, few existing studies have rigorously questioned the assumption that, if left unregulated, AI chatbot’s output would inflict tangible, severe real harm on human affairs. Most researchers have overlooked the critical possibility that the information market itself can effectively mitigate these risks and, as a result, they tend to use regulatory tools …

Fair Use, Licensing, And Authors' Rights In The Age Of Generative Ai, Celeste Shen

Northwestern Journal of Technology and Intellectual Property

The rise of generative AI technologies has introduced unprecedented challenges to copyright law, particularly around the fair use of copyrighted works in AI training processes. Generative AI tools, such as ChatGPT, are trained on vast datasets that often include copyrighted material, typically without the consent of authors or compensation for use. This widespread, unauthorized use has led to legal disputes, with plaintiffs asserting that using protected texts in training AI models constitutes copyright infringement. This Note examines the application of the fair use doctrine to generative AI, analyzing each of the four statutory factors to demonstrate that generative AI’s commercial …

Generative Artificial Intelligence And Copyright In The Film And Media Industry, Victor A. Oberting Iv

Washington and Lee Law Review Online

The development of generative artificial intelligence (“GAI” or “generative AI”) introduces compelling benefits and capabilities to filmmakers and artists, but also brings complications regarding copyright of creative works. The American film and media industry in particular illustrates the scope of GAI’s legal, economic, and ethical implications. Though GAI may exhibit characteristics of independent agency or intent, GAI models are best understood as a new set of tools that serve a diverse range of applications in the creative process. The potential benefits of this set of tools can only be realized, then, if the filmmakers who use them are not unreasonably …

Gray Advice, Keith Porcaro

Duke Law & Technology Review

Debates over economic protectionism or the technology flavor-of-the-month obscure a simple, urgent truth: people are going online to find help that they cannot get from legal and health professionals. They are being let down, by products with festering trust and quality issues, by regulators slow to apply consumer protection standards to harmful offerings, and by professionals loath to acknowledge changes to how help is delivered. The status quo cannot continue. Waves of capital and code are empowering ever more organizations to build digital products that blur the line between self-help and professional advice. For good or ill, “gray advice” is …

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 …

Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Ai, New Technologies, And Corporate Governance: Three Phenomena, Martin Petrin

Seattle University Law Review

Artificial intelligence (AI) and other new technologies are increasingly influencing the operations, business models, and structures of companies. This Article focuses on three emerging phenomena that impact significant aspects of corporate governance and regulation: (1) perforation and blurring of firm boundaries through the ubiquitous use of externally provided AI services; (2) businesses engaging in strategic access and leveraging of critical resources held by third parties without owning them; and (3) the unusual hybrid role of online platforms between market facilitators and markets themselves. The Article explores how these phenomena challenge traditional views of firms as separate units, with technology leading …

Kafka In The Age Of Ai And The Futility Of Privacy As Control, Daniel Solove, Woodrow Hartzog

Faculty Scholarship

Despite writing more than a century ago, Franz Kafka captured the core problem of digital technologies—how individuals are rendered powerless and vulnerable. Over the past fifty years, and especially in the twenty-first century, privacy laws have been sprouting up around the world. These laws are often based heavily on an Individual Control Model that aims to empower individuals with rights to help them control the collection, use, and disclosure of their data.

In this Article, we argue that although Kafka starkly shows us the plight of the disempowered individual, his work also paradoxically suggests that empowering the individual isn’t the …

The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu

Duke Law & Technology Review

Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to …

Between Risk Mitigation And Labour Rights Enforcement: Assessing The Transatlantic Race To Govern Ai-Driven Decision-Making Through A Comparative Lens, Valerio De Stefano, Antonio Aloisi

Articles & Book Chapters

In this article, we provide an overview of efforts to regulate the various phases of the artificial intelligence (AI) life cycle. In doing so, we examine whether—and, if so, to what extent—highly fragmented legal frameworks are able to provide safeguards capable of preventing the dangers that stem from AI- and algorithm-driven organisational practices. We critically analyse related developments at the European Union (EU) level, namely the General Data Protection Regulation, the draft AI Regulation, and the proposal for a Directive on improving working conditions in platform work. We also consider bills and regulations proposed or adopted in the United States …

Regulating Ai At Work: Labour Relations, Automation, And Algorithmic Management, Valerio De Stefano, Virginia Doellgast

Articles & Book Chapters

Recent innovations in artificial intelligence (AI) have been at the core of massive technological changes that are transforming work. AI is now widely used to automate business processes and replace labour-intensive tasks while changing the skill demands for those that remain. AI-based tools are also deployed to invasively monitor worker conduct and to automate HR management processes.

Through the dual lens of comparative labour law and employment relations research, the articles in this special issue of Transfer investigate the role of collective bargaining and government policy in shaping strategies to deploy new digital and AI-based technologies at work. Together, they …

Artificial Intelligence Mechanisms In Countering Violent Extremism, Ammar Al-Babli

Journal of Police and Legal Sciences

The research idea revolves around the mechanisms of artificial intelligence in monitoring and combating extremist groups' dissemination of bad, misleading ideas, destructive ideologies, fake images, and videos, especially those related to terrorism and extremism. Artificial intelligence can be used to confront violent extremism on social media platforms. Social media companies widely use artificial intelligence in their efforts to remove and ban terrorist content from their platforms. The research includes threats arising from cyberspace, such as terrorism, promotion, recruitment, exploitation, and hate speech, to random email, as the ultimate goal of terrorists is to undermine societies and political systems by generating …

Judicial Deference To Agency Action Based On Ai, Cade Mallett

Catholic University Journal of Law and Technology

No abstract provided.

Natural Language Processing In Legal Tech, Jens Frankenreiter, Julian Nyarko

Scholarship@WashULaw

Natural language processing techniques promise to automate an activity that lies at the core of many tasks performed by lawyers, namely the extraction and processing of information from unstructured text. The relevant methods are thought to be a key ingredient for both current and future legal tech applications. This chapter provides a non-technical overview of the current state of NLP techniques, focusing on their promise and potential pitfalls in the context of legal tech applications. It argues that, while NLP-powered legal tech can be expected to outperform humans in specific categories of tasks that play to the strengths of current …

Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes

Articles & Book Chapters

This article addresses the challenges raised by the introduction of algorithmic management and artificial intelligence in the world of work, focusing on the risks that new managerial technologies present for fundamental rights and principles, such as non-discrimination, freedom of association and the right to privacy. The article argues that collective bargaining is the most suitable regulatory instrument for responding to these challenges, and that current EU legislative initiatives do not adequately recognise the role of collective bargaining in this area. It also maps current initiatives undertaken by national trade union movements in Europe to govern algorithmic management.

The Ai-Copyright Challenge: Tech-Neutrality, Authorship, And The Public Interest, Carys Craig

All Papers

Many of copyright’s core concepts—from authorship and ownership to infringement and fair use—are being challenged by the rapid rise of generative AI. Whether in service of creativity or capital, however, copyright law is perfectly capable of absorbing this latest innovation. More interesting than the doctrinal debates that AI provokes, then, is the opportunity it presents to revisit the purposes of the copyright system in the age of AI. After introducing the AI-copyright challenge in Part 1, Part 2 considers the guiding principles and normative objectives that underlie—and so ought to inform—copyright law and its response to AI technologies. It proposes …