Science and Technology Law Commons^™

How Theories Of Art Can Inform Debates About Ai, Jessica Silbey

Faculty Scholarship

Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform art and science, the way the internet transformed global communication. Either way, these debates about …

Consumer Agents, Rory Van Loo

Faculty Scholarship

In the twenty-first century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would filter out toxic social media content or a virtual shopping assistant that would find and even purchase the best deals online without having to go to many different websites and product pages. Yet tech platforms have used lawsuits and data control to stifle such tools. The lack of digital helpers has potentially profound consequences. Social media use is linked to alarming increases in teenage depression and anxiety. Businesses’ ability to manipulate consumers into paying higher …

Normalizing Facial Recognition Technology And The End Of Obscurity, Woodrow Hartzog, Evan Selinger, Judy Hyojoo Rhee

Faculty Scholarship

This article argues that facial recognition technology is the most dangerous surveillance tool ever invented. Given the unique threats this morally suspect tool poses to privacy, civil liberties, human flourishing, and democracy, the only appropriate response is a ban. To justify our position, we explain why facial recognition is distinctive among biometrics, clarify how even seemingly benign and positive uses of the technology can trigger dangerous normalization dynamics, and pinpoint why current United States laws (with reverberations in the EU’s AI Act) are designed to accelerate a slippery slope that makes mass surveillance nearly inevitable. Our most fundamental contribution lies …

Digital Servitude, Julie A. Dahlstrom

Faculty Scholarship

This Article addresses the phenomenon of digital servitude—forced labor practices facilitated by information and communications technology (ICT). With advances in technology and the internet, scholars and advocates have observed the rise of technology-facilitated human trafficking. Yet, disproportionate focus has remained on online sex trafficking, including commercial sex websites and online recruitment, despite ample research on work, technology, and digital surveillance. This Article seeks to fill this gap by shedding light on how technology intersects with involuntary servitude and forced labor claims in the United States. By analyzing federal pleadings in civil and criminal labor trafficking cases, it provides new insights …

How Not To Democratize Algorithms, Ngozi Okidegbe

Faculty Scholarship

A growing set of jurisdictions has embraced “consultative algorithmic governance,” the idea that community members, particularly racially and otherwise politically marginalized ones, should be involved in the processes by which state institutions procure, construct, implement, and oversee artificially intelligent algorithms employed in public sector decision-making. Consultative processes range from public hearings that provide communities with an opportunity to comment about anticipated algorithmic use to community advisory boards that help public officials evaluate the impact of current or future algorithmic use.

This Article argues that consultative algorithmic governance is critically flawed and then builds upon this critique to point toward a …

The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu

Faculty Scholarship

Generative AI, machine learning and other computational uses of copyrighted works pose profound questions for copyright law. This article conducts of global survey of how different countries have attempted to answer these questions in relation to the unauthorized use of copyrighted works for training. Although the world has yet to achieve international consensus on this issue, an international equilibrium is emerging. Jurisdictions with common law and civil law traditions, and with varying economic conditions, technological capabilities, political systems, and cultural backgrounds, have found ways to reconcile copyright law and AI training. In this equilibrium, countries recognize that text data mining, …

Internet Infrastructure And Content Moderation In The Shadows, Jelena Laketic

Colorado Technology Law Journal

No abstract provided.

The Untold History Of "Harmful Interference" In The Regulation Of Radio Frequency Communications, Peter A. Tenhula, Carl R. Frank

Colorado Technology Law Journal

No abstract provided.

The Mental State Of Expression: Generative Ai And The Latent Mens Rea Of Copyright, Dane Fogdall

Colorado Technology Law Journal

No abstract provided.

Who Owns The Digital Athlete?, Kevin Nguyen

Colorado Technology Law Journal

No abstract provided.

From The Editor, Veronica Chapman

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

What's Next For Broadband Affordability After Fcc V. Consumers' Research?, Gabrielle Daley

Colorado Technology Law Journal

No abstract provided.

State Regulation Of Advanced Communication Services: Learning From The Past To Understand The Present And Prepare For The Future, Michael J. Santorelli

Colorado Technology Law Journal

No abstract provided.

Critical Update Needed: Why The Federal Computer Crime Law Is Woefully Outdated, And How To Modernize It, Anand Ramaswamy

Colorado Technology Law Journal

No abstract provided.

The Right To Lie With Ai? First Amendment Challenges For State Efforts To Curb False Political Speech Using Deepfakes And Synthetic Media, Daxton R. "Chip" Stewart, Jeremy Littau

Colorado Technology Law Journal

No abstract provided.

The Rise Of Mommy Vloggers: How Parental Consent May Impact Influencer Moms' Ability To Post Their Children, Lauren Dunn

Colorado Technology Law Journal

No abstract provided.

To Use Your Brain, First Accept The Terms And Conditions: Legal Protections For Commercial Brain-Computer Interfaces, Mathew Yaeger

Colorado Technology Law Journal

No abstract provided.

Governing Intelligence: Singapore’S Evolving Ai Governance Framework, Jason G. Allen, Jane Loo, Jose Luna

Research Collection Yong Pung How School Of Law

This paper provides an outline analysis of the evolving governance framework for Artificial Intelligence (AI) in Singapore. Across the Singapore government, AI solutions are being adopted in line with Singapore’s “Smart Nation Initiative” to leverage technology to make impactful changes to the nation and the economy. In tandem, Singaporean authorities have been assiduous to release a growing number of governance documents, which we analyse together to chart the city-state’s approach to AI governance in international comparison. Characteristics of Singapore’s AI governance approach include an emphasis on consensusbuilding between stakeholders (particularly government and industry but also citizens) andvoluntary or “quasi” regulation, …

From The Editor, Sydney Weigert

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Developing A True North For Regulating At: The Importance Of Protecting Consumers And Promoting Innovation, Phil Weiser

Colorado Technology Law Journal

No abstract provided.

Code As Content: Open Source Software And Platform Liability, Jessica Cheng

Colorado Technology Law Journal

No abstract provided.