Science and Technology Law Commons^™

Biometric Cyberintelligence And The Posse Comitatus Act, Margaret Hu

Scholarly Articles

This Article addresses the rapid growth of what the military and the intelligence community refer to as “biometric-enabled intelligence.” This newly emerging intelligence tool is reliant upon biometric databases—for example, digitalized storage of scanned fingerprints and irises, digital photographs for facial recognition technology, and DNA. This Article introduces the term “biometric cyberintelligence” to more accurately describe the manner in which this new tool is dependent upon cybersurveillance and big data’s massintegrative systems.

This Article argues that the Posse Comitatus Act of 1878, designed to limit the deployment of federal military resources in the service of domestic policies, will be difficult …

The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat, are …

Transfer Of Ownership In Orbit: From Fiction To Problem, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

For many years, the concept of transfer of ownership of a satellite in orbit was not something on the radar screen of anyone seriously involved in space law, if indeed it was not considered a concept of an essentially fictional nature. Space law after all developed, as far as the key UN treaties were concerned, in a period when only States—and only very few States at that—were interested in and possessed the capability of conducting space activities, and they did so for largely military/strategic or scientific purposes. The idea of transferring ownership over satellites or other spacecraft involved in such …

Antitrust Via Rulemaking: Competition Catalysts, Tim Wu

Colorado Technology Law Journal

No abstract provided.

Cyber Operations And The Humanization Of International Humanitarian Law: Problems And Prospects, Giacomo Biggio

Canadian Journal of Law and Technology

The aim of International Humanitarian Law (‘‘IHL”) is to regulate the conduct of hostilities while, at the same time, balancing the two overarching concepts of military necessity and humanity. While the principle of military necessity allows a party to a conflict to exercise any amount of armed violence which is necessary for the accomplishment of a military purpose, the principle of humanity aims at minimizing the amount of physical violence caused to combatants and the civilian population. From the late 19th century onwards the principle of humanity has progressively eroded the domain of military necessity, influencing the creation and interpretation …

Mitigating The Increasing Risks Of An Insecure Internet Of Things, Nick Feamster

Colorado Technology Law Journal

No abstract provided.

Justice Scalia On Updating Old Statutes (With Particular Attention To The Communications Act), Daniel T. Deacon

Colorado Technology Law Journal

No abstract provided.

Dirty Code: Regulatory Lessons From The Volkswagen Emissions Scandal, Eilif Vanderkolk

Colorado Technology Law Journal

No abstract provided.

Front Matter, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

The Defend Trade Secrets Act: Why Interpreting The New Law On Its Own Terms Promotes Uniformity, Patrick Ruelle

Marquette Intellectual Property Law Review

Trade secrets, a category of intellectual property recognized at state and federal law, are integral parts of many corporations’ intellectual property portfolios. A trade secret is a type of intellectual property that is not disclosed by its owner, and is therefore unlike patents, trademarks, or copyrights—all types of information that are disclosed to the public. As a result, trade secrets may represent a viable alternative to patents and copyrights since its value is derived from its secrecy.

In the United States, the laws governing trade secrets have typically been the offspring of the state common law. As each state developed …

From The National Surveillance State To The Cybersurveillance State, Margaret Hu

Scholarly Articles

This article anchors the phenomenon of bureaucratized cybersurveillance around the concept of the National Surveillance State, a theory attributed to Professor Jack Balkin of Yale Law School and Professor Sanford Levinson of the University of Texas School of Law. Pursuant to the theory of the National Surveillance State, because of the routinized and administrative nature of government-led surveillance, normalized mass surveillance is viewed as justified under crime and counterterrorism policy rationales. This article contends that the Cybersurveillance State is the successor to the National Surveillance State. The Cybersurveillance State harnesses technologies that fuse biometric and biographic data for risk assessment, …

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Emotional Abrogation: How Internet Child Pornography Prosecution Impacts Search And Seizure Of Computers In Other Crimes, Kyriaki Council

Colorado Technology Law Journal

No abstract provided.

Preventing The Rogue Bot Journalist: Protection From Nonhuman Defamation, Laurel Witt

Colorado Technology Law Journal

No abstract provided.

Tracing The Invisible: Section 11'S Tracing Requirement And Blockchain, Sean Belcher

Colorado Technology Law Journal

No abstract provided.

Design Patent Litigation: Is "Obvious To Try" Unavailable For Validity Challenges Under 35 U.S.C. § 103?, 16 J. Marshall Rev. Intell. Prop. L. 173 (2017), Scott Locke

UIC Review of Intellectual Property Law

Ten years ago, the United States Supreme Court shook the foundation of U.S. patent law when it announced that a patented invention could be invalidated because the claimed combination of heightened the thr whether a person of ordinary skill in the art would deem a combination of features obvious to try can be measured against a perceived a likelihood of success for achieving a purpose. But the concept does not easily translate to design patents. Those types of patents are directed to ornamental features, which by definition cannot be dictated by functionality, and thus, the success of a combination cannot …

Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja

UIC Review of Intellectual Property Law

This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled by contract …

The Right To Be Forgotten: Much Ado About Nothing, Giancarlo F. Frosio

Colorado Technology Law Journal

No abstract provided.

Trans(Parency) Pacific Partnership: The Downfall Of The Tpp?, Kelly Hughes

Colorado Technology Law Journal

No abstract provided.

Did Dish Network "Autohop" Out Of Future Litigation? A Look Into The Legality Of Commercial-Skipping Technology, Jenna Baranko

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Unlocking The Value Of Spectrum Using Optimization Tools, Brett Tarnutzer, Claudia Centazzo, Robert Leese, Jakob Blaavand

Colorado Technology Law Journal

No abstract provided.

Networks And America's Future, Tom Wheeler

Colorado Technology Law Journal

No abstract provided.

Fcc: Friend Or Foe? Sdr: Trick Or Treat?, J. Pierre De Vries

Colorado Technology Law Journal

No abstract provided.

Twitter Against The Islamic State: Edge Provider Transparency In The Spotlight, Ariel Diamond

Colorado Technology Law Journal

No abstract provided.

Droit À L'Oubli: Canadian Perspective On The Global 'Right To Be Forgotten' Debate, Eloise Gratton, Jules Polonetsky

Colorado Technology Law Journal

No abstract provided.

A Capabilities Approach To Communications Equity, Kevin Werbach

Colorado Technology Law Journal

No abstract provided.

Risk And Resilience In Health Data Infrastructure, W. Nicholson Price

Colorado Technology Law Journal

No abstract provided.

The Ill Of Misogyny On The Internet: Why Revenge Porn Needs Federal Criminalization, Allison Greene

Colorado Technology Law Journal

No abstract provided.