Science and Technology Law Commons^™

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron

Articles

No abstract provided.

(Un)Corporate Crypto-Governance, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Public blockchain protocols face a serious governance crisis. Thus far, blockchain protocols have followed the path of early Internet governance. If the architects of blockchain protocols are not careful, they may suffer a similar fate — increasing governmental control, greater centralization, and decreasing privacy. As blockchain architects begin to consider better governance structures, there is a legal movement underway to impose a fiduciary framework upon open source software developers. If the movement succeeds, the consequences for open source software development could be dire. If arbitrarily imposed upon blockchain communities without consideration of variances among communities or the reality of how …

Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood

Cardozo Journal of Conflict Resolution

This article examines the growing use of algorithmic pretrial risk assessment tools in the United States as a response to the systemic inequities of cash bail and mass incarceration. While proponents argue that these tools offer objective, data-driven alternatives to judicial discretion, critics highlight their potential to reinforce racial and economic disparities. Amid this contentious debate, the authors call attention to the underexplored role of public defenders in mitigating the harms—and maximizing the decarcerative potential—of risk assessment algorithms. Drawing on examples from New York and New Jersey, the article outlines four key strategies for defenders: demanding transparency in algorithm design, …

The 21st Century Cowboy: Robots On The Range, Henry H. Perritt Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Transforming “Total Concept And Feel”; Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys J. Craig

Cardozo Arts & Entertainment Law Journal

Copyright infringement doctrine currently overprotects copyright owners against the perceived wrong of copying, failing to adequately countenance copying as an essential part of the authorial creative process. Drawing on existing infringement doctrine in the United States and Canada, this Article will offer an interpretation of "substantial similarity" that opens up (or at least better safeguards) space for creative copying that is to say, copying that substantially transforms the original copied work and, in doing so, advances the public interest goals of the copyright system. Part I lays the groundwork by briefly presenting a dialogic vision of authorship that complicates conventional …

Copyright Issues With The "Black Hole" Image And Their Legal Implications, Yahong Li

Cardozo Arts & Entertainment Law Journal

The release of the world'sfirst-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image 's copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a …

To Edit Or Not To Edit?--Regulating Crispr Transnationally, Ann Potter

Vanderbilt Journal of Transnational Law

After Chinese scientist Dr. He Jiankui's announcement that he had successfully edited the human genome using a new technology called CRISPR/Cas-9, Dr. He forced the world to address the ethical dilemmas introduced by gene-editing technologies. Born out of a historical tradition of human "improvement," gene-editing technologies like CRISPR/Cas-9 modify human genes down to DNA molecules. CRISPR can prevent and cure genetic diseases that have previously had no cure, but problems arise when CRISPR's use expands to enhancements or to modifications that would change the human genome permanently. Given CRISPR's potential profound impact, this Note analyzes how international bodies like the …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

The Ongoing Speculation About Smart Contracts: Smart Enough To Replace Third Party Arbitrators, Or Is "Smart" Just A Misnomer?, Rakhil Kalantarova

Cardozo Journal of Conflict Resolution

Although there is unmatched publicity about blockchain all over the world, the purpose of this Note is to provide a narrower insight into the fundamental importance of blockchain to the evolution of smart contracts. It will also introduce a proposition that oracles should be granted the authority to serve as arbitrators in mandatory Online Dispute Resolution ("ODR") and advise a step-by-step process to achieve that end. Section II of this Note will explore the background information and intricacies of blockchain technology, along with the realm of the purposes of smart contracts. It will also attempt to explain the benefits of …

Where Victims Of Data Breach Stand: Why The Breach Of Personally Identifying Information Should Be Federally Codified As Sufficient Standing For Data Breach Causes Of Action, Gabriela Nastasi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Policy Advocacy And Organizational Change At The Association Of University Technology Managers (Autm), Jacob H. Rooksby

Law Faculty Publications

Since its founding, the Association of University Technology Managers, Inc. (now preferentially called “AUTM” after a February 2018 rebranding) has played a critical role in national policy discussions relating to technology transfer, intellectual property (“IP”), federal research support, entrepreneurship, and innovation. The nonprofit association is comprised of individuals responsible for the management of technology portfolios and an increasing variety of related support programs. AUTM’s mission is “to support and advance academic technology transfer globally” by:

(1) providing members with knowledge, tools, and training for professional development,

(2) helping stakeholders understand the value and impact of technology transfer,

(3) developing partnerships …

The Current Application Of The Myriad And Mayo/Alice Rulings On Patent Eligibility: Inconsistent Results And Contradistinguishing Biotechnology Products, Skye Cho

Cardozo Arts & Entertainment Law Journal

The note examines the inconsistent application of the patent eligibility framework under Section 101 of the Patent Act, particularly in biotechnology. It argues that despite efforts by the USPTO to clarify the framework through memos and examples, courts have applied it inconsistently, leading to discrimination against biotechnology products. The analysis focuses on key Supreme Court decisions, such as Myriad Genetics and Mayo, and their impact on the patent eligibility of biotechnological innovations. The note highlights the need for clearer guidance to ensure consistent outcomes and fair treatment of biotechnological inventions.

Governing The Patent Commons, Dirk Auer, Julian Morris

Cardozo Arts & Entertainment Law Journal

Thousands of patents underpin the technologies that power the digital economy. Coordination among firms developing and implementing these novel technologies has notably been facilitated in large part by Standards Developing Organizations (SDOs). Despite the evident benefits of standardization in general and SDOs in particular, certain aspects of these processes have come under severe scrutiny from scholars, antitrust authorities, and courts. These critics argue that the standardization space suffers from two crippling market failures, namely "patent holdup" and "royalty stacking." They thus conclude that opportunistic firms will squeeze their rivals 'profits, harming consumers and stifling innovation in the process. However, recent …

Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Consumer’S Trash Is Another’S Treasure: Upcycling’S Place In Trademark Law, Jolie Brett Schenerman

Cardozo Arts & Entertainment Law Journal

The note argues that upcycling, the process of creating new, high-value products from salvaged materials, should be protected under trademark law's fair use doctrine. It contends that upcycling, unlike traditional infringement, does not confuse consumers about the source of goods and instead creates transformative works that benefit both sustainability and brand relevance. The analysis draws parallels between upcycling and parody, advocating for similar legal protections, and highlights the evolving relationship between luxury brands and upcyclers, from litigation to collaboration.

Monopolizing Free Speech, Greg Day

Scholarly Works

The First Amendment prevents the government from suppressing speech, though individuals can ban, chill, or abridge free expression without offending the Constitution. Hardly an unintended consequence, Justice Oliver Wendell Holmes famously likened free speech to a marketplace where the responsibility of rejecting dangerous, repugnant, or worthless speech lies with the people. This is supposed to maximize social welfare since the market is believed to promote good ideas and condemn bad ones better than the state. Nevertheless, anxiety is mounting that large technology corporations exercise unreasonable power in the marketplace of ideas.

Because the ability of “big tech” to abridge speech …

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 …

Legal Risks Of Adversarial Machine Learning Research, Ram Shankar Siva Kumar, Jonathon Penney, Bruce Schneier, Kendra Albert

Articles, Book Chapters, & Popular Press

Adversarial machine learning is the systematic study of how motivated adversaries can compromise the confidentiality, integrity, and availability of machine learning (ML) systems through targeted or blanket attacks. The problem of attacking ML systems is so prevalent that CERT, the federally funded research and development center tasked with studying attacks, issued a broad vulnerability note on how most ML classifiers are vulnerable to adversarial manipulation. Google, IBM, Facebook, and Microsoft have committed to investing in securing machine learning systems. The US and EU are likewise putting security and safety of AI systems as a top priority.

Now, research on adversarial …