Computer Law Commons^™

Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii

Articles

Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.

The Racist Algorithm?, Anupam Chander

Michigan Law Review

Review of The Black Box Society: The Secret Algorithms That Control Money and Information by Frank Pasquale.

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Scholarly Articles

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection.

Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success. …

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Faculty Scholarship

For the past thirty years, the general advice for those seeking to collect, use, and share people’s personal data in a responsible way was relatively straightforward: follow the fair information practices, often called the “FIPs.” These general guidelines were designed to ensure that data processors are accountable for their actions and that data subjects are safe, secure, and endowed with control over their personal information. The FIPs have proven remarkably sturdy against the backdrop of near-constant technological change. Yet in the age of social media, big data, and artificial intelligence, the FIPs have been pushed to their breaking point. We …

Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman

Law School Blogs

No abstract provided.

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

Big Data, Bigger Dilemmas: A Critical Review, Hamid Ekbia, Michael Mattioli, Inna Koupe, G. Arave, Ali Ghazinejad, Timothy Bowman, Venkatq R. Suri, Tsou Andrew, Scott Weingart, Cassidy R. Sugimoto

Articles by Maurer Faculty

The recent interest in Big Data has generated a broad range of new academic, corporate, and policy practices along with an evolving debate among its proponents, detractors, and skeptics. While the practices draw on a common set of tools, techniques, and technologies, most contributions to the debate come either from a particular disciplinary perspective or with a focus on a domain-specific issue. A close examination of these contributions reveals a set of common problematics that arise in various guises and in different places. It also demonstrates the need for a critical synthesis of the conceptual and practical dilemmas surrounding Big …

The "Bring Your Own Device" Conundrum For Organizations And Investigators: An Examination Of The Policy And Legal Concerns In Light Of Investigatory Challenges, Carla J. Utter, Alan Rea

Journal of Digital Forensics, Security and Law

In recent years, with the expansion of technology and the desire to downsize costs within the corporate culture, the technology trend has steered towards the integration of personally owned mobile devices (i.e. smartphones) within the corporate and enterprise environment. The movement, known as “Bring Your Own Device” (hereinafter referred to as “BYOD”), seeks to minimize or eliminate the need for two separate and distinct mobile devices for one employee. While taken at face value this trend seems favorable, the corporate policy and legal implications of the implementation of BYOD are further complicated by significant investigatory issues that far outweigh the …

Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics, Michael Losavio, Pavel Pastukov, Svetlana Polyakova

Journal of Digital Forensics, Security and Law

With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships’ logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data …

Trade Secrets, Data Security And Employees, Elizabeth Rowe

Chicago-Kent Law Review

This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.

Data Collection And Leakage, Philip Howard, Kris Erickson

Chicago-Kent Law Review

Every year millions of digital records containing personally identifiable information are exposed. When are malicious hackers to blame, and when is it organizational malfeasance? Which kinds of organizations—private firms, government agencies, or educational institutions—lose the most data? With over 1.9 billion records lost (on average that's 9 records per U.S. adult), a surprising number of breaches can be attributed to organizational practices.

Data Security Measures In The It Service Industry: A Balance Between Knowledge & Action, N. Mlitwa, Y. Kachala

Journal of Digital Forensics, Security and Law

That “knowledge is power” is fast becoming a cliché within the intelligentsia. Such power however, depends largely on how knowledge itself is exchanged and used, which says a lot about the tools of its transmission, exchange, and storage. Information and communication technology (ICT) plays a significant role in this respect. As a networked tool, it enables efficient exchanges of video, audio and text data beyond geographical and time constraints. Since this data is exchanged over the worldwide web (www), it can be accessible by anyone in the world using the internet. The risk of unauthorised access, interception, modification, or even …

Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn

ExpressO

This article undertakes a normative and empirical legal inquiry into the manner information security vulnerabilities are being addressed through law and in the marketplace. Specifically, this article questions the current legislative paradigm for information security regulation by presenting a critique grounded in information security and cryptography theory. Consequently, this article advocates shifting our regulatory approach to a process-based security paradigm that focuses on improving security of our system as a whole. Finally, this article argues that in order to accomplish this shift with least disruption to current legal and economic processes, expanding an existing set of well-functioning legal structures is …

What Is Computer Crime, And Why Should We Care, Michael C. Gemignami

University of Arkansas at Little Rock Law Review

No abstract provided.

Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski

Michigan Journal of International Law

There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.

The International Application Of The Second Computer Inquiry, Robert M. Frieden

Michigan Journal of International Law

This article chronicles the FCC's attempt to confront the confluence of telecommunications and data processing technologies by fashioning a regulatory scheme designed primarily for the United States. The Commission has chosen to apply this scheme, without significant qualification, internationally. Given the different objectives and structure of United States and foreign communications industries, the FCC's system cannot be transplanted abroad without prior consultation and substantial modification. After reviewing the international problems created by the Commission's application abroad of its newly developed scheme, this article concludes with recommendations for resolving these conflicts that currently threaten the well-being of carriers, customers, and international …

Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman

Northwestern Journal of International Law & Business

This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention's regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of …

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …

Science-Computers-The Use Of Data Processing In Legal Research, Michigan Law Review

Michigan Law Review

In 1960, at the American Bar Association Annual Meeting in Washington, D.C., representatives of the University of Pittsburgh Health Law Center conducted a demonstration of the use of an electronic computer in searching statutory materials. For purposes of the search, each statutory section had been numbered consecutively and programmed into the computer which contained an alphabetical list of every word in the statutes (with the exception of articles) and their location. To locate material on a given topic, the searcher requested the machine to list the location of key words or combinations of words which he believed were present in …