Science and Technology Law Commons^™

For The Betterment Of All Mankind Claiming The Benefits Of Outer Space Through Intellectual Property Rights, Maeve Dineen

UC Law Science and Technology Journal

No abstract provided.

Katz And Covid-19 How A Pandemic Changed The Reasonable Expectation Of Privacy, Wayne Unger

UC Law Science and Technology Journal

COVID-19 spread to 189 countries and infected tens of millions of people in the matter of months. Organizations, including governments and employers, turned to health surveillance technologies to slow the spread and combat the disease. Protected health information and personal information are required for the proper and effective functioning of the health surveillance technologies. The collection, use, and dissemination of protected health and personal information raised data privacy and security concerns. But under the current data privacy and security regime—based on the reasonable expectation of privacy standard—protected health and personal information is not protected to the extent that it needs …

Masthead

UC Law Science and Technology Journal

No abstract provided.

Binding Effects Of The European General Data Protection Regulation (Gdpr) On U.S. Companies, Manuel Klar

UC Law Science and Technology Journal

No abstract provided.

The Antitrust Impact Of Venture Capital Firms On Concentration In The Technology Sector, Bushra Samimi

UC Law Science and Technology Journal

Technology plays a significant and crucial role in the current global economy. It impacts consumer welfare, the job market, economic progress, and the emergence of innovative technology. Due to the fact that the technology sector provides necessary and critical services, technology companies exercise immense power over consumers who rely on their products. The rising concentration in the technology sector magnifies the potential anticompetitive forces at play. This article argues that venture capital financing leads to anticompetitive effects in the technology industry. Although most startups intend to eventually go public through an initial public offering (“IPO”), the liquidity pressures from venture …

Using Machine Learning On Legal Matters: Paying Attention To The Data Behind The Curtain, Robert Keeling, Rishi Chhatwal, Nathaniel Huber-Fliflet, Jianping Zhang, Haozhen Zhao

UC Law Science and Technology Journal

No abstract provided.

Applied Artificial Intelligence In Modern Warfare And National Security Policy, Brian Seamus Haney

UC Law Science and Technology Journal

Artificial Intelligence (AI) applications in modern warfare have revolutionized national security power dynamics between the United States, China, Russia, and the private industry. The United States has fallen behind in military technologies and is now at the mercy of big technology companies to maintain peace. After committing $150 billion toward the goal of becoming the AI technology world leader, China claimed success in 2018. In 2019, Chinese researchers published open-source code for AI missile systems controlled by deep reinforcement learning algorithms. Further, Russia’s continued interference in United States’ elections has largely been driven by AI applications in cybersecurity. Yet, despite …

Masthead

UC Law Science and Technology Journal

No abstract provided.

Foreword, Kathryn M. Apsens

UC Law Science and Technology Journal

No abstract provided.

Who Should Regulate Data?: An Analysis Of The California Consumer Privacy Act And Its Effects On Nationwide Data Protection Laws, Nicholas F. Palmieri Iii

UC Law Science and Technology Journal

No abstract provided.

The Arc Of History In Patent Subject Matter, Robin Feldman

UC Law Science and Technology Journal

No abstract provided.

Can A Distant Relative Allow The Government Access To Your Dna? The Fourth Amendment Implications Of Law Enforcement’S Genealogical Search For The Golden State Killer And Other Genetic Genealogy Investigations, George M. Dery Iii

UC Law Science and Technology Journal

This Article considers the advent of genetic genealogy, used by law enforcement in capturing the Golden State Killer suspect and in other cold cases. In these investigations, police used genetic information obtained from the open source genealogy site, GEDmatch, to build vast family trees spanning the entire country and several generations in order to locate suspects whose DNA matched that left at a crime scene. This Article analyzes the Fourth Amendment implications of government use of such powerful technology to explore such sensitive information as DNA. The conclusion the Supreme Court could reach, should it be called upon to examine …

The Heavy Burden Of A Lighter Touch Framework The Inadequacy Of Antitrust Laws As A Substitute For Net Neutrality, Emilia R. Rubin

UC Law Science and Technology Journal

No abstract provided.

The Internet Adopts Two-Way Radio, Henry H. Perritt Jr.

UC Law Science and Technology Journal

The Internet, having displaced conventional correspondence with email, having displaced traditional libraries with online ones, having revolutionized shopping, having uprooted television and movies, now is absorbing police, fire, ambulance, and public utility two-radio systems.

Digital radio technologies combine with Internet switching of transmitters, receivers, and networks, so that a police officer can talk to an ambulance driver or a train dispatcher across the state or across the country. Specialized cellphones are becoming indistinguishable from walkie-talkies. Cellular telephone channels replace two-way-radio air links.

Integration of “private mobile radio” into the Internet is the result of specific advances in radio and networking …

Masthead

UC Law Science and Technology Journal

No abstract provided.

Defusing A Ticking Time Bomb: The Complicated Considerations Underlying Compulsory Human Genetic Editing, Grant Hayes Frazier

UC Law Science and Technology Journal

Gene editing is a type of genetic engineering that enables scientists to change an organism’s DNA by adding, removing, or altering genetic material at particular locations in the human genome. While these editing technologies are in their infancy, they hold great promise for future applications. They also raise many moral, ethical, and legal questions.

Fast forward 10 years. In utero gene editing is effective, safe, and inexpensive (or covered by insurance). A couple with strong religious views against gene editing decides to procreate despite knowing, via family history, they are both homozygous dominant for the allele that causes Huntington’s disease …

Cryptocurrency And The § 1031 Like Kind Exchange, Eli Cole

UC Law Science and Technology Journal

Cryptocurrency has been called “a fraud” by some and “the next internet” by others. However, since the first Bitcoin was mined in 2009, the growth of the cryptocurrency market capitalization has been exponential—surpassing $800 billion at the beginning of 2018. Not surprisingly, the regulations governing these digital pieces of property have lagged the economic growth. In this Article, I attempt to answer the question: should 26 U.S.C. § 1031 apply to an exchange between cryptocurrencies?

This Article argues that the Internal Revenue Service’s decision to classify cryptocurrency as property, combined with the Securities and Exchange Commission’s hesitancy to classify all …

Technology Transfer And The Trips Agreement Are Developed Countries Meeting Their End Of The Bargain?, David M. Fox

UC Law Science and Technology Journal

International trade agreements often integrate provisions requiring the transfer of technology from developed to least-developed countries under the assumption that technological development in the world’s poorest countries will help solve pressing global concerns. At first, supplying tangible hardware and equipment to least-developed countries satisfied these trade obligations. Today, however, modern development theory calls for a broader understanding of “technology” to include knowledge, skills, and human resource development. Article 66.2 of the TRIPS Agreement instructs developed country Members to incentivize domestic enterprises and institutions “for the purpose of promoting and encouraging technology transfer to least-developed country Members.” Least-developed countries protest that …

Online Browsing: Can, Should, And May Companies Combine Online And Offline Data To Learn About You?, Michelle Geronimo

UC Law Science and Technology Journal

No abstract provided.

Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes

UC Law Science and Technology Journal

No abstract provided.

Lot Network Too Big For Antitrust?, Robert Yang

UC Law Science and Technology Journal

No abstract provided.

Company Law And Autonomous Systems: A Blueprint For Lawyers, Entrepreneurs, And Regulators, Shawn Bayern, Thomas Burri, Thomas D. Grant, Daniel M. Häusermann, Florian Möslein, Richard Williams

UC Law Science and Technology Journal

No abstract provided.

The Second Amendment And The Struggle Over Cryptography, Eric Rice

UC Law Science and Technology Journal

No abstract provided.

From Alappat To Alice: The Evolution Of Software Patents, Fabio E. Marino, Teri H. P. Nguyen

UC Law Science and Technology Journal

No abstract provided.

Help Save The Seeds: A Call To Action For Local Governments To Introduce Legislation To Protect Community Seed Sharing, Libraries And Exchanges, Jordyn Ashley Bishop

UC Law Science and Technology Journal

No abstract provided.

Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick

UC Law Science and Technology Journal

No abstract provided.

Taxation By Condition: Spectrum Repurposing At The Fcc And The Prolonging Of Spectrum Exhaust, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern

UC Law Science and Technology Journal

In this article, we show how the Federal Communications Commission’s regulatory process may be used by special interests (and the Agency) to impede the efficient functioning of a secondary market for commercial spectrum. In particular, we show that imposing (and threatening to impose) significant conditions when firms seek to repurpose spectrum from a low-value to a highervalue use acts as a “tax” and thus reduces the incentives of firms to exchange spectrum in the secondary market. As a result, “taxation by condition” will discourage the larger scale transactions necessary to resolve the acknowledged spectrum shortages in the commercial mobile wireless …

Broadbad, The States, And Section 706: Regulatory Federalism In The Open Internet Era, Charles M. Davidson, Michael J. Santorelli

UC Law Science and Technology Journal

The relationship between federal and state regulators in the U.S. telecommunications space has long been fraught with tension regarding the boundaries of regulatory authority over communications services of all kinds. Unlike with basic services like traditional telephony, however, Congress expressed a clear preference for leaving advanced services like broadband “unfettered” by both state and federal regulation, a preference that for many years was taken literally by the Federal Communications Commission (FCC), resulting in a

minimalist approach that prevailed for more than a decade. Though incredibly successful when measured by a range of metrics, federal regulators recently elected to dramatically alter …

The Standard Of Review For Claim Construction In Inter Partes Review, Alana Canfield Mannigé

UC Law Science and Technology Journal

The Court of Appeals for the Federal Circuit (Federal Circuit) hears appeals from the United States Patent & Trademark Office (PTO). Recently, the American Invents Act expanded the PTO’s power in the patent world by creating new types of proceedings, including Inter Partes Review (IPR), by which one may challenge the validity of a patent. To determine the validity of patent claims in IPR proceedings, the PTO must first perform claim construction. As an administrative agency, the decisions of the PTO (such as claim construction) should be accorded significant deference by way of the Administrative Procedure Act (APA). In the …

You Can Dance If You Want To? Initial Interpretations Of The Bpcia’S Patent Dance With Sandoz And Amgen, Jenny M. Alsup

UC Law Science and Technology Journal

As patents covering brand-name biologics begin to expire, biosimilar manufacturers are preparing to enter the market. Since its enactment in 2010, many have speculated on how the Biologics Price Competition and Innovation Act will influence competition and innovation, and whether the provisions struck the right balance. Now for the first time, the judiciary is interpreting the so-called “patent dance,” the Act’s information exchange and litigation provisions, in decisions that will impact the biosimilar landscape in the years to come. Two cases involving the biologic manufacturers Sandoz and Amgen illustrate the Act’s susceptibility to different interpretations.