Mass E-Carceration: Electronic Monitoring As A Bail Condition, 2023 Texas A&M University School of Law
Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin
Faculty Scholarship
Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …
Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, 2023 Pepperdine University
Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, Tyler Lisea
Pepperdine Law Review
Congress passed Section 230 at the dawn of the internet era to protect innovators from traditional publisher tort liability. At the time, the internet consisted primarily of basic message boards and informational pages. Courts have interpreted Section 230 to provide internet platforms with sweeping immunity from liability for third-party content. The statute has aged poorly and is now ill-suited for today’s internet tools. Modern social media platforms are more than message board intermediaries because they actively shape and select the information pushed to users via engineered, engagement-enhancing algorithms. Engagement algorithms are not merely neutral tools; web developers intentionally design them …
Between Risk Mitigation And Labour Rights Enforcement: Assessing The Transatlantic Race To Govern Ai-Driven Decision-Making Through A Comparative Lens, 2023 Osgoode Hall Law School of York University
Between Risk Mitigation And Labour Rights Enforcement: Assessing The Transatlantic Race To Govern Ai-Driven Decision-Making Through A Comparative Lens, Valerio De Stefano, Antonio Aloisi
Articles & Book Chapters
In this article, we provide an overview of efforts to regulate the various phases of the artificial intelligence (AI) life cycle. In doing so, we examine whether—and, if so, to what extent—highly fragmented legal frameworks are able to provide safeguards capable of preventing the dangers that stem from AI- and algorithm-driven organisational practices. We critically analyse related developments at the European Union (EU) level, namely the General Data Protection Regulation, the draft AI Regulation, and the proposal for a Directive on improving working conditions in platform work. We also consider bills and regulations proposed or adopted in the United States …
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, 2023 University of Maine School of Law
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny
Maine Law Review
Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …
Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, 2023 KoGuan School of Law, Shanghai Jiao Tong University
Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, Zhining Zhang
Washington Journal of Law, Technology & Arts
The heated discussion stirred up by the U.S. regulatory actions against TikTok continues to this day. The nearly predatory popularity of this Chinese application has raised people’s awareness that the country is in urgent need of a fully developed policy in order to deal with the surge of robust foreign digital platforms.
This article gives the contour of the latest development of theories regarding the foreign tech-platforms regulation. Three contemporary frameworks are reviewed. The first laissez faire paradigm inherits the values of early neoliberalism to prevent a “Splinternet,” but its inaction fails to deal with novel security threats ranging from …
Behind The Scenes Of The 2021 Hollywood Labor Unrest, 2023 University of Washington School of Law
Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely
Washington Journal of Law, Technology & Arts
In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.
If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …
The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, 2023 University of Washington School of Law
The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, Xiang Li
Washington Journal of Law, Technology & Arts
The Biden Administration announced its support for the initiative at the World Trade Organization (WTO) to suspend patent rights protections for COVID-19 vaccines, in the hope of providing equitable and affordable access to the vaccines to low-income countries. Since then, domestic pharmaceutical companies have been voicing vociferous opposition, claiming that “[e]liminating IP protections undermines our global response to the pandemic and compromises safety.”2 Passing a patent waiver at the WTO means eligible member countries can opt to free themselves from the obligations to enforce qualifying patents, and anyone within those countries can accordingly practice the patents without infringement liability. It …
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, 2023 Pepperdine University
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
Searching For A Compromise: A Case For The Crypto Like-Kind Exchange, 2023 University of Arkansas, Fayetteville
Searching For A Compromise: A Case For The Crypto Like-Kind Exchange, John Paul Boyter
Arkansas Law Review
In recent years, cryptocurrencies, cryptoassets, electronic coins, tokens, non-fungible tokens, and other various terms for electronic assets have gained prodigious attention in the financial world. From the spike (and subsequent drop) in value of Bitcoin, to people spending millions of dollars on pixelated pictures of punks, the market for these assets has been extremely active despite its ups and downs. However, in addition to potential financial success via crypto markets, the development of crypto technology has allowed for a transformation of how individuals and institutions think of currency, financial security, and access to information Part I of this Comment explains …
Regulating Ai At Work: Labour Relations, Automation, And Algorithmic Management, 2023 Osgoode Hall Law School of York University
Regulating Ai At Work: Labour Relations, Automation, And Algorithmic Management, Valerio De Stefano, Virginia Doellgast
Articles & Book Chapters
Recent innovations in artificial intelligence (AI) have been at the core of massive technological changes that are transforming work. AI is now widely used to automate business processes and replace labour-intensive tasks while changing the skill demands for those that remain. AI-based tools are also deployed to invasively monitor worker conduct and to automate HR management processes.
Through the dual lens of comparative labour law and employment relations research, the articles in this special issue of Transfer investigate the role of collective bargaining and government policy in shaping strategies to deploy new digital and AI-based technologies at work. Together, they …
Some Legal And Practical Challenges In The Investigation Of Cybercrime, 2023 Old Dominion University
Some Legal And Practical Challenges In The Investigation Of Cybercrime, Ritz Carr
Cybersecurity Undergraduate Research Showcase
According to the Internet Crime Complaint Center (IC3), in 2021, the United States lost around $6.9 billion to cybercrime. In 2022, that number grew to over $10.2 billion (IC3, 2022). In one of many efforts to combat cybercrimes, at least 40 states “introduced or considered more than 250 bills or resolutions that deal significantly with cybersecurity” with 24 states officially enacting a total of 41 bills (National Conference on State Legislatures, 2022).
The world of cybercrime evolves each day. Nevertheless, challenges arise when we investigate and prosecute cybercrime, which will be examined in the following collection of essays that highlight …
The New Normal: Navigating Legal Challenges In The World Of Influencer Marketing & How Adr Can Help, 2023 Pepperdine University
The New Normal: Navigating Legal Challenges In The World Of Influencer Marketing & How Adr Can Help, Olivia Davis
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Coca-Cola Curses: Hate Speech In A Post-Colonial Context, 2023 Affiliate, Stanford Cyber Policy Center and Senior Fellow, Atlantic Council
Coca-Cola Curses: Hate Speech In A Post-Colonial Context, Brittan Heller
Michigan Technology Law Review
Hate speech is a contextual phenomenon. What offends or inflames in one context may differ from what incites violence in a different time, place, and cultural landscape. Theories of hate speech, especially Susan Benesch’s concept of “dangerous speech” (hateful speech that incites violence), have focused on the factors that cut across these paradigms. However, the existing scholarship is narrowly focused on situations of mass violence or societal unrest in America or Europe.
This paper discusses how online hate speech may operate differently in a postcolonial context. While hate speech impacts all societies, the global South—Africa in particular—has been sorely understudied. …
Compulsory Licensing: A Potential Solution To The Antitrust Dilemma Of Technology Standards Setting, 2023 Northwestern Pritzker School of Law
Compulsory Licensing: A Potential Solution To The Antitrust Dilemma Of Technology Standards Setting, Shen Peng
Northwestern Journal of Technology and Intellectual Property
The Constitution grants patent owners exclusive rights over their inventions to “promote the Progress of Science.”1 This clause was drafted based on the belief that monetary incentives granted to the first inventor, such as the proceeds from selling and licensing the invention, will foster new ideas and accelerate innovation to the benefit of the public welfare. However, when the first inventor is the sole benefactor of the rewards from the innovation, subsequent innovation may be stifled.
For instance, the first person to invent the idea of a mobile phone but lacking the right to use the underlying technologies essential to …
The Evidentiary Implications Of Interpreting Black-Box Algorithms, 2023 Northwestern Pritzker School of Law
The Evidentiary Implications Of Interpreting Black-Box Algorithms, Varun Bhatnagar
Northwestern Journal of Technology and Intellectual Property
Biased black-box algorithms have drawn increasing levels of scrutiny from the public. This is especially true for those black-box algorithms with the potential to negatively affect protected or vulnerable populations.1 One type of these black-box algorithms, a neural network, is both opaque and capable of high accuracy. However, neural networks do not provide insights into the relative importance, underlying relationships, structures of the predictors or covariates with the modelled outcomes.2 There are methods to combat a neural network’s lack of transparency: globally or locally interpretable post-hoc explanatory models.3 However, the threat of such measures usually does not bar an actor …
Tinder Love And Care: Proposing An Industry Self-Regulation Policy Implementing Safety Procedures For Dating App Companies, 2023 Duquesne University School of Law
Tinder Love And Care: Proposing An Industry Self-Regulation Policy Implementing Safety Procedures For Dating App Companies, Marissa Meredith
Indiana Law Journal
Online dating companies have monetized and capitalized on the idea of finding love, creating a billion-dollar industry matching individuals with their “soul mates.” With its perks and benefits, the online love industry is not without risk. Despite some dating companies limiting user eligibility in their terms and conditions to those without felony and sexual offense convictions, there is no actual screening process established by these companies. Furthermore, there are no uniform safety protocols among dating app companies. This lack of uniformity coupled with access to all, including violent offenders, allows repeat offenders to engage in “delightful” conversations with unsuspecting strangers …
Now On Display: In-Line Linking In The Age Of The Server Test, 2023 Fordham University School of Law
Now On Display: In-Line Linking In The Age Of The Server Test, Sonia Autret
Fordham Law Review
In 2007, the U.S. Court of Appeals for the Ninth Circuit adopted a new interpretation of 17 U.S.C. § 106(5), which codifies the display right of the Copyright Act of 1976. In Perfect 10 v. Amazon.com, the Ninth Circuit read § 106(5) to mean that creative works made visible on web pages through in-line linking, an architectural pillar of modern web design, would not infringe on a copyright owner’s display right if the work was not actually copied onto the website’s server. Since its adoption, this approach—known as the Server Test—has been lauded by search engine providers and web …
Looks Matter On Social Media: How Should Courts Determine Whether A Public Official Operates Their Social Media Account Under Color Of State Law?, 2023 Fordham University School of Law
Looks Matter On Social Media: How Should Courts Determine Whether A Public Official Operates Their Social Media Account Under Color Of State Law?, John B. Tsimis
Fordham Law Review
The widespread use of social media has presented a novel legal landscape for the application of constitutionally protected rights—particularly the First Amendment’s protection of free speech. The First Amendment prohibits the government from excluding citizens from a public forum on the basis of their viewpoints. Public officials acting under color of state law similarly may not use the authority of their offices to deprive citizens of their First Amendment rights.
However, the application of this protection in the context of social media has been inconsistent across federal circuit courts. Although these courts agree that viewpoint discrimination by the government on …
Nft For Eternity, 2023 Hadar Jabotinsky Center for Interdisciplinary Research of Financial Markets, Crises and Technology; School of Law, Zefat Academic College
Nft For Eternity, Hadar Y. Jabotinsky, Michal Lavi
University of Michigan Journal of Law Reform
Non-fungible tokens (NFTs) are unique tokens stored on a digital ledger – the blockchain. They are meant to represent unique, non-interchangeable digital assets, as there is only one token with that exact data. Moreover, the information attached to the token cannot be altered as on a regular database. While copies of these digital items are available to all, NFTs are tracked on blockchains to provide the owner with proof of ownership. This possibility of buying and owning digital assets can be attractive to many individuals.
NFTs are presently at the stage of early adoption and their uses are expanding. In …
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, 2023 William & Mary Law School
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany C. Lee
William & Mary Law Review
Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyber-physical systems pose a new host of deadly security risks that traditional notions of cybersecurity struggle to take into account. Previously, we could predict how algorithms would function as they drew on defined inputs. But cyber-physical systems draw on unbounded inputs from the real world. Moreover, with wide networks of cyber-physical medical devices, a single cybersecurity breach could pose lethal dangers to masses of patients.
The U.S. Food and Drug Administration (FDA) is tasked with regulating medical devices to ensure safety and …