Science and Technology Law Commons^™

Personhood, Politics, Assisted Reproduction, And The Law Post-Dobbs, Myrisha S. Lewis

Faculty Publications

With the end of the federal constitutional right to abortion, state legislatures and state courts have become far more important in the sphere of reproductive rights. Before Dobbs, anti-abortion advocates had significant (albeit increasingly porous) ceilings on what they could prohibit in relation to reproductive health care. A significant check on those actions is now gone.

In the wake of Dobbs, societal debates about personhood have increased and expanded in terms of their practical implications. Before Dobbs, anti-abortion advocates admitted that Roe and subsequent cases limited the scope of their arguments, especially in relation to the legality …

Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill

University of Cincinnati Law Review

Federal agencies have caught the artificial intelligence (AI) bug. A December 2023 report by the Government Accountability Office found that twenty of twenty-three federal agencies surveyed reported using some form of AI, with about two hundred current use cases for algorithms and about one thousand more in the planning phase. These agencies are using algorithms in all aspects of administration, including rulemaking, adjudication, and enforcement. The risks of AI are well-documented. Previous work has shown that algorithms can be, among other things, biased and prone to error. However, perhaps no problem poses a more serious threat to the use of …

Unfenced: The Fourth Circuit Gives Geofencing Its First Appellate Go-Ahead In United States V. Chatrie, Jordan Wallace-Wolf

Washington and Lee Law Review Online

In United States v. Chatrie, the Fourth Circuit issued the first federal appellate opinion on the Fourth Amendment status of geofencing queries. The opinion is significant because geofences present a conceptual challenge to the framework of Carpenter v. United States, the reigning Supreme Court precedent on the Fourth Amendment status of digital searches. That opinion held that long-term tracking of a target individual was a search. However, geofencing reveals information about an indeterminate number of individuals for only a short time, in virtue of their being at a target location during a target span of time. Does the …

The False Choice Between Digital Regulation And Innovation, Anu Bradford

Northwestern University Law Review

This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …

Information Accountability Foundation Names Two Maurer Faculty To Leadership Positions, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

he Information Accountability Foundation (IAF) has appointed two Indiana University Maurer School of Law faculty to lead the organization.

Fred H. Cate, a distinguished professor and C. Ben Dutton Professor of Law, was named the nonprofit think tank’s new executive director, while Stan Crosley, an adjunct faculty member and 1994 graduate of the Law School, was appointed chief policy strategist.

Founded in 2013, the IAF works with global regulators and industry executives to promote organizational accountability, data stewardship, and data ethics. Its mission is to help regulators and responsible companies better understand the challenges around Artificial Intelligence and data governance …

The Psychological Impacts Of Algorithmic And Ai-Driven Social Media On Teenagers: A Call To Action, Sunil Arora, Sahil Arora, John Hastings

Research & Publications

This study investigates the meta-issues surrounding social media, which, while theoretically designed to enhance social interactions and improve our social lives by facilitating the sharing of personal experiences and life events, often results in adverse psychological impacts. Our investigation reveals a paradoxical outcome: rather than fostering closer relationships and improving social lives, the algorithms and structures that underlie social media platforms inadvertently contribute to a profound psychological impact on individuals, influencing them in unforeseen ways. This phenomenon is particularly pronounced among teenagers, who are disproportionately affected by curated online personas, peer pressure to present a perfect digital image, and the …

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

The Future Of Work In The Era Of Ai, Orly Lobel

Indiana Law Journal

Artificial intelligence (AI) is revolutionizing both work itself and the processes of employment—hiring, recruitment, evaluation, compensation, performance analysis, retention, and job mobility. This Essay, based upon the 2024 Indiana Law Journal annual William R. Stewart Lecture, examines the effects of AI on work and argues for a holistic approach that harnesses the benefits of automation while addressing the inevitable systemic changes that AI is rapidly bringing to the labor market. The Essay examines two industries in which AI is already changing labor market demands: trucking and the performing arts. The Essay argues that while the automation can often increase efficiency …

The Rights And Obligations Of Mod Creators In Canadian Videogame Law, Christian Clavette

Canadian Journal of Law and Technology

This article explores the legal landscape for mod creators in the Canadian video game industry, examining their rights and obligations under Canadian copyright law and End User License Agreements (EULAs). With the growth of the industry, independent creators have increasingly contributed to game development through “mods,” which modify or enhance existing games. While these mods offer significant creative and commercial potential, they also pose legal challenges, particularly regarding copyright infringement and the enforceability of EULAs. The article evaluates relevant Canadian and U.S. case law, highlighting key differences and similarities, and discusses how these legal principles apply to mods. It also …

The Outer Limits Of Digital Privacy Protections: A Review Of The Privacy Fallacy, Michael Conklin

Dickinson Law Review (2017-Present)

No abstract provided.

Artificial Fiduciaries, Zhaoyi Li

Washington and Lee Law Review

The rapid development of technology in the last decade has affected all levels of society. Corporate governance has not been immune to these changes. In the future, Artificial Intelligence (“AI”) fiduciaries may be technologically capable of serving as independent corporate directors. This could be an effective way to address the challenge of the absence of truly independent directors in the traditional governance framework. Artificial fiduciaries could also offer a way to mitigate agency costs and improve overall corporate governance. However, traditional corporate law lacks solutions for coping with the integration of AI into corporate governance.

Currently, there is little scholarship …

Leading The Charge: How Increased Adoption Of Electric Vehicles Renews Calls For Data Privacy Protection In The United States, Patrick Rogers

William & Mary Environmental Law and Policy Review

This Note will examine the privacy risks associated with constructing the nationwide [electric vehicle] EV charging network and propose solutions to mitigate this risk. Part I of this Note will discuss the Biden Administration’s climate policy and legislation and focus on the transportation sector. Part II will explain EV charging and expound on the cybersecurity and privacy concerns of the charging process. Part III will survey the current regulatory landscape at the federal level and highlight California’s approach to data privacy. Finally, Part IV examines recently proposed federal and model state legislation in light of the Fair Information Practice Principles …

Back To The Future: Revisiting State Constitutions To Protect Against New Technological Intrusions, Matthew Radford

Washington and Lee Law Review

The Fourth Amendment is crucial for protecting Americans from government intrusion. However, new technologies such as pole cameras, reverse keyword searches, and geofence searches provide new ways for governments to gather information about individuals. As these new technologies develop, the Fourth Amendment has struggled to advance alongside this new technology.

Thankfully, the Fourth Amendment is not the only protection Americans have from government intrusion. Every single state has its own state constitution and analog to the Federal Fourth Amendment. In fact, some states had their own analog amendments even before the adoption of the Federal Fourth Amendment. While oftentimes the …

Towards Green Crypto Mining: Regulating Sustainability In Canada And Iceland — A Dual Approach With Lessons From Bitcoin And Copper Industries, Gulnoza Abdurakhmonova

Canadian Journal of Law and Technology

Cryptocurrency mining has emerged as a significant sector within the digital economy, characterised by its substantial energy consumption and its impact on environmental sustainability. The article undertakes a comparative analysis of the regulatory frameworks governing cryptocurrency mining in Canada and Iceland, with a particular emphasis on addressing energy consumption and environmental concerns. The article aims to provide valuable insights into crafting effective regulatory strategies that balance the growth of the crypto mining industry with sustainable energy practices. It will highlight the growing importance of regulating this industry to address these challenges effectively.

L’extraction de crypto-monnaie est devenue un secteur important …

R. V. Bykovets: An Affirmation Of Canadians’ Right To Informational Privacy, Bertina Lou

Canadian Journal of Law and Technology

The R. v. Bykovets decision illustrates how new technological realities can reconfigure societal norms and values in ways that demand recognition in the eyes of the law. This case commentary summarizes the Supreme Court’s 2024 Bykovets decision and situates it in jurisprudence on Section 8 of the Canadian Charter in relation to informational privacy. It also demonstrates how the normative approach applied by the SCC in Bykovets, which reflects increased accountability for third parties to safeguard individuals’ privacy, appropriately reconciles divergences in jurisprudence over time.

La décision R c. Bykovets illustre comment les nouvelles réalités technologiques peuvent reconfigurer les …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

Defamation Or Impersonation? Working Towards A Legislative Remedy For Deepfake Election Misinformation, John Thayer

William & Mary Law Review

This Note explores how election deepfakes fit into the broader frameworks of defamation and impersonation law and posits that Congress and the judiciary may remedy the threat by borrowing from both areas of law. It builds on existing scholarship that has addressed the issue of deepfakes in both the electoral context as well as the general context. Furthermore, it expands upon scholars’ prior identification of these areas of law as potential avenues for regulating election deepfakes.11 It posits that solutions to election deepfakes offered by Professors Rebecca Green and Rick Hasen could go even further while still surviving constitutional scrutiny, …

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …

Common Measures Of Vaccination Intention Generate Substantially Different Estimates That Can Reduce Predictive Validity, Jessica Fishman, K. Aleks Schaefer, Daniel Scheitrum, Christopher Robertson, Dolores Albarracin

Faculty Scholarship

Surveys often estimate vaccination intentions using dichotomous ("Yes"/"No") or trichotomous ("Yes," "Unsure," "No") response options presented in different orders. Do survey results depend on these variations? This controlled experiment randomized participants to dichotomous or trichotomous measures of vaccine intentions (with “Yes” and “No” options presented in different orders). Intentions were measured separately for COVID-19, its booster, and influenza vaccines. Among a sample of U.S. adults (N = 4,764), estimates of vaccine intention varied as much as 37.5 ± 17.4 percentage points as a function of the dichotomous or trichotomous response set. Among participants who had not received the COVID-19 vaccine, …

Bridging The False Certification Gap: Why “Resulting From” In The 2010 Aks Amendment Requires But-For Causation, Alexandra Wildman

Fordham Law Review

Before 2010, violators of the Anti-Kickback Statute (AKS) could avoid False Claims Act (FCA) liability if claims for items or services borne of their kickback scheme were submitted to federal healthcare programs by a third party. In 2010, as part of the Affordable Care Act (ACA), Congress attempted to close this loophole in the FCA by amending the AKS. Under the amendment’s terms, claims submitted to federal healthcare programs for items or services “resulting from” an AKS scheme are false for the purposes of establishing FCA liability, regardless of who submitted the claims.

Although the amendment widened the FCA liability …