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Articles 1 - 30 of 123
Full-Text Articles in Science and Technology Law
Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi
Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi
Brooklyn Journal of International Law
As the global climate crisis intensifies, the transition to clean energy technologies has become an urgent priority for the world's largest carbon dioxide emitters: China, the United States, and India. This Note examines how patent law can serve as a critical instrument in accelerating that transition. The patent system’s core quid pro quo grants inventors exclusive rights in exchange for public disclosure, creating powerful incentives for innovation. Yet the law’s failure to require active use of patented technologies has enabled a range of anticompetitive behaviors, including patent trolling, patent warehousing, and the accumulation of dormant patent portfolios, that allow proprietary …
Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion
Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion
Brooklyn Journal of International Law
As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …
Whose Ai Data Center Line Is It Anyway? Proposing A Regulatory Framework To Provide Redress To Communities Impacted By The Externalities Of Ai, Jane Franks
Journal of Law and Policy
In some ways, artificial intelligence is not new. Humans have theorized and dreamed about AI in some form or another for thousands of years. However, as AI becomes a reality and both companies and countries alike are racing to establish dominance in the field, AI does not feel too familiar. The increased amounts of power and water required by AI data centers are unprecedented, and the federal and state legislative response to the issues facing the communities surrounding AI data centers—and the country at large—has been fragmented at best, and non-existent at worst. This Note examines the externalities of AI, …
Reforming Antitrust: Addressing Data Monopolization In Two-Sided Digital Markets, Linyi Li
Reforming Antitrust: Addressing Data Monopolization In Two-Sided Digital Markets, Linyi Li
Brooklyn Journal of Corporate, Financial & Commercial Law
The rise of dominant digital platforms has revealed fundamental shortcomings in U.S. antitrust law. Grounded in the consumer welfare standard and its focus on price effects, current doctrine struggles to regulate markets in which services are offered at zero monetary cost and competitive power is derived from the accumulation and control of user data. In two-sided digital markets, data functions as a central competitive asset, enabling platforms to entrench market power, raise barriers to entry, suppress innovation, and impose non-price harms on consumers. These harms frequently escape antitrust scrutiny because they do not manifest as higher prices or reduced output. …
The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure
The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the United States has intensified regulatory oversight of cryptocurrency technologies. In August 2022, the Treasury Department's Office of Foreign Assets Control sanctioned Tornado Cash, a cryptocurrency mixer, leading to the prosecution and conviction of its developers for operating an unlicensed money transmitting business. Congress also amended § 6050I of the Tax Code through the Infrastructure Investment and Jobs Act, extending cash transaction reporting requirements to digital assets. These developments prompted cryptocurrency advocates to assert First Amendment protections for their activities, arguing that compelled disclosure requirements violate associational privacy and that computer code constitutes protected speech. The government …
Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier, Heng Wang
Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier, Heng Wang
Brooklyn Journal of Corporate, Financial & Commercial Law
The governance of digitalization—which encompasses developments such as artificial intelligence (AI) and central bank digital currencies (CBDCs)—confronts serious challenges. At the core of these challenges are uncertainties, which form the central obstacle to effective governance. These uncertainties range from cyber risks to shifting societal responses. Law, as an institutionalized framework of governance, faces mounting pressure and wrestles with a fundamental vulnerability: traditional legal frameworks struggle to address uncertainties in digitalization. To tackle the pervasive challenges of uncertainties, this article addresses two connected questions: What uncertainties does law face in governing digitalization shaped by emerging technologies? How can a learning-oriented governance …
Governing Artificial Intelligence: A Dual-Board Solution To The Corporate Oversight Crisis, Harrison Carter
Governing Artificial Intelligence: A Dual-Board Solution To The Corporate Oversight Crisis, Harrison Carter
Brooklyn Law Review
Corporate governance structures have proven fundamentally inadequate for managing the unprecedented challenges of artificial intelligence development, as demonstrated by OpenAI's dramatic 2023 governance crisis and the broader failure of both traditional and hybrid corporate forms to balance massive capital requirements with public safety concerns. Current approaches create three critical failures: structural accountability gaps between boards and management, distorted power dynamics from concentrated capital needs, and an inability to enforce safety commitments against commercial pressure. While companies like Anthropic have attempted innovative private solutions through benefit corporation structures and specialized trusts, these voluntary mechanisms ultimately prove inadequate against the extraordinary pressures …
Police And Ai: When Abundantly Helpful Becomes Intrinsically Harmful, Landon Brickey
Police And Ai: When Abundantly Helpful Becomes Intrinsically Harmful, Landon Brickey
Brooklyn Law Review
Artificial intelligence (AI) has rapidly crept into nearly all aspects of life, including in government, the criminal justice system, and policing. While Supreme Court Due Process jurisprudence has outlined certain boundaries for police interrogations, much police conduct is left for the states to regulate. Such regulation is sporadic and less restrictive than the public might assume, especially in the realm of police deception. Across jurisdictions, courts allow police to deceptively inform suspects that a witness identified the suspect of the perpetrator of a crime. That the suspect’s finger prints, DNA, or shoe prints were found at the scene of the …
National Values Matter For Ai: Comparative Analysis Of Ai Regulations In The Us, The Eu, And China, Kaori (Furuya) Kawaguchi
National Values Matter For Ai: Comparative Analysis Of Ai Regulations In The Us, The Eu, And China, Kaori (Furuya) Kawaguchi
Brooklyn Journal of International Law
As artificial intelligence (AI) continues to evolve rapidly, governments worldwide face increasing pressure to regulate it. This Article focuses on regulatory approaches to AI in the United States, the European Union, and China, examining the underlying rationales: why have they taken these approaches? Each jurisdiction’s unique political institutions, historical preferences, and strategic priorities shape its approach to governance. In particular, the values the jurisdiction expects in technology shape its regulation. The US adopts a decentralized, innovation-friendly model rooted in reliance on market and self-regulation in industries with its strong trust in laissez-faire philosophy; the EU asserts global leadership in regulations …
Tapping Out Of The Wiretap: Whether Consumers Have A Reasonable Expectation Of Privacy Against Internet Tracking Technology, Ashley Faranesh
Tapping Out Of The Wiretap: Whether Consumers Have A Reasonable Expectation Of Privacy Against Internet Tracking Technology, Ashley Faranesh
Brooklyn Journal of Corporate, Financial & Commercial Law
The California Invasion of Privacy Act (CIPA), a statute born in an era of rotary phones and analog surveillance, is now at the heart of a legal crisis over internet tracking and privacy. Plaintiffs have increasingly weaponized the CIPA against online businesses that use standard Web-tracking tools, triggering a wave of litigation that stretches the statute far beyond its intended purpose. This Note argues that such application misreads the legislative intent behind the CIPA and risks destablizing core structures of the internet economy and financially crippling online businesses. Courts applying literal interpretations are undermining the CIPA’s purpose by conflating commonplace …
Frankenstein Sinatra: The Argument For A Federal Postmortem Right Of Publicity In The Ai-Era, Ian Samide
Frankenstein Sinatra: The Argument For A Federal Postmortem Right Of Publicity In The Ai-Era, Ian Samide
Brooklyn Journal of Corporate, Financial & Commercial Law
Artificial Intelligence has fundamentally revolutionized the way media is generated and presents new and unique threats to the right of publicity. By enabling users to create high-quality, realistic deep fakes of individuals’ voices, images, or likenesses, Artificial Intelligence has created novel risks to the right of publicity. Additionally, right of publicity is currently governed by state law. This system is proving to be flawed in the internet age, as content is rarely confined to a single jurisdiction, resulting in unpredictability and juridical disputes. This note argues that a federal right of publicity is necessary to regulate Artificial Intelligence effectively and …
Democratic Integrity Under Threat: Confronting Disinformation With Legislative And Structural Reforms, Sophia Brociner
Democratic Integrity Under Threat: Confronting Disinformation With Legislative And Structural Reforms, Sophia Brociner
Journal of Law and Policy
In the modern digital era, disinformation has evolved from a political strategy into a fundamental threat to democratic governance. This Note contends that the absence of comprehensive federal legislation addressing political disinformation on social media has compromised both the integrity of elections and the public’s trust in government institutions. By analyzing the disinformation campaigns that shaped the 2016, 2020, and 2024 presidential elections, this Note demonstrates how false and AI-generated content, amplified by both foreign and domestic actors, has manipulated voters, deepened political polarization, and destabilized public confidence in democratic processes. The discussion examines how rapid technological development, insufficient regulatory …
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Brooklyn Journal of Corporate, Financial & Commercial Law
The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Brooklyn Journal of Corporate, Financial & Commercial Law
Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …
America’S Rampant Gun Epidemic: How 3d Printers Are Only Adding Fuel To The Fire, Haley Lustbader
America’S Rampant Gun Epidemic: How 3d Printers Are Only Adding Fuel To The Fire, Haley Lustbader
Journal of Law and Policy
The assassination of the United Healthcare CEO in December of 2024 captivated national attention, specifically over the killer’s use of a homemade three dimensional (“3D”) printed gun. The use of 3D printing poses a breadth of opportunity for useful and valuable innovation across a variety of fields, such as allowing advancements in medical technology. However, with technology expansion comes associated risk and, in this case, that risk is the potential for increased presence of illegal firearms. Anyone with access to a 3D printer can download the necessary files and print weapon parts to create their own unregistered, untraceable firearms, including …
Unveiling The Underbelly Of Artificial Intelligence: The Inadequacies Of The Legal System With Regard To Victims Of Nonconsensual Sexual Deepfakes, Zilana Lee
Journal of Law and Policy
Artificial intelligence-powered deepfake technology has ushered a new era of digital sexual abuse, allowing for the seamless fabrication of explicit images that violate bodily autonomy with alarming realism. With little more than a photograph scraped from social media, individuals can use AI tools to fabricate hyper-realistic nude images and pornographic videos of people without their consent. These nonconsensual sexual deepfakes are rapidly spreading online, often going viral before victims are even aware of their existence. The technology can affect anyone, but women and girls remain disproportionately targeted. Recent incidents involving minors highlight both the reach and severity of this harm. …
Data Scraping For Generative Ai—To What Extent?, Jae Yeon Cecilia Kim
Data Scraping For Generative Ai—To What Extent?, Jae Yeon Cecilia Kim
Brooklyn Journal of Corporate, Financial & Commercial Law
Generative AI platforms are developed by scraping data from other platforms. This raises complex copyright infringement issues that are yet to be resolved. Courts have attempted to address these problems using the fair use doctrine, which evaluates four factors to determine whether a use infringes on copyright: (1) the purpose and character of the use, (2) the nature of the use, (3) the amount and substantiality of the copyrighted work’s use, and (4) the impact of the use on the market for the original work. Despite efforts to apply this long-established doctrine, challenges persist, including difficulties in identifying the copyright …
Emerging Compliance In The Generative Decentralized Era, Nizan Geslevich Packin
Emerging Compliance In The Generative Decentralized Era, Nizan Geslevich Packin
Brooklyn Journal of Corporate, Financial & Commercial Law
Is it the end of compliance as we know it? Emerging technologies such as Artificial Intelligence (“AI”), including Generative AI (“GenAI”), and blockchain are reshaping regulatory compliance in the Web 3.0 era. As machine-generated data becomes the norm, traditional models reliant on human oversight are becoming obsolete, necessitating swift adaptation from regulators and industry stakeholders. Historically, compliance was designed to be managed by humans due to the need for critical thinking, ethical considerations, and nuanced decision-making. Yet, in today’s era, this approach is no longer viable. Addressing this need, Regulatory Technology (“RegTech”) has played a key role in modernizing compliance …
Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan
Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan
Brooklyn Law Review
As artificial intelligence (AI) becomes a familiar topic in everyday conversation and now increasingly in courts, there is a conflict between its use in creative and artistic spaces. While authors and artists enjoy copyright protections that might shield their works from being misused, there are millions of fanfiction writers who have no such protections. After all, the essence of fanfiction is rooted in writing about the characters, settings, and stories made by someone else. After decades of writing online, these fanfiction authors face the threat of having their works scraped up and fed into AI algorithms to be used in …
Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco
Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco
Brooklyn Journal of Corporate, Financial & Commercial Law
Online Fitness Platforms, like Peloton, have become ubiquitous in a modern post-Covid world. Fitness classes are catered to the musical interests of their users, increasing user satisfaction. Although technology has advanced to accommodate the remote fitness industry, the legal structures in place for synchronization licenses have not. Such platforms have a unique need to clear music on a quick and consistent basis that does not break the bank. Downtown Music Publishing LLC v. Peloton Interactive, Inc., highlights the necessity for a federal statutory scheme similar to those used for other music licenses. A solution that protects competition but does not …
Using Express Federal Preemption To Avoid A Costly State-By-State Regulatory Landscape For Social Media Platform, Benjamin Summers-Berger
Using Express Federal Preemption To Avoid A Costly State-By-State Regulatory Landscape For Social Media Platform, Benjamin Summers-Berger
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the last five years, the federal government has been slow to respond to the growing number of calls for social media regulation. Social media has a massive impact on American life, fostering connections among people and amplifying information. The companies that own and operate these platforms enjoy a power to disseminate information that has been likened to that of the Catholic Church in the Middle Ages. Yet, there is no substantive regulation of these companies by the federal government. Instead, state governments are attempting to fill the regulatory void left by the federal government. As seen with gerrymandering, if …
Reconsidering Scienter With Social Media: Adapting Rule 10b-5 In The Age Of Elon Musk Tweets, John Madigan
Reconsidering Scienter With Social Media: Adapting Rule 10b-5 In The Age Of Elon Musk Tweets, John Madigan
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the last twenty years, the rise of social media has dramatically changed how the world communicates. One such transformation is the use of social media platforms to disseminate information regarding the financial markets, aiding investors in their trading decisions. While increased access to financial information has democratized retail consumers’ access to capital markets, it has also introduced a level of instability. Furthermore, social media enables individuals with mass followings to disseminate their thoughts, opinions, or information, potentially influencing investors’ behavior and creating an environment conducive to securities fraud. Since its promulgation, the United States Securities and Exchange Commission (SEC) …
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Brooklyn Journal of International Law
The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.
Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo
Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo
Brooklyn Law Review
Artificial intelligence (AI) is not new to generating outputs considered suitable for intellectual property (IP) protection. However, recent technological advancements have made it possible for AI to transform from a mere tool used to assist in developing IP to the mind behind novel artistic works and inventions. One particular AI, DABUS, has done just so. Yet, while technology has advanced, IP law has not. This note sets out to provide a solution to the legal concerns raised by AI in IP law, specifically in the context of AI authorship and inventorship. The DABUS test case offers a model framework for …
Towards A Strengthening Of Non-Interference, Sovereignty, And Human Rights From Foreign Cyber Meddling In Democratic Electoral Processes, Francesco Seatzu, Nicolás Carrillo-Santarelli
Towards A Strengthening Of Non-Interference, Sovereignty, And Human Rights From Foreign Cyber Meddling In Democratic Electoral Processes, Francesco Seatzu, Nicolás Carrillo-Santarelli
Brooklyn Journal of International Law
States have resorted to meddling in the elections of their counterparts throughout history. Recently, though, there has been an exponential increased in the use of the possibilities provided by technology. Attention to this phenomenon has deservedly grown quickly and exponentially. This has led to debates focusing on the adequacy of international legal rules and general principles to respond to foreign cyber election interference. In many of these debates some have expressed doubts and skepticism about the adequacy of current international law to confront foreign election interference through cyber means. There have also been disagreements about the applicable standards to fight …
Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru
Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru
Brooklyn Journal of International Law
The exploration of space via manned and unmanned missions has been almost constant since the mid-20th century. With developing technology and the advent of private actors in space travel, the emerging problem of space traffic requires some form of guidelines in order to prevent collisions and continue the peaceful use of space. Space Traffic Management is an emerging field with new theories still being posited. This Note examines the ways in which maritime Collision Regulations (COLREGs) can be used as a guideline to create infrastructure for the control of traffic in space, regarding both satellites and general space debris. This …
The Right Of Publicity: A New Framework For Regulating Facial Recognition, Jason M. Schultz
The Right Of Publicity: A New Framework For Regulating Facial Recognition, Jason M. Schultz
Brooklyn Law Review
For over a century, the right of publicity (ROP) has protected individuals from unwanted commercial exploitation of their identities. Originating around the turn of the twentieth century in response to the newest image-appropriation technologies of the time, including portrait photography, mass-production packaging, and a ubiquitous printing press, the ROP has continued to evolve along with each new wave of technologies that enable companies to exploit peoples’ images and identities for commercial gain. Over time, the ROP has protected identities from misappropriation in photographs, films, advertisements, action figures, baseball cards, animatronic robots, video game avatars, and even digital resurrection in film …
America Is Tripping: Psychedelic Pharmaceutical Patent Reforms Fostering Access, Innovation, And Equity, Quentin Barbosa
America Is Tripping: Psychedelic Pharmaceutical Patent Reforms Fostering Access, Innovation, And Equity, Quentin Barbosa
Brooklyn Law Review
A resurgence in federally approved psychedelic research has spawned the Psychedelic Renaissance, and with each study it becomes increasingly clear that psychedelics have the potential to revolutionize mental health treatment. However, if Congress fails to reform the industry’s patent procedures, threats to innovation in the budding field of psychedelic medicine will manifest in their ugliest form. Psychedelics are a class of hallucinogenic drugs that primarily trigger substantially altered states of consciousness, including psychological, visual, and auditory changes. Medical research on psychedelics has produced staggering results that indicate psychedelics have the potential to be significantly more effective in treating mental illnesses …
Clicking Away Consent: Establishing Accountability And Liability Apportionment In Direct-To-Consumer Healthcare Artificial Intelligence, Stephanie L. Lee
Clicking Away Consent: Establishing Accountability And Liability Apportionment In Direct-To-Consumer Healthcare Artificial Intelligence, Stephanie L. Lee
Brooklyn Law Review
Artificial Intelligence (AI) and machine learning are making sweeping changes across all industries, and health care is no exception. AI promises to revolutionize patient treatment with the development of algorithm-driven tools to improve efficiency in clinical care. As alluring as machine-driven learning may be given its potentialities, however, the incorporation of AI into the healthcare field has also been received with trepidation. This fear is understandable given the lack of transparency to the public surrounding the exact mechanisms for creating algorithms and the reasoning followed by the software. Indeed, AI in the healthcare system is aptly known as “black-box medicine.” …
Standing In The Age Of Data Breaches: A Consumer-Friendly Framework To Pleading Future Injury And Providing Equitable Relief To Data Breach Victims, John E. Mcloughlin
Standing In The Age Of Data Breaches: A Consumer-Friendly Framework To Pleading Future Injury And Providing Equitable Relief To Data Breach Victims, John E. Mcloughlin
Brooklyn Law Review
Data breaches have rapidly increased in volume in the United States since the beginning of the twenty-first century. As entities across the United States have increasingly stored personally identifiable information (PII) in online databases, cybercriminals have developed tools to steal and sell stolen PII. This note explores the devastating consequences felt by data breach victims and the uphill battles victims often face in finding legal remedies. Although data breach victims may be at risk of identity theft, they are often barred from taking legal action against the entity that breached their data due to the “injury in fact” requirement under …