Computer Law Commons^™

Hype Or Fraud? Ai-Washing And The Limits Of The Term “Misleading” Under Sec’S Section 10(B) And Rule 10b-5, Elizabeth De La Chapelle

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Systemic Failure And Synthetic Abuse: Regulating Nonconsensual Deepfakes Under The Take It Down Act, Chisomeme Nwuda

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Shockwave Heard Around The World: Uspto No Longer Allows Petitioners To Use General Knowledge To Fill Gaps In Prior Art During Inter Partes Review, Hannah Lesser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Front Matter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Perils Of Trademark Co-Ownership And The Need For Co-Ownership Agreements, Cameron Quilling

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Indigenous Māori Defend Digital Sovereignty Over Big Tech’S Free Trade Rules, Jane Kelsey

Indian Journal of Law and Technology

In 2016, Indigenous Māori in Aotearoa New Zealand challenged the Trans-Pacific Partnership Agreement (‘TPPA’) for breaching the colonial government (Crown) obligations to them under the 1840 Tiriti o Waitangi. This was lodged before a Tribunal particularly established to inquire into such breaches. In 2021, the Tribunal upheld that claim, finding that the TPPA e-commerce provisions failed to protect Māori identity and Indigenous knowledge. Since then, the Crown and Māori have sought means to reconcile these competing paradigms within the unequal power relations of a colonial government and Indigenous Peoples – denied the sovereignty affirmed to them in 1840. This case …

The Role Of Ai In Judicial Translation: Ensuring Access To Justice In Vernacular Languages, With Special Reference To Marathi, Bhushan Raut

Indian Journal of Law and Technology

This paper examines the role of artificial intelligence in judicial translation to enhance access to justice in India’s multilingual legal system, with a specific focus on Marathi. It situates judicial translation within the constitutional framework and Rule of Law theory, arguing that linguistic accessibility is essential to legal agency and fairness. Through doctrinal, empirical, and comparative analysis, the paper evaluates initiatives such as SUVAS, highlights gaps in vernacular availability of landmark judgements, and identifies challenges relating to accuracy, accountability, and legal semantics. It proposes a hybrid AI–human model and policy reforms to ensure reliable, scalable, and inclusive translation practices in …

The Illusory Normativity Of Rights-Based Ai Regulation, Yiyang Mei, Matthew Sag

Indian Journal of Law and Technology

Whether and how to regulate AI is now a central question of governance. Across academic, policy, and international legal circles, the European Union is widely treated as the normative leader in this space. Its regulatory framework, anchored in the General Data Protection Regulation, the Digital Services and Markets Acts, and the AI Act, is often portrayed as a principled model grounded in fundamental rights. This Article challenges that assumption. We argue that the rights-based narrative surrounding EU AI regulation mischaracterises the logic of its institutional design. While rights language pervades EU legal instruments, its function is managerial, not foundational. These …

Ai's Double Edged Sword: Fighting Against Synthetic Csam, Shekhinah Adra Green

Cybersecurity Undergraduate Research Showcase

The rapid advancements in generative artificial intelligence has introduced new challenges in the production and distribution of synthetic child sexual abuse material (CSAM). AI has the capabilities of creating highly realistic imagery and videos, which  raises serious legal and ethical concerns, increasing the risk of harm, exploitation, and revictimization.

This paper discusses the legal improvements needed in order to lower the change of legal loopholes, how digital forensic analyst use advanced tools to identify and investigate synthetic material, and different methods to start the reduction of synthetic CSAM.

The Myth Of Sufficient Technological Barriers: Reevaluating The "Gates-Up-Or-Down" Analogy In Data Scraping, Yucen Zhong

Duke Law & Technology Review

In Van Buren v. United States, the Supreme Court adopted a “gates-up-or-down” analogy from physical trespass law to define “authorization” under the Computer Fraud and Abuse Act (CFAA). Despite historical shifts in judicial interpretation, courts have recently relied on this binary framework to interpret authorization as it applies to online trespass. But courts have struggled to apply this binary inquiry while still accounting for complications in modern authentication technologies. When pursuing a code-based inquiry based on the gates-up-or-down analogy, courts risk oversimplifying the dynamic nature of online trespass. Such an approach fails to account for how modern authentication measures—such as …

Combatting Ai-Generated Child Sexual Exploitation And Abuse Material: An Analysis Of India’S Techno-Legal Response, Dhruv Garg, Dedipyaman Shukla

Indian Journal of Law and Technology

The emergence of generative artificial intelligence (“AI”) presents a significant threat to child safety online, enabling the rapid creation and dissemination of child sexual exploitation and abuse material (“CSEAM”) at an unprecedented scale. This paper examines legal, institutional, and technical responses to AI-generated CSEAM in the Indian context, with a particular focus on the role of digital intermediaries, law enforcement coordination through the Sahyog Portal, and judicial interpretation under Indian law. Drawing on this analysis of key stakeholders, the paper argues for the orientation of India’s CSEAM framework towards proactive detection, and better integration between intermediaries and law enforcement. The …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

A View Under The Hood: Duquesne Kline's Law And Computing Program, Wesley M. Oliver, Katherine L.W. Norton, Martin Mckown, David Horrigan

West Virginia Law Review

No abstract provided.

Generative Adversarial Discrimination, Josh Fairfield

Washington and Lee Journal of Civil Rights and Social Justice

Anti-discrimination law assumes that discrimination can be detected and rectified, that the evidentiary burden of the plaintiff can in fact be met. But the evolutionary logic of AI training causes it to target vulnerable groups, lie about reasoning, and above all resist detection. Because of hidden core prompts in generative AI systems, and how those prompts interact with the nature of AI training and deployment, AI will often actively hide discrimination rather than surface and address it. Stopping this will be difficult. At present, neither humans or AI can detect this emergent dark-pattern behavior. Without legal intervention, the broad use …

Resolving Cross-Border Nft Disputes: Jurisdictional Approaches, Smart Contracts, And Proposed Solutions, Aparna Vaitla

Washington Journal of Law, Technology & Arts

The emergence of Non-Fungible Tokens (NFTs) has significantly impacted the enforcement of intellectual property (IP) rights, particularly in the digital environment. NFTs enable the creation, transfer, and monetization of unique digital assets such as artwork, music, and virtual goods, raising new legal challenges for IP protection. Among various IP concerns, copyright law is the most directly implicated in NFT-related disputes. While existing copyright frameworks remain broadly applicable, they require refined interpretation and targeted regulatory adaptation to address blockchain-specific issues such as pseudonymity, decentralized ownership, and cross-border enforcement. This Article focuses exclusively on copyright law, examining its applicability to NFT transactions …

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

Threads Of Protection: Intellectual Property Protections For Fashion Designs In The Age Of Generative Ai, Nayomi Mendez Andrade

Washington Journal of Law, Technology & Arts

This Article examines the limitations of intellectual property law in the United States for fashion designers and their creations. In doing so, it considers the impact generative artificial intelligence technologies have had on such protections. Despite fashion’s cultural and economic significance, U.S. law offers only fragmented protection through copyrights, trademarks, trade dress, and patents. Copyright law is significantly constrained by the useful article doctrine and the separability requirement articulated in Star Athletica v. Varsity Brands. Thus, copyrights only protect separable artistic elements rather than garments as a whole. Trademark and trade dress protections are typically only effective for well-established brands, …

Generated Wills And Responsible Ai Use In Estate Law, Collin Peters

Washington Journal of Law, Technology & Arts

Generative AI tools have been increasingly used by corporations and individuals to create documents quickly and cheaply based on short human inputs. The coming of widely accessible and cheap-to-use generative AI tools introduces the possibility of firms or lay testators using AI to generate wills. However, the risks of using AI to generate wills are largely unexplored and have not received much regulatory attention nor discussion in the literature. As a result, the question of how to manage the risks of AI-generated wills in a way that ensures their safe, accessible, and productive use has largely gone unaddressed. This article …

From Software To Models: Rethinking Open Source In The Age Of Generative Ai, Dana Beldiman

Washington Journal of Law, Technology & Arts

Open-source software (OSS), a form of distributed and collaborative software development rooted in the ethos of early computer science, has evolved into an essential component of modern digital infrastructure. This article asks whether open source will assume a similarly transformative role within the emerging technological paradigm of generative artificial intelligence (AI).

Generative AI differs fundamentally from software: its constituent artifacts, architectures, generative capacities, and deployment contexts are distinct and substantially more complex. Despite these differences, foundation models continue to be released under licenses originally designed for software, which may not constitute a valid transfer of rights in the generative AI …