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Politics Of Adversarial Machine Learning, Kendra Albert, Jonathon Penney, Bruce Schneier, Ram Shankar Siva Kumar 2020 Harvard Law School

Politics Of Adversarial Machine Learning, Kendra Albert, Jonathon Penney, Bruce Schneier, Ram Shankar Siva Kumar

Articles, Book Chapters, & Popular Press

In addition to their security properties, adversarial machine-learning attacks and defenses have political dimensions. They enable or foreclose certain options for both the subjects of the machine learning systems and for those who deploy them, creating risks for civil liberties and human rights. In this paper, we draw on insights from science and technology studies, anthropology, and human rights literature, to inform how defenses against adversarial attacks can be used to suppress dissent and limit attempts to investigate machine learning systems. To make this concrete, we use real-world examples of how attacks such as perturbation, model inversion, or membership inference …


Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon Penney, Afsaneh Ragot, Ram Shankar Siva Kumar 2020 Harvard Law School

Ethical Testing In The Real World: Evaluating Physical Testing Of Adversarial Machine Learning, Kendra Albert, Maggie Delano, Jonathon Penney, Afsaneh Ragot, Ram Shankar Siva Kumar

Articles, Book Chapters, & Popular Press

This paper critically assesses the adequacy and representativeness of physical domain testing for various adversarial machine learning (ML) attacks against computer vision systems involving human subjects. Many papers that deploy such attacks characterize themselves as “real world.” Despite this framing, however, we found the physical or real-world testing conducted was minimal, provided few details about testing subjects and was often conducted as an afterthought or demonstration. Adversarial ML research without representative trials or testing is an ethical, scientific, and health/safety issue that can cause real harms. We introduce the problem and our methodology, and then critique the physical domain testing …


Smart Contracts And The Limits Of Computerized Commerce, Eric D. Chason 2020 William & Mary Law School

Smart Contracts And The Limits Of Computerized Commerce, Eric D. Chason

Faculty Publications

Smart contracts and cryptocurrencies have sparked considerable interest among legal scholars in recent years, and a growing body of scholarship focuses on whether smart contracts and cryptocurrencies can sidestep law and regulation altogether. Bitcoin is famously decentralized, without any central actor controlling the system. Its users remain largely anonymous, using alphanumeric addresses instead of legal names. Ethereum shares these traits and also supports smart contracts that can automate the transfer of the Ethereum cryptocurrency (known as ether). Ethereum also supports specialized "tokens" that can be tied to the ownership of assets, goods, and services that exist completely outside of the …


Spyware Vs. Spyware: Software Conflicts And User Autonomy, James Grimmelmann 2020 Cornell Law School

Spyware Vs. Spyware: Software Conflicts And User Autonomy, James Grimmelmann

Cornell Law Faculty Publications

No abstract provided.


Transnational Government Hacking, Jennifer C. Daskal 2020 American University Washington College of Law

Transnational Government Hacking, Jennifer C. Daskal

Joint PIJIP/TLS Research Paper Series

No abstract provided.


Immersive Virtual Reality: Minnesota Legislature’S Opportunity To Protect Children From Sexual Exploitation By Enacting A Well-Defined Criminal Statute, Justine Wagner 2020 Mitchell Hamline School of Law

Immersive Virtual Reality: Minnesota Legislature’S Opportunity To Protect Children From Sexual Exploitation By Enacting A Well-Defined Criminal Statute, Justine Wagner

Mitchell Hamline Law Review

No abstract provided.


How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr 2020 California State University - Northridge

How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr

Catholic University Journal of Law and Technology

In the Disney film Bambi, when the young rabbit Thumper says that Bambi “is kinda wobbly” and “doesn’t walk too good,” Thumper’s mother tells him “if you can’t say something nice, don’t say anything at all.” The Des Moines Register seems to have forgotten Thumper’s Rule when it uncovered Carson King’s teenage tweets and canceled the relationship he had built with Busch Light while raising $3 million for the Stead Family Children’s Hospital. #CancelCulture is a social media phenomenon, where some people use their voices to cancel the platform enjoyed by others. It is the 2019 equivalent of the …


The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland 2020 Catholic University of America (Student)

The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland

Catholic University Journal of Law and Technology

Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …


Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali 2020 United States Marine Corps

Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali

SMU Science and Technology Law Review

No abstract provided.


Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus 2020 University of California, Davis

Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus

SMU Science and Technology Law Review

With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …


Notice And Choice Must Go: The Collective Control Alternative, Richard Warner 2020 Chicago-Kent College of Law

Notice And Choice Must Go: The Collective Control Alternative, Richard Warner

SMU Science and Technology Law Review

Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …


An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer 2020 Southern Methodist University, Dedman School of Law

An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer

SMU Science and Technology Law Review

No abstract provided.


The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry 2020 Southern Methodist University, Dedman School of Law

The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry

SMU Science and Technology Law Review

No abstract provided.


Front Matter, 2020 Southern Methodist University

Front Matter

SMU Science and Technology Law Review

No abstract provided.


Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr. 2020 Universiity of Houston Law Center

Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.

SMU Science and Technology Law Review

No abstract provided.


When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope 2020 Southern Methodist University, Dedman School of Law

When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope

SMU Science and Technology Law Review

No abstract provided.


Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco 2020 Touro Law Center

Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco

Touro Law Review

No abstract provided.


The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal 2020 American University Washington College of Law

The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal

Contributions to Books

Provides a framework to better understand Global Legal Pluralism and the current international state of law.


Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.

Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.


Speech, Innovation, And Competition, Greg Day 2020 University of Georgia School of Law

Speech, Innovation, And Competition, Greg Day

Scholarly Works

Critics contend that concentrated power in digital markets has generated threats to free speech. For a variety of reasons, market power is naturally thought to concentrate in digital markets. The consequence is that “big tech” is said to face little competition; Facebook controls 72 percent of the social media market while the parent of YouTube (72 percent of the video market) is Google (92 percent of the search market). This landscape has potentially vested private companies with unprecedented power over the flow of information. If Facebook, for example, decides to ban certain types of speech or ideas, it would potentially …


The Very Brief History Of Decentralized Blockchain Governance, Michael Abramowicz 2020 Vanderbilt University Law School

The Very Brief History Of Decentralized Blockchain Governance, Michael Abramowicz

Vanderbilt Journal of Entertainment & Technology Law

A new form of blockchain governance involving the use of formal games that incentivize participants to identify focal resolutions to normative questions is emerging. This symposium contribution provides a brief survey of the literature proposing and critiquing the use of such mechanisms of decentralized decision-making, and it evaluates early laboratory and real-world experiments with this approach.


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