Science and Technology Law Commons^™

Germline Editing: Two Steps Forward, One Step Back?, Kristina Smith

SMU Science and Technology Law Review

No abstract provided.

(Im)Perfect Regulation: Virtual Currency And Other Digital Assets As Collateral, Kristin Johnson, Sarah E. Hsu Wilbur, Stanley Sater

SMU Science and Technology Law Review

No abstract provided.

Reliable Perfection Of Security Interests In Crypto-Currency, Ronald J. Mann

SMU Science and Technology Law Review

No abstract provided.

Lessons From Case Study Of Secured Transactions With Bitcoin, Xuan-Thao Nguyen

SMU Science and Technology Law Review

No abstract provided.

Crypto-Collateral, Kevin V. Tu

SMU Science and Technology Law Review

The use of cryptocurrency has permeated new industries. As it does so, the need to confront the broader commercial law implications of cryptocurrency, particularly the applicability of the Uniform Commercial Code (U.C.C.), becomes more pronounced. For example, creditors and debtors increasingly use cryptocurrency as collateral. But Article 9 of the U.C.C. does not expressly mention cryptocurrency. Fortunately, Article 9 is flexible enough to accommodate the collateralization of cryptocurrency within its

currently defined collateral types. The foregoing, notwithstanding Article 9, could be amended to improve the functionality of Article 9 for those to engage in secured transactions with crypto-collateral. Rather than …

Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado

SMU Science and Technology Law Review

No abstract provided.

Alexa, Give My Personal Information To The Government: The Application Of The Third-Party Doctrine To Smart Devices, Brandon Pieratt

SMU Science and Technology Law Review

No abstract provided.

When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Big Data Policing And The Redistribution Of Anxiety, Kiel Brennan-Marquez

Faculty Articles and Papers

By equipping police with data, what are we trying to accomplish? Certain answers ring familiar. For one thing, we are trying to make criminal justice decisions, plagued as they often are by inaccuracy and bias, more refined. For another, we are trying to boost the efficiency of governance institutions-police departments, prosecutor's offices, municipal courts-that operate under the pall of scarcity.

For the moment, I want to put answers like these to one side; not because they are wrong, but because they seem like only part of the story. Another goal of big data policing, in addition to those just described, …

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …

Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha

Articles

No abstract provided.

Some Remarks Further To "Outer Space And International Geography: Article Ii And The Shape Of Global Order" By P. J. Blount, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction ... The Key Role of Article II of the Outer Space Treaty ... Article II of the Outer Space Treaty and the Commercialization of Outer Space ... Space Mining: The Need for an Update of the Legal Framework ... Updating the Existing Legal Framework: Some Further Thoughts ... Concluding Remarks

The European Union And Space—Space For Competition?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, …

Registration Is Fundamental, Nicole Pottinger, Brian L. Frye

IP Theory

Under the Copyright Act, copyright owners can file infringement actions only if registration of their copyright claim with the Copyright Office “has been made” or “has been refused.” The United States Supreme Court recently granted certiorari in Fourth Estate v. Wall-Street.com, in order to decide whether registration is “made” when a claimant files a registration application or when the Copyright Office registers the claim.

This article argues that the Court should hold that registration occurs when the Copyright Office registers the claim, in order to ensure that federal courts can benefit from the expertise of the Copyright Office. The Copyright …

There’S Nowhere To Hide: Artificial Intelligence And Privacy In The Fourth Industrial Revolution, Sarah Denton, Eleonore Pauwels, Yujia He, Walter G. Johnson

Patterson School of Diplomacy and International Commerce Faculty Publications

At its core, artificial intelligence (AI) optimizes data. Machine-learning algorithms, one component of AI, are trained using massive datasets curated by humans to predict various aspects of our daily lives. Such predictive intelligence could be a positive force amplified by continued decentralization of the technology. Or, ubiquitous cognition and surveillance could be a disruptive force amplified by the unregulated proliferation of AI technologies. Yet, though we will certainly see more and more AI systems being integrated into every facet of our infrastructures, homes, and bodies, the proliferation of AI technology isn’t the problem. A privacy-security quagmire arises from the interconnectivity …

Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell

Faculty Articles

In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff’s claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …

Ignorance Over Innovation: Why Misunderstanding Standard Setting Organizations Will Hinder Technological Progress, Kristen Osenga

Law Faculty Publications

On January 17, 2017, the Federal Trade Commission (FTC) sued Qualcomm Inc. in federal district court, alleging antitrust violations in the company's licensing of semiconductor chips used in cell phones and more. The suit alleges, in part, that Qualcomm refuses to license its patents that cover innovations incorporated in technology standards (standard-essential patents, or SEPs), in contradiction of the company's promise to license this intellectual property on fair, reasonable, and nondiscriminatory (FRAND) terms. According to the FTC, Qualcomm's behavior reduces competitors' ability to participate in the market, raises prices paid by consumers for products incorporating the standardized technology, and at …

Regulating Evolution: Smart Policy For The 21st Century, Brittany Warford

Kentucky Law Journal

No abstract provided.

The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Publications

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?

Fintech's Double Edges, Christopher G. Bradley

Law Faculty Scholarly Articles

The pace of change in financial technologies has quickened due to the rapid advances in technology from the late 1990s through today, exemplified by the advance of handheld devices and applications and the pervasiveness of the Internet in every facet of commerce. New financial technologies--commonly identified by the portmanteau "FinTech" or "fmtech"--have already reshaped many commercial practices that affect businesses and consumers, and they are likely to change many more.

The increasing availability and sophistication of FinTech offers both promises and perils. Artificial intelligence-driven algorithms purport to improve access to credit on "objective" criteria but may sometimes reinforce longstanding discriminatory …

The Lion, The Bat & The Thermostat: Metaphors On Consciousness, Brian L. Frye

Law Faculty Scholarly Articles

No abstract provided.

The Cambridge Handbook On The Law Of The Sharing Economy, Nestor M. Davidson, Michèle Finck, John Infranca

Suffolk University Law School Faculty Works

This is a draft of the table of contents and introduction of the forthcoming Cambridge Handbook on the Law of the Sharing Economy (2018). The handbook grapples conceptually and practically with what the sharing economy – which includes entities ranging from large for- profit firms like Airbnb, Uber, Lyft, TaskRabbit, and Upwork to smaller, nonprofit collaborative initiatives – means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from multiple academic disciplines and countries, the book compiles the most important, up- to- date research on the regulation of …

Online And "As Is", Colin P. Marks

Faculty Works

No abstract provided.

"We Only Spy On Foreigners": The Myth Of A Universal Right To Privacy And The Practice Of Foreign Mass Surveillance, Asaf Lubin

Articles by Maurer Faculty

The digital age brought with it a new epoch in global political life, one neatly coined by Professor Philip Howard as the “pax technica.” In this new world order, government and industry are “tightly bound” in technological and security arrangements that serve to push forward an information and cyber revolution of unparalleled magnitude. While the rise of information technologies tells a miraculous story of triumph over the physical constraints that once shackled mankind, these very technologies are also the cause of grave concern. Intelligence agencies have been recently involved in the exercise of global indiscriminate surveillance, which purports to go …

The New Writs Of Assistance, Ian Samuel

Articles by Maurer Faculty

The providers of network services (and the makers of network devices) know an enormous amount about our lives. Because they do, these network intermediaries are being asked with increasing frequency to assist the government in solving crimes or gathering intelligence. Given how much they know about us, if the government can secure the assistance of these intermediaries, it will enjoy a huge increase in its theoretical capacity for surveillance—the ability to learn, in principle, almost anything about anyone. That has the potential to create serious social harm, even assuming that the government continues to adhere to ordinary democratic norms and …

Autonomy In The Age Of Autonomous Vehicles, Michael Mattioli

Articles by Maurer Faculty

This essay describes intertwined policy challenges related to autonomous vehicle data. The policy goals of promoting privacy, safety, competition, and commerce are all so deeply intertwined, I conclude, that they must be understood and addressed together. This essay does not attempt to solve the problem. Instead, it presents a descriptive snapshot of the current state of play in the industry and closes by raising a set of questions. I hope these questions will prompt useful discussions among policy experts and the public.

The Rise Of Automated Investment Advice: Can Robo-Advisers Rescue The Retail Market?, Benjamin P. Edwards

Scholarly Works

Consumer interest in automated investment advice continues to grow. One informed observer recently predicted that automated investment advisers may manage $2 trillion in assets by 2020.Today, the two largest automated investment advice providers now manage approximately seventeen billion in assets while continuing to expand their capabilities. This rise of automated investment advice firms may disrupt and improve the market for investment advice and finally allow modem technology to make financial intermediation more efficient. For a variety of reasons, costs in the sector have remained abnormally high. One study found that "the unit cost of intermediation is about as high today …

Music Modernization And The Labyrinth Of Streaming, Mary Lafrance

Scholarly Works

The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.