Author Archives: dukelawtechreview

High Health Care Spending and Developing Technology: Proton Beam Therapy

By: Yoojeong Jaye Han Rising health care spending is a source of concern in the U.S. With new, high-cost health care technology, paying higher prices for the use of new technology without considering cheaper, equally effective alternatives leads to inefficient … Continue reading

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Any Safe Harbor in a Storm: SESTA-FOSTA and the Future of § 230 of the Communications Decency Act

By: Charles Matula Section 230 of the Communications Decency Act not only allows the internet to flourish by shielding web platforms from liability for user-created content but also lets these companies off the hook for facilitating crime. SESTA-FOSTA, designed by … Continue reading

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A Copy of a Copy of a Copy: Internet Mimesis and the Copyrightability of Memes

By: Elena Elmerinda Scialabba Memes have become a staple of Internet culture. They provide a crucial form of cultural interchange by allowing billions to communicate and commiserate about all facets of life through the sharing of amusing and relatable phenomena. … Continue reading

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Autonomous Systems as Legal Agents: Directly by the Recognition of Personhood or Indirectly by the Alchemy of Algorithmic Entities

By: Dalton Powell At its core, agency law governs fiduciary relationships between two distinct parties (the principal and agent) in interactions with third parties. The three separate relationships within agency (principal-agent, agent-third party, and principal-third party) create binding legal rights … Continue reading

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Opting Out: Biometric Information Privacy and Standing

By: Michelle Jackson Biometric technology promises to reshape the modern economy. With the increased prevalence of biometric technology comes a heightened risk of data breaches and identity theft. To protect consumers, state legislatures have enacted biometric privacy laws. As more … Continue reading

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Measuring Baseball’s Heartbeat: The Hidden Harms of Wearable Technology to Professional Ballplayers

By: John A. Balletta After two-and-a-half decades of labor peace in Major League Baseball, storm clouds of a player strike are brewing as the operating Competitive Bargaining Agreement comes under fire. That same CBA includes Attachment 56, the most expansive … Continue reading

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The Danger of Facial Recognition in Our Children’s Classroom

By: Nila Bala The use of facial recognition in classrooms to monitor students’ performance is already happening in China and soon may be coming to the West. Surveilling students in their classrooms presents a number of potential harms: (1) it … Continue reading

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Esports, Player Positions, and the Benefits of Unionization

By: Roshan Patel This Note examines the current state and implications of unionization within the eSports industry. eSports currently lags behind other industries, particularly other sports leagues like the NBA and NFL, in terms of unionization. Unaware of the benefits … Continue reading

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Implementing Ethics Into Artificial Intelligence: A Contribution, from a Legal Perspective, to the Development of an AI Governance Regime

By: Axel Walz and Kay Firth-Butterfield The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize … Continue reading

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The Past and Future of The Internet: A Symposium for John Perry Barlow

Special Editor: James Boyle Download Full Symposium (PDF) Articles The Past and Future of the Internet: A Symposium For John Perry Barlow James Boyle Cite: 18 Duke L. & Tech. Rev. 1 A Declaration of the Independence of Cyberspace John Perry … Continue reading

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Where to Prosecute Cybercrimes

By: Jacob T. Wall Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus … Continue reading

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Icts, Social Media, & The Future of Human Rights

By: Nikita Mehandru and Alexa Koenig As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many … Continue reading

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Deepfakes: False Pornography Is Here and the Law Cannot Protect You

By: Douglas Harris It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called “deepfakes,” use artificial intelligence software to … Continue reading

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Defining and Regulating Cryptocurrency: Fake Internet Money or Legitimate Medium of Exchange?

By: Susan Alkadri Digitalization makes almost everything quicker, sleeker, and more efficient. Many argue cryptocurrency is the future of money and payment transfers. This paper explores how the unique nature of cryptocurrencies creates barriers to a strict application of traditional … Continue reading

Posted in Cryptocurrency

The Future of Freedom of Expression Online

By: Evelyn Mary Aswad Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies … Continue reading

Posted in Media & Communications

Dialing It Back: Why Courts Should Rethink Students’ Privacy and Speech Rights as Cell Phone Communications Erode the ‘Schoolhouse Gate’

By: Nicholas J. McGuire The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. … Continue reading

Posted in Media & Communications

Systemic Social Media Regulation

By: Frank Fagan Social media platforms are motivated by profit, corporate image, long-term viability, good citizenship, and a desire for friendly legal environments. These managerial interests stand in contrast to the gubernatorial interests of the state, which include the promotion … Continue reading

Posted in Media & Communications

Big Brother is Listening to You: Digital Eavesdropping in the Advertising Industry

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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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These Walls Can Talk! Securing Digital Privacy in the Smart Home Under the Fourth Amendment

By: Stefan Ducich Privacy law in the United States has not kept pace with the realities of technological development, nor the growing reliance on the Internet of Things (IoT). As of now, the law has not adequately secured the “smart” … Continue reading

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Regulating Data as Property: A New Construct for Moving Forward

By: Jeffrey Ritter and Anna Mayer The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a … Continue reading

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Hacking the Internet of Things: Vulnerabilities, Dangers, and Legal Responses

By: Sara Sun Beale and Peter Berris The Internet of Things (IoT) is here and growing rapidly as consumers eagerly adopt internet-enabled devices for their utility, features, and convenience. But this dramatic expansion also exacerbates two underlying dangers in the … Continue reading

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Live Sports Virtual Reality Broadcasts: Copyright and Other Protections

By: Marie Hopkins As virtual reality rapidly progresses, broadcasts are able to increasingly mimic the experience of actually attending a game. As the technology advances and the viewer can freely move about the game and virtual reality can simulate the … Continue reading

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