Science and Technology Law Commons^™

Opt Out Or Pipe Down, You Traded Your Data Away: Balancing Computer Crime Prevention, Third-Party Data, And Individual Privacy Rights, Ken Sterling

UC Law Science and Technology Journal

This article explores the complex issue of governments’ access to thirdparty user data without search warrants in the detection, prevention, and prosecution of computer crimes. Topics under analysis include balancing data privacy and public safety, the application of the Fourth Amendment, and seminal court cases such as Riley, Carpenter, and Smith v. Maryland. Cybercrime poses a significant threat to society, businesses, individuals, and governments. While privacy advocates argue for warrant-based access to user data, individuals readily “opt in” and share their data with companies, raising the question of why stricter standards should apply to government use. This article proposes that …

Research On The Influence Of Network Public Opinion On Criminal Legislation In Major Drug Safety Events, Tianyu Guo, Shulin Zhao, Zheng Li, Jie Hao, Siyao Jia

Journal of Scientific Information Research

[Purpose/significance]Drug safety has a significant responsibility and is related to people's life and health. Through the network public opinion of typical drug safety incidents, judicial data of drug crime system, and evidence of actual legislative adjustment, the evolution law between public opinion, justice and legislation was explored.[Method/process]Taking the case of Lu Yong purchasing anti-cancer drugs and the case of Changchun Changsheng fake vaccine as examples, the public opinion data related to the events on Sina Weibo were extracted, and the SnowNLP method, integrated model based on logistic regression model (LR) and gradient lifting decision Tree (GBDT) were used to conduct …

The Tragedy Of The Ai Anticommons, Shelby Ponton

UC Law Science and Technology Journal

Should AI companies be allowed to “train” their models on the copy- righted works of others without consent or compensation? Legally, can they? These questions are being litigated in courts across the United States right now. When a resource, such as AI, is engulfed in effective rights of exclusion from a vast array of battling rightsholders, that resource is susceptible to un- derutilization. This phenomenon is referred to as a tragedy of the anticom- mons. This Article highlights how AI is subject to an anticommons weak- ness. If the millions of intellectual property holders, whose intellectual property these AI models …

The Brain Is In Your Court: Evaluating Intellectual Property Infringement Audience Through The Lens Of Neuroscience, Madyson Kent

Washington and Lee Law Review

To protect creations of the mind, the law needs to understand the mind. Thankfully, the rapidly emerging field of neuroscience provides an invaluable glimpse into the inner workings of the human brain. Now that scientific instruments provide a window into the living brain, it is time to reexamine the way intellectual property law decides the outcomes of infringement lawsuits.

Critically examining neuroscience in the context of the law helps to answer the most fundamental question in an intellectual property lawsuit: Was there infringement? A judicial hesitancy to understand the thought processes of artists and creators results in relying on the …

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi

Faculty Works

This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.

Toward A Biometric Privacy Act To Protect Individual Rights: What The United States Can Learn From The European Union And China, Sophia Hilsman

Cardozo International & Comparative Law Review

The note examines the regulatory frameworks governing biometric AI technologies, particularly facial recognition, in the United States, China, and the European Union. It argues that the U.S. currently lacks comprehensive federal legislation to protect individuals' privacy and civil liberties in the face of advancing biometric technologies. The analysis advocates for a balanced regulatory approach that mitigates the risks of mass surveillance and erosion of privacy while allowing for beneficial uses of biometric AI. The author proposes that Congress should adopt federal legislation modeled after the EU's GDPR to establish a baseline for biometric data protection, ensuring consistency and stronger safeguards …

Systemic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

Articles

Today's artificial intelligence ("AI") systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI's broader risks and law's role in addressing them. These risks are wide ranging -they span harms to vulnerable …

Legal Governance Of Artificial Intelligence In Healthcare Devices And Services In Singapore, Warren B. Chik, Haran Sugumaran

Research Collection Yong Pung How School Of Law

The use of artificial intelligence (AI) in healthcare applies across a spectrum of goods and services that support the industry. The main benefits of developing and applying AI to healthcare are: (a) the potential for it to perform functions beyond what can be done manually by the natural person; (b) the greater efficiency and accuracy that it can give to detection, diagnosis and medication/recovery; (c) the minimisation of risk and the possible lowering of cost (in the long term); and (d) in appropriate cases, minimal human intervention or involvement, especially in situations or conditions that may present a risk of …

Generative Artificial Intelligence: The Protection Of Personal Data And Countering False Narratives About The Person, Warren B. Chik

Research Collection Yong Pung How School Of Law

Generative artificial intelligence (“Gen AI”) has rapidly become ubiquitous on online platform services, from chatbots and virtual assistants to search engines and social media. This generated concerns over potentially harmful effects from its use in both social and professional settings, including the added threats to personal data privacy and accuracy of personal information. In this article, the author will explain how Gen AI operates and why it gives rise to these issues, examine the policy and law relating to Gen AI, both existent and anticipated, and suggest possible solutions to the problems in the form of legal and non-legal measures.

"The Law Doesn't Work Like A Computer": Exploring Software Licensing Issues Faced By Legal Practitioners, Nathan Wintersgill, Trevor Stalnaker, Laura A. Heymann, Oscar Chaparro, Denys Poshyvanyk

Faculty Publications

Most modern software products incorporate open source components, which requires compliance with each component’s licenses. As noncompliance can lead to significant repercussions, organizations often seek advice from legal practitioners to maintain license compliance, address licensing issues, and manage the risks of noncompliance. While legal practitioners play a critical role in the process, little is known in the software engineering community about their experiences within the open source license compliance ecosystem. To fill this knowledge gap, a joint team of software engineering and legal researchers designed and conducted a survey with 30 legal practitioners and related occupations and then held 16 …

Reinventing Operational Risk Regulation For A World Of Climate Change, Cyberattacks, And Tech Glitches, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

Around 30 years ago, banking regulators began to construct the concept of “operational risk,” and devise rules to manage this newly created risk category. This “invention” of operational risk assembled a grab-bag of otherwise uncategorized risks associated with banking operations; this Article argues that the resulting operational risk regulation framework isn’t very well suited to some of those risks. In particular, this Article demonstrates that the existing operational risk regulation framework is becoming an increasingly inadequate response to banks’ exposure to operational losses following damage to their physical assets and business disruption and system failures. This is so for two …

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

Nnalsa Briefs Introduction

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Respondent, Skylee James, Lauren Bretz

Public Land & Resources Law Review

No abstract provided.

Held V. State, Cause No. Cdv-2020-307, Amber C. Ellison

Public Land & Resources Law Review

No abstract provided.

Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco

Brooklyn Journal of Corporate, Financial & Commercial Law

Online Fitness Platforms, like Peloton, have become ubiquitous in a modern post-Covid world. Fitness classes are catered to the musical interests of their users, increasing user satisfaction. Although technology has advanced to accommodate the remote fitness industry, the legal structures in place for synchronization licenses have not. Such platforms have a unique need to clear music on a quick and consistent basis that does not break the bank. Downtown Music Publishing LLC v. Peloton Interactive, Inc., highlights the necessity for a federal statutory scheme similar to those used for other music licenses. A solution that protects competition but does not …

Using Express Federal Preemption To Avoid A Costly State-By-State Regulatory Landscape For Social Media Platform, Benjamin Summers-Berger

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the last five years, the federal government has been slow to respond to the growing number of calls for social media regulation. Social media has a massive impact on American life, fostering connections among people and amplifying information. The companies that own and operate these platforms enjoy a power to disseminate information that has been likened to that of the Catholic Church in the Middle Ages. Yet, there is no substantive regulation of these companies by the federal government. Instead, state governments are attempting to fill the regulatory void left by the federal government. As seen with gerrymandering, if …

Reconsidering Scienter With Social Media: Adapting Rule 10b-5 In The Age Of Elon Musk Tweets, John Madigan

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the last twenty years, the rise of social media has dramatically changed how the world communicates. One such transformation is the use of social media platforms to disseminate information regarding the financial markets, aiding investors in their trading decisions. While increased access to financial information has democratized retail consumers’ access to capital markets, it has also introduced a level of instability. Furthermore, social media enables individuals with mass followings to disseminate their thoughts, opinions, or information, potentially influencing investors’ behavior and creating an environment conducive to securities fraud. Since its promulgation, the United States Securities and Exchange Commission (SEC) …