By: Dacia Green In the Digital Age, information is more accessible than ever. Unfortunately, that accessibility has come at the expense of privacy. Now, more and more personal information is in the hands of corporations and governments, for uses not known to the average consumer. Although these entities have long been able to keep tabs on individuals, with the advent of virtual assistants and “always-listening” technologies, the ease by which a third party may extract information from a consumer has only increased. The stark reality is that lawmakers have left the American public behind. While other countries have enacted consumer privacy protections, the United States has no satisfactory legal framework in place to curb data collection by greedy businesses or to regulate how those companies may use and protect consumer data. This Article contemplates one use of that data: digital advertising. Inspired by stories of suspiciously well-targeted advertisements appearing on social media websites, this Article additionally questions whether companies have been honest about their collection of audio data. To address the potential harms consumers may suffer as a result of this deficient privacy protection, this Article proposes a framework wherein companies must acquire users’ consent and the government must ensure
Month: May 2018
Online Terrorist Speech, Direct Government Regulation, and the Communications Decency Act
By: Steven Beale The Communications Decency Act (CDA) provides Internet platforms complete liability protection from user-generated content. This Article discusses the costs of this current legal framework and several potential solutions. It proposes three modifications to the CDA that would use a carrot and stick to incentivize companies to take a more active role in addressing some of the most blatant downsides of user-generated content on the Internet. Despite the modest nature of these proposed changes, they would have a significant impact. Download Full Article (PDF) Cite: 16 Duke L. & Tech. Rev. 333
Initial Coin Offerings: Innovation, Democratization, and the SEC
By: Jay Preston Initial coin offerings are a source of controversy in the world of startup fundraising, and their legality is, at best, an open question. Amid soaring valuations and rumors of looming SEC action, investors and issuers alike are scrambling to forge a path forward for the token-based startups of tomorrow. While issuers may soon be forced to comply with United States securities laws, the existing regime is inadequate because it does not allow startups to capture the unique benefits of coin sales and, more importantly, it does not allow eager American investors to take part in funding the world’s next generation of technology companies. Download Full Article (PDF) Cite: 16 Duke L. & Tech. Rev. 318
Crashed Software: Assessing Product Liability for Software Defects in Automated Vehicles
By: Sunghyo Kim Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new challenges in bringing product liability claims against manufacturers and developers. Download Full Article (PDF) Cite: 16 Duke L. & Tech. Rev. 300