Author Archives: dukelawtechreview

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

Posted in Media & Communications | Tagged

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

Posted in Media & Communications | Tagged , ,

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

Posted in Cryptocurrency, Securities Law | Tagged

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

Posted in Intellectual Property, Patents & Technology, Science & Technology | Tagged , ,

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

Posted in Science & Technology | Tagged , ,

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

Posted in Data Analytics, Intellectual Property, International | Tagged , ,

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

Posted in CyberCrime | Tagged

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

Posted in Copyrights & Trademarks, Science & Technology | Tagged , ,

Peeling Back the Student Privacy Pledge

By: Alexi Pfeffer-Gillett Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education … Continue reading

Posted in Media & Communications, Science & Technology | Tagged ,

Artificial Intelligence: Application Today and Implications Tomorrow

By: Sean Semmler & Zeeve Rose This paper analyzes the applications of artificial intelligence to the legal industry, specifically in the fields of legal research and contract drafting. First, it will look at the implications of artificial intelligence (A.I.) for … Continue reading

Posted in Science & Technology | Tagged , , ,

Slave to the Algorithm? Why a ‘Right to an Explanation’ Is Probably Not the Remedy You Are Looking For

By: Lilian Edwards & Michael Veale Algorithms, particularly machine learning (ML) algorithms, are increasingly important to individuals’ lives, but have caused a range of concerns revolving mainly around unfairness, discrimination and opacity. Transparency in the form of a “right to … Continue reading

Posted in Data Analytics, International | Tagged ,

Collection of Cryptocurrency Customer-Information: Tax Enforcement Mechanism or Invasion of Privacy?

By: Austin Elliott After granting permission to the Internal Revenue Service to serve a digital exchange company a summons for user information, the Federal District Court for the Northern District of California created some uncertainty regarding the privacy of cryptocurrencies. … Continue reading

Posted in Cryptocurrency, Uncategorized | Tagged , ,

Outer Space: The Final Frontier or the Final Battlefield?

By: Emily Taft Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of … Continue reading

Posted in International, Science & Technology, Space Law | Tagged

Embryos as Patients? Medical Provider Duties in the Age of CRISPR/Cas9

By: G. Edward Powell III The CRISPR/Cas9 genome engineering platform is the first method of gene editing that could potentially be used to treat genetic disorders in human embryos. No past therapies, genetic or otherwise, have been intended or used … Continue reading

Posted in Health & Biotechnology, Science & Technology | Tagged ,

Damned Lies & Criminal Sentencing Using Evidence-Based Tools

By: John Lightbourne The boom of big data and predictive analytics has revolutionized business. eHarmony matches customers based on shared likes and expectations for romance, and Target uses similar methods to strategically push its products on shoppers. Courts and Departments … Continue reading

Posted in Data Analytics | Tagged

The Licensing Function of Patent Intermediaries

By: John E. Dubiansky The contemporary patent marketplace is a complex ecosystem comprised of innovators and manufacturers who are often connected by a varied group of intermediaries. While there are a variety of intermediary business models—such as patent assertion entities … Continue reading

Posted in Intellectual Property, Patents & Technology | Tagged

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright’s Precedent Gridlock

By: Glenn E. Chappell Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property | Tagged

Increasing Copyright Protection for Social Media Users by Expanding Social Media Platforms’ Rights

By: Ryan Wichtowski Social media platforms allow users to share their creative works with the world. Users take great advantage of this functionality, as Facebook, Instagram, Flickr, Snapchat, and WhatsApp users alone uploaded 1.8 billion photos per day in 2014. … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property, Media & Communications | Tagged ,

Law Firm Cybersecurity: The State of Preventative and Remedial Regulation Governing Data Breaches in the Legal Profession

By: Madelyn Tarr With the looming threat of the next hacking scandal, data protection efforts in law firms are becoming increasingly crucial in maintaining client confidentiality. This paper addresses ethical and legal issues arising with data storage and privacy in … Continue reading

Posted in CyberCrime, Media & Communications | Tagged

The Dawn of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into a Decades-Old Promise

By: Kathryn D. Betts and Kyle R. Jaep Technological advances within contract drafting software have seemingly plateaued. Despite the decades-long hopes and promises of many commentators, critics doubt this technology will ever fully automate the drafting process. But, while there … Continue reading

Posted in Science & Technology | Tagged

SEC Reporting Requirements for Publicly Traded Companies Should Not be Expanded Despite Advancements in Information Technology

By: Lindsey Kell Advancements in information technology allow information to be collected and analyzed quickly within a corporation. As a result, technology also allows the quicker release of information to the Securities Exchange Commission (SEC)—much quicker than the Form 10-K … Continue reading

Posted in Securities Law, Technology and Financial Reporting | Tagged

Websites as Facilities Under ADA Title III

By: Ryan C. Brunner Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies … Continue reading

Posted in Media & Communications

Schools, Speech, and Smartphones: Online Speech and the Evolution of the Tinker Standard

By: Aleaha Jones Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums … Continue reading

Posted in Media & Communications | Tagged | 1 Comment

What’s in a Name: Cable Systems, FilmOn, and Judicial Consideration of the Applicability of the Copyright Act’s Compulsory License to Online Broadcasters of Cable Content

By: Kathryn M. Boyd The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property, Media & Communications | Tagged