Science and Technology Law Commons^™

The Fall Of Z-Library: The “Burning Of The Library Of Alexandria” Or Protection For Authors Against Ai Companies, Lisa Silveira

SMU Science and Technology Law Review

The development and advancement of artificial intelligence (“AI”) is changing the way we use technology while creating an ongoing battle between media and technology companies. With AI companies gathering data from the internet to train programs like ChatGPT, authors have growing concerns about unpermitted use of their work when pirated copies of their books exist illegally online through shadow libraries. This article examines the popular shadow library known as Z-Library and the views of its proponents and opponents. In addition, this article will discuss the training process AI companies use and the data sets containing content from shadow libraries. While …

Algorithmic Adjudication And Constitutional Ai—The Promise Of A Better Ai Decision Making Future?, April G. Dawson

SMU Science and Technology Law Review

Algorithmic governance is when algorithms, often in the form of AI, make decisions, predict outcomes, and manage resources in various aspects of governance. This approach can be applied in areas like public administration, legal systems, policy-making, and urban planning. Algorithmic adjudication involves using AI to assist in or decide legal disputes. This often includes the analysis of legal documents, case precedents, and relevant laws to provide recommendations or even final decisions. The AI models typically used in these emerging decision-making systems use traditionally trained AI systems on large data sets so the system can render a decision or prediction based …

The Game-Changer: Legal Issues Surrounding Wearable Technology In Sports, Jack Vande Berg

SMU Science and Technology Law Review

Athletes and teams are always seeking to gain a competitive edge, and the emergence of wearable technology has provided them with biometric data that provides new insights into performance. The market for wearable technology has been growing at a rapid pace in recent years and is projected to continue on an upward trajectory through the end of the decade. Governing bodies of sport at a professional and amateur level have adapted regulations for the use of this new technology and the data it produces. This article provides an overview of these current regulations, and then discusses three pressing legal issues. …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Neither Here Nor There: Redefining “Presence” For A Virtual Criminal Justice System, Brandon M. Draper

SMU Science and Technology Law Review

The coronavirus (“COVID-19”) pandemic dramatically altered how the criminal justice system operated by adding virtual options to traditionally in-person proceedings. The impact of the criminal justice system’s failure to include virtual jury trials among these options was shocking, but not surprising: jury trial rates across the country dropped close to zero percent and several in-custody defendants died from COVID-19 before a jury could determine their guilt or innocence. After the pandemic, criminal courts across the country made many of these virtual options permanent, but only for non-evidentiary proceedings and other non-jury trial settings. The failure to include criminal jury trials …

Computers, Credit, And Human Dignity, Jonathan Weinberg

SMU Science and Technology Law Review

Credit scores determine a person’s life chances. The credit scores we’re all used to, calculated by Equifax, Experian, or TransUnion, take as inputs a person’s payment history, loans, current debt, and similar financial information. But that world is changing. Modern alternative data models for credit scoring can go so far as to include an individual’s educational record, criminal history, shopping behavior, or telephone patterns. Activists, regulators, and scholars have expressed serious concerns about these new credit systems. Do they classify applicants on unfair or arbitrary grounds? Do they perpetuate, or even amplify, bias and pre-existing inequality?

Participants in this conversation …

Generative Ai In The Attorney-Client Relationship: An Exercise In Critical Revision And Client Management, Michael L. Smith

SMU Science and Technology Law Review

Discussions of generative AI in legal practice and education often assert that this technology will lead to a sea change in legal writing, research, and revision. While some of the more breathless proclamations deserve skepticism, there’s little doubt that this technology may generate new forms of headaches for those in the legal field—particularly once it’s in the hands of clients or opposing counsel who wish to use this technology to save the time, money, and effort required for complex legal tasks.

This essay proposes an exercise template for law students that illustrates how generative AI technology may be misused or …

A Hard Pill To Swallow: Privacy Implications Of Direct-To-Consumer Prescription Drug Services, Varsha Challapally

SMU Science and Technology Law Review

This case note discusses the emergence and popularity of direct-to-consumer prescription drug services and evaluates their privacy implications on consumers. Minimal regulation exists regarding direct-to-consumer prescription drug services, and patient privacy and data protection laws are also limited. Proponents of these services claim that they allow certain prescription drugs to be available to consumers without the hassle and logistics of health insurance and making and attending medical appointments, effectively empowering individuals to take control of their own health. Alternatively, critics claim that direct-to-consumer prescription drug services are operated by private companies that are not always required to be compliant with …

Tailoring Biometric Innovation To Privacy Law In The Retail Industry, Bailey White

SMU Science and Technology Law Review

Biometric data technology is trending in retail. Retailers utilize biometric data to improve their bottom line through virtual try-on technology (VTOT), contactless payment methods, fingerprint scanners, and more—albeit at potentially steep prices. Many types of biometric technology used in retail fall under strict U.S. state privacy laws, exposing businesses to serious legal and financial consequences. This Comment provides an analysis of the current state of biometric data privacy law in the U.S., focusing on Illinois’ Biometric Information Privacy Act (BIPA), California’s Consumer Privacy Act (CCPA), Privacy Rights Act (CPRA), and more. This Comment also identifies proposed legislation, relevant case law, …

Unveiling The Dark Side Of Innovation: Sustainability, Cobalt Mining, And Modern-Day Slavery, Kaitlin Schleich

SMU Science and Technology Law Review

As the need and demand for sustainability come to the forefront of innovative efforts by technology companies, the use of rechargeable batteries has only become more prominent. A critical mineral in the manufacture of such batteries is cobalt. Looking deeper into how manufacturers get their hands on cobalt exposes the troubling cobalt-mining practices largely taking place within the Democratic Republic of Congo (DRC). This article dives into the underbelly of the cobalt-mining industry, revealing the egregious human-rights abuses occurring in the DRC and examining the current legal and ethical landscape surrounding cobalt mining around the world. In both small-scale artisanal …

A Tale Of Two Sams: Effective Altruism’S Threat To The Security Of Emerging Technology, Mackenzie Young

SMU Science and Technology Law Review

Since the onset of scientific innovation, the character and charisma of the inventors and scientists behind emerging technologies have been a centerpiece of focus. However, in light of the driving forces behind innovation—especially the global need to “get ahead” of competitors—few are willing to inquire into the sincerity of held belief. From the ouster of Sam Altman as CEO of OpenAI to the criminal conviction of cryptocurrency mogul Sam Bankman-Fried, the philosophy of “effective altruism” has taken over the minds, hearts, and pocketbooks of Silicon Valley.

This Comment evaluates the origins of the Effective Altruism movement and argues that its …

Foreword: Artificially Intelligent Innovation And Justice, Carla L. Reyes

SMU Science and Technology Law Review

No abstract provided.

Health Monitoring From Home: Legal Considerations Of Wearable Technology In Telemedicine, Polina Declue

SMU Science and Technology Law Review

The COVID-19 pandemic created the necessity to access medical care from one’s home, giving rise to a new standard of healthcare through “telemedicine.” However, although efficient in many ways, the most significant limitation of telemedicine was the inability of doctors to monitor their patients’ conditions remotely. Wearable devices, also known as “wearables,” provide a way to bridge the gap. Over the last five years, wearables grew to be one of the fastest-growing industries in healthcare, seeing over $5 billion in growth. However, this also came with a myriad of legal concerns that may prevent wearables from being utilized efficiently. This …

Hub-And-Spoke Conspiracies: Can Big Data And Pricing Algorithms Form The Rim?, Bradley C. Weber

SMU Science and Technology Law Review

A hub-and-spoke conspiracy is a metaphor used to describe an antitrust cartel that includes a firm at one level of a supply chain—such as a buyer or supplier—who acts like the “hub” of a wheel. Vertical agreements up or down the supply chain act as the “spokes,” and a horizontal agreement among the spokes acts as the “rim” of the wheel. Courts have considered hub-and-spoke conspiracies for more than eighty years, and there is large body of case law that pertains to the evidence that is necessary for proving this type of antitrust conspiracy.

With the rise of modern digital …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Employee Monitoring: As Technology Advances Yet The Electronic Communications Privacy Act Stays In The Past, Isabela Possino

SMU Science and Technology Law Review

Since the Electronic Communications Privacy Act of 1986 was enacted, the United States has endured an evolution of technology. While progressive at its inception, the ECPA has since been met with a tumultuous response from scholars, courts, and others trying to understand its purpose and application regarding privacy rights and the monitoring of communications. Specifically, since the COVID-19 pandemic, the ECPA has remained at the forefront of debate with respect to employee monitoring and surveillance practices. This article provides an overview of the ECPA and explains why today’s technological advancements have surpassed the protections afforded by the Act, leaving employees …

Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance, Clint Nuckolls

SMU Science and Technology Law Review

A new ordinance went into effect in Houston, Texas in July 2022, which looks to leverage technology and require certain businesses to install surveillance cameras at their own cost and turn footage over to the police on demand without a warrant. The ordinance specifically requires bars, nightclubs, convenience stores, sexually oriented businesses, and game rooms to install surveillance cameras, with accompanying lighting at all places where customers are permitted, keep the cameras running at all times, even when the business is closed, and store the footage for at least thirty days, all at the expense of the business owners. The …

Preventing Intimate Image Abuse Via Privacy-Preserving Credentials, Janet Zhang, Steven M. Bellovin

SMU Science and Technology Law Review

The problem of non-consensual pornography (“NCP”), sometimes known as intimate image abuse or revenge porn, is well known. Despite its distribution being illegal in most states, it remains a serious problem, if only because it is often difficult to prove who uploaded the pictures. Furthermore, the Federal statute commonly known as Section 230 generally protects Internet sites, such as PornHub, from liability for content created by their users; only the users are liable, not the sites.

One obvious countermeasure would be to require Internet sites to strongly authenticate their users, but this is not an easy problem to solve. Furthermore, …

Revolutionizing Justice: Unleashing The Power Of Artificial Intelligence, Samuel D. Hodge Jr.

SMU Science and Technology Law Review

The practice of law is changing, and most lawyers are unprepared for this metamorphosis. This statement is not an exaggeration but the acknowledgment that artificial intelligence (“AI”) has altered the way lawyers do business. Instead of having a “battle of forms,” attorneys will now be confronted with the “battle of computers.” Linking artificial intelligence and the law, however, is a natural progression. Both operate in similar fashions: each examines and applies “historical examples in order to infer rules to apply to new situations.”

While many attorneys are unsure how to integrate this new technology into their practices, they already use …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Cryptocurrency’S Clash With Bankruptcy: Insolvent Crypto Exchange Companies Create Difficulties For Courts & Customers, Mary Taylor Stanberry

SMU Science and Technology Law Review

This comment explores the novelty of cryptocurrency, its legal ambiguity in the realms of securities, property, and tax law, and the difficulties arising from insolvent crypto-exchange company’s estates within the context of the United States Bankruptcy Code. For the purposes of this comment, individuals who invested in crypto-exchange platforms will be referred to as “customers” rather than “investors” to avoid potential confusion in the context of 11 U.S.C. § 507 of the Bankruptcy Code. Customers who invested with insolvent crypto-exchange companies are concerned about being last in line for repayment of their investments based on traditional bankruptcy creditor priority. These …

Texas’S Water Future: Legal, Business, Environmental, And Regulatory Concerns, Robert Royce

SMU Science and Technology Law Review

Around the world freshwater is increasingly scarce, and Texas is no different. Texas continuously operates at a shortage, where freshwater supply cannot meet demand. Projections show that this deficit will increase over the next decade, which would cause billions of dollars in losses for the Texas economy. But Texas is in a unique position to correct its water problems and take corrective measures to avoid such losses. Innovations around hydraulic fracturing in the oil and gas industry, namely recyclable “produced water” and the burgeoning “water midstream” sector will play an important role in remediating Texas’ freshwater scarcity concern. Furthermore, the …

Antitrust Accountability Delayed: State Antitrust Enforcement And Multidistrict Litigation, Roger P. Alford

SMU Science and Technology Law Review

State Attorneys General play a crucial role in the enforcement of antitrust laws. Defendants have successfully delayed state enforcement proceedings by centralizing them with private lawsuits in multidistrict litigation. A new venue law has foreclosed that delay tactic, placing State Attorneys General on equal footing with federal antitrust enforcers in deciding where, when, and how to prosecute antitrust cases.

Tiktok’S Fall From Grace: How Growing Security Concerns In Chinese Technology Affect U.S. Courts And Presidential Successors, Madeline Cartwright

SMU Science and Technology Law Review

In recent years, the United States government has warned that China may use Chinese companies as a vehicle for infiltrating American data security. The U.S. first acted on this warning in 2017 when it effectively banned Huawei—one of the world’s largest telecom companies—from the U.S. market. Then-president Donald Trump subsequently turned the controversy to the popular social media app, TikTok, in an attempted ban over alleged privacy issues. Personal data collection and the legal implications behind trying to ban China-linked apps is an increasingly controversial topic in American politics. This article assesses the lawsuits following these groundbreaking governmental movements, including …

Data For Sale: Navigating The Role Of Data Brokers And Reproductive Health Information In A Post-Dobbs World, Heather Chong

SMU Science and Technology Law Review

Data privacy is a growing concern in our fast-paced society, as it has become increasingly necessary to relay and retain information digitally. However, the United States trails behind its counterparts in terms of the strength of existing data protection legislation. Unlike the European Union and its General Data Protection Regulation (“GDPR”) law, the United States has no similar comprehensive data protection act. This lack of legislation has led to the exploitation of people’s private data and allowed companies to utilize loopholes in current laws to access sensitive health information. Data brokers have been collecting and reselling consumers’ personal information, including …

Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray

SMU Science and Technology Law Review

The discussion of AI copyright infringement or fair use often skips over all the required steps of the infringement analysis in order to focus on the most intriguing question, “Could a visual generative AI generate a work that potentially infringes a preexisting copyrighted work?” and then the discussion skips further ahead to, “Would the AI have a fair use defense, most likely under the transformative test?” These are relevant questions, but without considering the actual steps of the copyright infringement analysis, the discussion is misleading or even irrelevant. This neglecting of topics and stages of the infringement analysis fails to …

Revoking Trademark Consent: Can It Be Done?, Keegan Pearl

SMU Science and Technology Law Review

In 2022, Dallas Mavericks guard, Luka Doncic, was engaged in a quiet, albeit significant legal dispute with his mother. The dispute centered around Doncic’s attempt to register a new trademark to use for various goods and services. Doncic, however, previously gave his mother consent to use his name and likeness for a similar trademark, which was officially registered in 2018. Due to the likelihood of confusion, and his mother’s unwillingness to cede her rights in the outdated mark, Doncic was prevented from registering his new mark. Thus, Doncic filed a cancellation petition with the USPTO, which argued he should be …

Biotechnology Patent Law Top Ten Of 2022: Inducement, Clear Error, And Interferences Galore, Kevin E. Noonan, Andrew W. Torrance

SMU Science and Technology Law Review

Five-year anniversaries are symbolized by a product of natural biotechnology: wood. This article marks the wood anniversary of the “Top Ten Biotechnology Patent Cases” series that began in 2018. Imagining the world in 2018 is challenging, in part because it was, indeed, a different world. There had not been a major pandemic in one hundred years. Inflation was low. The economy hummed along. No individual war appeared to threaten more than regional stability. O tempora, o mores! The year 2022 was quite different. SARS-CoV-2 continued to stalk the land, having had a monumentally mortiferous effect for several years. High inflation …

Foreword: A Tipping Point For Antitrust Law, C. Paul Rogers Iii

SMU Science and Technology Law Review

No abstract provided.

Will Nfts Solve Some Of The Age-Old Problems In Art Law?, Ursula Von Schlenhenried

SMU Science and Technology Law Review

Non-Fungible Tokens, or NFTs, are digital assets based on blockchain technology and are steadily growing in popularity in the art market. The technology has created a novel way of establishing ownership through tamper-resistant cryptographic records. A majority of NFTs are created via the Ethereum protocol and are most notably associated with other assets, such as digital art. Even prominent auction houses, like Christie’s, have joined the action. NFTs offer a whole host of new and interesting legal concerns, including questions surrounding smart contracts. The concerns surrounding traditional art, however, are long-standing and include (but are not limited to) provenance, authenticity, …