Science and Technology Law Commons^™

A Comparative Study Of Gmo Labeling And Liability Systems In The Us, Eu, And South Korea: The Circumstances And A Future Potential For Harmonization, Moonsook Park

Maurer Theses and Dissertations

With the remarkable development of GMOs, GMO trade has also increased. The different attitudes on GMOs among the countries all over the world, specifically the US, EU, and South Korea, have the potential to create international trade conflicts. In order to mediate the conflicts, reasonable labeling and liability systems need to be established to prevent potential GMO risks. The Biosafety Protocol regarding the transboundary movement of GMOs exists to resolve such tensions, but it fails to sufficiently solve the problems and provide clear regulations concerning GMO labeling and liability systems.

A successful GMO labeling and liability system should emphasize the …

Copyright And 3d Printing, James Barker

Technology Law and Public Policy Clinic

The implications of 3D printing are manifold, with some commentators anticipating permanent market disruption in the massive (and ill-defined) field of small physical things. I begin this paper by asserting that the opportunities afforded by 3D printing are so attractive that it is a mere matter of time before an explosion of use; but that the diffusion of manufacturing to the consumer level is poised to put individual end-users in uncomfortably close contact with intellectual property law.

By analogy to the physical CD-distribution model, and the ways in which it broke down in the Napster era, (and with sensitivity to …

Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.

This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal

William & Mary Bill of Rights Journal

No abstract provided.

Machine Learning And Law, Harry Surden

Washington Law Review

Part I of this Article explains the basic concepts underlying machine learning. Part II will convey a more general principle: non-intelligent computer algorithms can sometimes produce intelligent results in complex tasks through the use of suitable proxies detected in data. Part III will explore how certain legal tasks might be amenable to partial automation under this principle by employing machine learning techniques. This Part will also emphasize the significant limitations of these automated methods as compared to the capabilities of similarly situated attorneys.

Machines Without Principals: Liability Rules And Artificial Intelligence, David C. Vladeck

Washington Law Review

No abstract provided.

Artificial Meaning, Lawrence B. Solum

Washington Law Review

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry in the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …

The Scored Society: Due Process For Automated Predictions, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

Big Data is increasingly mined to rank and rate individuals. Predictive algorithms assess whether we are good credit risks, desirable employees, reliable tenants, valuable customers — or deadbeats, shirkers, menaces, and “wastes of time.” Crucial opportunities are on the line, including the ability to obtain loans, work, housing, and insurance. Though automated scoring is pervasive and consequential, it is also opaque and lacking oversight. In one area where regulation does prevail — credit — the law focuses on credit history, not the derivation of scores from data.

Procedural regularity is essential for those stigmatized by “artificially intelligent” scoring systems. The …

Artificial Meaning, Lawrence B. Solum

Faculty Scholarship

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …

Addressing The Ethical Challenges In Genetic Testing And Sequencing Of Children, Ellen Wright Clayton, Laurence B. Mccullough, Leslie G. Biesecker, Steven Joffe, Lainie Friedman Ross, Susan M. Wolf

Vanderbilt Law School Faculty Publications

American Academy of Pediatrics (AAP) and American College of Medical Genetics (ACMG) recently provided two recom-mendations about predictive genetic testing of children. The Clinical Sequencing Exploratory Research Consortium’s PediatricsWorking Group compared these recommendations, focusing on operational and ethical issues specific to decision making forchildren. Content analysis of the statements addresses two issues: (1) how these recommendations characterize and analyze locusof decision making, as well as the risks and benefits of testing, and (2) whether the guidelines conflict or come to different butcompatible conclusions because they consider different testing scenarios. These statements differ in ethically significant ways.AAP/ACMG analyzes risks and benefits …

The Scored Society: Due Process For Automated Predictions, Frank Pasquale, Danielle Keats Citron

Faculty Scholarship

No abstract provided.

Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Stanley Dempsey, Chairman, Royal Gold

17 slides

Brief Of Amici Curiae Law, Business, And Economics Scholars In Alice Corp. V. Cls Bank, No. 13-298, Jason Schultz, Brian Love, James Bessen, Michael J. Meurer

Faculty Scholarship

The Federal Circuit’s expansion of patentable subject matter in the 1990s led to a threefold increase in software patents, many of which contain abstract ideas merely tethered to a general-purpose computer. There is little evidence, however, to suggest this expansion has produced an increase in software innovation. The software industry was highly innovative in the decade immediately prior to this expansion, when the viability of software patentability was unclear and software patents were few. When surveyed, most software developers oppose software patenting, and, in practice, software innovators tend to rely on other tools to capture market share such as first-mover …

Facing Real-Time Identification In Mobile Apps & Wearable Computers, Yana Welinder

Santa Clara High Technology Law Journal

The use of face recognition technology in mobile apps and wearable computers challenges individuals’ ability to remain anonymous in public places. These apps can also link individuals’ offline activities to their online profiles, generating a digital paper trail of their every move. The ability to go off the radar allows for quiet reflection and daring experimentation—processes that are essential to a productive and democratic society. Given what we stand to lose, we ought to be cautious with groundbreaking technological progress. It does not mean that we have to move any slower, but we should think about potential consequences of the …

Who Is The Witness To An Internet Crime: The Confrontation Clause, Digital Forensics, And Child Pornography, Merritt Baer

Santa Clara High Technology Law Journal

The Sixth Amendment’s Confrontation Clause guarantees the accused the right to confront witnesses against him. In this article I examine child pornography prosecution, in which we must apply this constitutional standard to digital forensic evidence. I ask, “Who is the witness to an Internet crime?”

The Confrontation Clause proscribes the admission of hearsay. In Ohio v. Roberts, the Supreme Court stated that the primary concern was reliability and that hearsay might be admissible if the reliability concerns were assuaged. Twenty-four years later, in Crawford v. Washington, the Supreme Court repositioned the Confrontation Clause of the Sixth Amendment as a procedural …

Here, There And Everywhere: Mobility Data In The Eu (Help Needed: Where Is Privacy?), Raffaele Zallone

Santa Clara High Technology Law Journal

European law on data privacy has not clearly developed the concept of mobility data. The evolution of technology has forced the EU to cope with this reality, but so far its legislation lacks a specific focus on this aspect of technology.

A body composed of representatives from the various data protection authorities, the so-called article 29 Working Party (the name stems from section 29 of the European Data Privacy Directive, that calls for the formation and the task of this body) has coped with various aspects of mobile technology, but the documents and analysis it has produced are general and …

Reining In Remedies In Patent Litigation: Three (Increasingly Immodest) Proposals, Thomas F. Cotter

Santa Clara High Technology Law Journal

This essay, which builds on my recent work on the law and economics of comparative patent remedies, presents three proposals relating to the enforcement of domestic patent rights. The first, which may be close to being adopted in the United States, is for the courts and the International Trade Commission (ITC) to adopt a general presumption, grounded in patent law and policy, that patent owners who have committed to license their standard essential patents (SEPs) on fair, reasonable, and nondiscriminatory terms are not entitled to permanent injunctions or exclusion orders, but rather only to a damages in the form of …

Contracting In The Dark: Casting Light On The Shadows Of Second Level Agreements, Abigail R. Simon

William & Mary Business Law Review

In the early days of the Internet, copyright owners concentrated on eliminating infringement threats posed by the new technology. Today, many copyright owners are partnering with major user-generated content platforms in order to participate in and receive compensation for some third-party infringement occurring on the Internet. YouTube pioneered such partnership arrangements in 2006 with a new kind of copyright license now referred to as a “second level agreement.” In 2008, YouTube unveiled Content ID, which streamlined the process for entering into second level agreements with the site. This Note analyzes Content ID and the second level agreements underlying it to …

Governing Data And Ai To Protect Inner Freedoms Includes A Role For Ip, Giuseppina D'Agostino, Robert Fay

Commissioned Reports, Studies and Public Policy Documents

Generative AI has taken the world by storm — and caught regulators everywhere by surprise. In a matter of months, technology once confined to a specialized domain has now permeated the daily lives of ordinary users and become interwoven with our routines and activities. Yet there are no coherent guardrails in place, no user-friendly manuals and no standards or regulations, neither national nor global. The ungoverned and growing ubiquity of generative AI is similar to, and just as troubling as, that of the large digital platforms that play an important role in the work and personal lives of countless individuals …

Metadata: Piecing Together A Privacy Solution, Chris Conley

Faculty Scholarship

Imagine the government is constantly monitoring you — keeping track of every person you call or email, every place you go, everything you buy, and more — all without getting a warrant. And when you challenge them, they claim you have no right to expect this kind of information to be private. Besides, they’re not actually listening to what you say or reading what you write, so what’s the big deal anyhow?

Unfortunately, this scenario is more real than imaginary. Government agencies ranging from the NSA to local police departments have taken advantage of weak or uncertain legal protections for …

Abusing The Computer Fraud And Abuse Act: Why Broad Interpretations Of The Cfaa Fail, Samantha Jensen

Hamline Law Review

Abstract

The End Of The Imitation Age?: The Effect Of Apple Inc. V. Samsung, Melissa Barcena

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus

Cornell Law Librarians' Publications

No abstract provided.

Autonomous Weapons And Human Responsibilities, Jack M. Beard

Nebraska College of Law: Faculty Publications

Although remote-controlled robots flying over the Middle East and Central Asia now dominate reports on new military technologies, robots that are capable of detecting, identifying, and killing enemies on their own are quietly but steadily movingfrom the theoretical to the practical. The enormous difficulty in assigning responsibilities to humans and states for the actions ofthese machines grows with their increasing autonomy. These developments implicate serious legal, ethical, and societal concerns. This Article focuses on the accountability of states and underlying human responsibilities for autonomous weapons under International Humanitarian Law or the Law of Armed Conflict. After reviewing the evolution of …

When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck

Faculty Scholarship

Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable xpectations of privacy.^[1] An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court has considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” …

District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji

Michigan Telecommunications & Technology Law Review

Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that …

Front Matter, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Chinese Nationalism And The Mishaps That Closed The Show On Google Music, Jean Pyun

Colorado Technology Law Journal

No abstract provided.