Science and Technology Law Commons^™

Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa

Northwestern Journal of Law & Social Policy

No abstract provided.

Revisiting The Intellectual Property Dilemma: How Did We Get To A Strong Wto Ipr Regime?, Julien Chaisse, Xinjie Luan

Santa Clara High Technology Law Journal

Revisiting the Intellectual Property Dilemma: How Did We Get to a Strong WTO IPR Regime?

Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell

Faculty Scholarship

No abstract provided.

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu

Scholarly Articles

To contextualize why a new approach to the Fourth Amendment is essential, this Article describes two emerging cybersurveillance tools. The first Cybersurveillance tool, Geofeedia, has been deployed by state and local law enforcement. Geofeedia uses a process known as "geofencing" to draw a virtual barrier around a particular geographic region, and then identifies and tracks public social media posts within that region for predictive policing purposes. The second tool, Future Attribute Screening Technology (FAST), is under development by the United States Department of Homeland Security (DHS). FAST is another predictive policing tool that analyzes physiological and behavioral signals with the …

Asteroid Mining: International And National Legal Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction; Asteroid Mining and the Law … 2. The International Legal Context for Asteroid Mining—The Outer Space Treaty … 3. The International Legal Context for Asteroid Mining—The Moon Agreement … 4. Back to the Outer Space Treaty: Interpreting the Nonappropriation Prohibition … 5. Unilateral Action: Title IV, U.S. Commercial Space Launch Competitiveness Act … 6. Concluding Remarks

Asteroid mining is one of the hot topics today not only within the space arena at large but also in the more specific domain of space law, comprising “every legal or regulatory regime having a significant impact, even if implicitly or indirectly, …

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in the …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Privacy Vs. Protection: Why Tracking Mobile-Device Location Data Without A Warrant Requires A Fourth Amendment Exception, Andrew Stover

Catholic University Journal of Law and Technology

No abstract provided.

Providing Protection To Programmers' Works: Disregard The Merger Doctrine And Adopt The Application Approach, Akshay Jain

Catholic University Journal of Law and Technology

In today’s technological landscape, computer programs are one of the most highly complex and popular inventions. However, they still receive little or sometimes no legal protection. As a consequence, programmers are reluctant to create new programs, discouraging innovation and preventing the public to benefit from using these inventions. If the court does afford them copyright protection, they may still not receive legal damages for copyright infringement because the court would not consider their program registered under the Copyright Act of 1976.

This Comment argues for greater copyright protection for programs by disregarding the merger doctrine, which does not provide protection …

Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

A Theory Of Joint Authorship For Free And Open Source Software Projects, Pamela S. Chestek

Colorado Technology Law Journal

No abstract provided.

Government Surveillance Accountability: The Failures Of Contemporary Canadian Interception Reports, Christopher Parsons, Adam Molnar

Canadian Journal of Law and Technology

Real time electronic government surveillance is recognized as amongst the most intrusive types of government activity upon private citizens’ lives. There are usually stringent warranting practices that must be met prior to law enforcement or security agencies engaging in such domestic surveillance. In Canada, federal and provincial governments must report annually on these practices when they are conducted by law enforcement or the Canadian Security Intelligence Service, disclosing how often such warrants are sought and granted, the types of crimes such surveillance is directed towards, and the efficacy of such surveillance in being used as evidence and securing convictions.

This …

Achieving Universal Service In Developing Areas: Three Policies From Latin America And What They Can Teach The United States, Edyael Casaperalta

Colorado Technology Law Journal

No abstract provided.

Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik

Articles

Skynet is not and may never be self-aware, but machines are al-ready doing legal research, drafting legal documents, negotiating disputes such as traffic tickets and divorce schedules, and even drafting patent applications. Machines learn from us, and each other, to augment the ability of lawyers to represent clients—and even to replace lawyers completely. While it also threatens lawyers’ jobs, the exponential increase in the capacity of machines to transmit, store, and process data presents the opportunity for lawyers to use these services to provide better, cheaper, or faster legal representation to clients. By way of familiar example, instead of determining …

Emoji: The Caricatured Lawsuit, Jonathan Geneus

Colorado Technology Law Journal

No abstract provided.

Section 702 Malfisance, Alex Kimata

Colorado Technology Law Journal

No abstract provided.

Masthead, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, Matthew Humerick

Catholic University Journal of Law and Technology

Technological developments spur the development of big data on a global scale. The breadth of data companies collect, maintain, process, and transmit affects nearly every country and organization around the world. Inherent to big data are issues of data protection and transfers to third countries. While many jurisdictions emphasize the importance of protecting consumer data, such as the European Union, others, like the United States, do not. To circumvent this issue, the United States and European Union contracted around data privacy standard discrepancies through the Safe Harbor Agreement, which eased cross-border data transfers. However, the Court of Justice of the …

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Seeing Is Believing: The Ongoing Significance Of Symbolic Representations Of Musical Works In Copyright Infringement Disputes, Charles Cronin

Colorado Technology Law Journal

No abstract provided.

The Fashion Emergency: Protection At A Price, Caitlin Stover

Colorado Technology Law Journal

No abstract provided.

Substantial Musical Similarity In Sound And Notation: Perspectives From Digital Musicology, Eleanor Selfridge-Field

Colorado Technology Law Journal

No abstract provided.

Louis Brandeis: A Man For This Season, Jonathan Sallet

Colorado Technology Law Journal

No abstract provided.

Unlicensed Spectrum: The Problem Of Success, Jeffrey Westling

Colorado Technology Law Journal

No abstract provided.

A Policy Of Trust: Software Developer Pre-Certification As A Viable Solution To Protect Patients And Promote Innovation For 'Mhealth' Applications, Andrew Neiman

Colorado Technology Law Journal

No abstract provided.

Nondiscrimination In 5g Standards, Eli Greenbaum

Notre Dame Law Review Reflection

The broad diffusion of 5G technology, and its incorporation into a hefty catalog of devices and machines, will put more pressure on the nondiscrimination prong of the FRAND commitment. The value of 5G technology to simple consumer electronics (such as home routers) will differ starkly from the value of the same technology to cutting edge equipment (such as for remote surgery). Does a nondiscrimination commitment allow patentees to charge differential royalties for 5G technology in such diverse use cases? Both TCL and Unwired Planet examined the requirements of nondiscrimination only as between companies providing similar products. Going forward, however, judicial …