Science and Technology Law Commons^™

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Vanderbilt Journal of Entertainment & Technology Law

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (VAR) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.

Protection Of And Access To Relevant Data: General Issues, Kung-Chung Liu, Shufeng Zheng

Research Collection Yong Pung How School Of Law

This chapter discusses the protection of relevant data and issues that might block access to such data. For the purpose of this chapter there are at least three kinds of data, data specifically generated for the purpose of AI the big data, and copyright protected data, each having its unique issues concerning protection and access. This chapter comes to the conclusions: Data specifically generated for AI should qualify as works worthy of copyright protection as compilations. If such data are public sector information, measures that may facilitate the widest re-uses of public data should be taken. If such data are …

Regulatory Responses To Data Privacy Crises And Their Ongoing Impact On E-Discovery, Teo Marzano

Global Business Law Review

This note argues that advancements in technology and data analysis have reduced the efficacy of the legal data privacy framework in the United States. Furthermore, foreign law blocking statutes expose litigants and corporations to increased data liability. Indeed, not only do consumers lack adequate legal remedies, but litigants face uncertain legal liability and increased costs. Simply put, updated technology requires updated laws. Better data management protects consumers and data value. A legal framework with clear guidelines for protecting data is needed.

Still, data access is integral to litigation, and courts must balance the need for data against the need for …

Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

The Reasonable Robot Standard: How The Federal Government Needs To Regulate Ethical Decision Programming In Highly Autonomous Vehicles, Laura Emmons

Journal of Civil Rights and Economic Development

(Excerpt)

A steam train is chugging along down a country track. You are a passenger, watching red and orange clustered hills pass by; fall is already here. You start to daydream about the last time you took this trip, how the summer had just begun and how quickly it went. Suddenly, reality hits. You awake from your daydream when you glance up and see five people strapped to the train tracks ahead of you. You know there is not enough time for the train to brake. Luckily, you happen to be sitting right next to the emergency switch, which would …

Making Mistakes With Machines, Dhanoa. Harsimar

Santa Clara High Technology Law Journal

MAKING MISTAKES WITH MACHINES

#Audited: Social Media And Tax Enforcement, Michelle Lyon Drumbl

Scholarly Articles

With limited resources and a diminished budget, it is not surprising that the Internal Revenue Service would seek new tools to maximize its enforcement efficiency. Automation and technology provide new opportunities for the IRS, and in turn, present new concerns for taxpayers. In December 2018, the IRS signaled its interest in a tool to access publicly available social media profiles of individuals in order to “expedite IRS case resolution for existing compliance cases.” This has important implications for taxpayer privacy.

Moreover, the use of social media in tax enforcement may pose a particular harm to an especially vulnerable population: low-income …

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Law Faculty Scholarship

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …

Bridging The Coasean Divide: A Shared Economic Lexicon For Antitrust And Worker Protection Law, Conor J. May

Colorado Technology Law Journal

No abstract provided.

Employment In The Age Of Artificial Intelligence: A Call For A Statutory Solution, Brandon Ward

Colorado Technology Law Journal

No abstract provided.

Federal Circuit’S Unconventionality Approach To Patent-Ineligibility Challenges In A Motion To Dismiss, 20 Uic Rev. Intell. Prop. L. 331 (2021), Ping-Hsun Chen

UIC Review of Intellectual Property Law

No abstract provided.

Cgi Social Media Influencers: Are They Above The Ftc’S Influence?, Kelly Callahan

Journal of Business & Technology Law

No abstract provided.

Moving Fast & Breaking Things: An Analysis Of Social Media’S Revolutionary Effects On Culture And Its Impending Regulation, Larissa Sapone

Duquesne Law Review

No abstract provided.

Cybersecurity And The U.N. Charter: A Square Peg In A Round Hole, Slate Herman

Colorado Technology Law Journal

No abstract provided.

The State Of Trade Secret Protection In China In Light Of The U.S.-China Trade Wars: Trade Secret Protection In China Before And After The U.S.-China Trade Agreement Of January 15, 2020, 20 Uic Rev. Intell. Prop. L. 108 (2021), Paolo Beconcini

UIC Review of Intellectual Property Law

No abstract provided.

Closing The Patent Loophole Across Borders, 20 Uic Rev. Intell. Prop. L. 358 (2021), Mattias Rättzén

UIC Review of Intellectual Property Law

No abstract provided.

Immunex V. Sandoz: Drafting Assignments As Licenses To Avoid Obviousness-Type Double Patenting, 20 Uic Rev. Intell. Prop. L. 412 (2021), Michael Mand

UIC Review of Intellectual Property Law

No abstract provided.

An Introductory Study On The Challenges Of Artificial Intelligence In Tort Law, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

Artificial intelligence (AI) and machine learning are creating a promising future in tech innovations. From early cancer detection apps to autonomous vehicles, possibilities seem to be endless. Yet, with such technology, harm is also bound to follow. In such instances, the issue of tort liability begs our attention. Who should bear reasonability in case of an accident? When is an injury foreseeable? Such questions in negligence law will require a different perspective when one is dealing with an accident arisen out of the implementation of AI. Should tort law take the route of products liability law? Or will traditional negligence …

Normative Dimensions Of Consensual Application Of Black Box Artificial Intelligence In Administrative Adjudication Of Benefits Claims, Frank Pasquale

Faculty Scholarship

No abstract provided.

Digital Disease Surveillance, Alan Z. Rozenshtein

American University Law Review

The fight against future pandemics will likely involve digital disease surveillance: the use of digital technology to enhance traditional public-health techniques like contact tracing, isolation, and quarantine. But legal scholarship on digital disease surveillance is still in its infancy. This Article fills that gap.

Part I explains the role that digital disease surveillance could have played in responding to coronavirus, and the role it likely will play in future infectious disease outbreaks. Part II explains how the “special needs” exception to the Fourth Amendment’s warrant requirement permits almost any rationally designed disease surveillance program. Part III suggests safeguards beyond what …