Author: mw511@duke.edu

Beyond Patents: Incentive Strategies for Ocean Plastic Remediation Technologies

Current Volume, Intellectual Property, Patents & Technology, Recent Publications, Science & Technology One comment

By: Jacob Stotser With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and targeted reforms to patent procedures. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 114

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Barcoding Bodies: RFID Technology and the Perils of E-Carceration

Current Volume, Recent Publications, Science & Technology One comment

By: Jackson Samples Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 89

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Virtual Gaming, Actual Damage: Video Game Design That Intentionally and Successfully Addicts Users Constitutes Civil Battery

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By: Allison Caffarone In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical significance of, as well as normative and moral foundations for, holding video game developers accountable. It argues the novel theory that video game developers who succeed in their expressed intention to rewrite the neural pathways of gamers should be held liable for the intentional tort of battery. It further contends that private redress based on an intentional battery cause of action is preferable to actions grounded in negligence or failure to warn because in a battery suit, there is no need to prove that the plaintiff was harmed—offensive contact suffices. Moreover, battery claims may be preferable as

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The Lack of Responsibility of Higher Education Institutions in Addressing Phishing Emails and Data Breaches

Current Volume, Cybersecurity, Data Governance, Notes, Recent Publications, Science & Technology Leave a comment

By: Muxuan (Muriel) Wang Higher education institutions (HEIs) are highly susceptible to cyberattacks, particularly those facilitated through phishing, due to the substantial volume of confidential student and staff data and valuable research information they hold. Despite federal legislations focusing on bolstering cybersecurity for critical institutions handling medical and financial data, HEIs have not received similar attention. This Note examines the minimal obligations imposed on HEIs by existing federal and state statutes concerning data breaches, the absence of requirements for HEIs to educate employees and students about phishing attacks, and potential strategies to improve student protection against data breaches. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 35

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Next-Generation Data Governance

Current Volume, Data Governance, eCommerce, Featured Articles, Science & Technology Leave a comment

By: Kimberly A. Houser & John W. Bagby The proliferation of sensors, electronic payments, click-stream data, location-tracking, biometric feeds, and smart home devices, creates an incredibly profitable market for both personal and non-personal data. It is also leading to an amplification of harm to those from or about whom the data is collected. Because federal law provides inadequate protection for data subjects, there are growing calls for organizations to implement data governance solutions. Unfortunately, in the U.S., the concept of data governance has not progressed beyond the management and monetization of data. Many organizations operate under an outdated paradigm which fails to consider the impact of data use on data subjects due to the proliferation of third-party service providers hawking their “check-the-box” data governance systems. As a result, American companies suffer from a lack of trust and are hindered in their international operations due to the higher data protection requirements of foreign regulators. After discussing the pitfalls of the traditional view of data governance and the limitations of suggested models, we propose a set of ten principles based on the Medical Code of Ethics. This framework, first encompassed in the Hippocratic Oath, has been evolving for over one thousand years

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Smart Money for the People: Using Financial Innovation and Technology to Promote ESG

Cryptocurrency, Current Volume, eCommerce & Business, Featured Articles, Securities Law, Technology and Financial Reporting One comment

By: Frank Emmert Traditional fiat currencies managed by governments and central banks have had negative impacts on environmental, social, and governance (ESG) goals. Central banks in mature democracies pursue policies that prioritize economic growth and high employment. However, these policies often lead to inflation, eroding the savings and pension funds of average citizens and encouraging risky behavior by banks and entrepreneurs. The pursuit of endless growth is socially and environmentally unsustainable. Leaders in developing countries and dictatorships use expansive monetary policy to maintain their positions, further exacerbating the situation. Convertible fiat currencies moving across borders in untraceable transactions evade regulation and taxation, with trillions hidden in offshore tax havens. Virtual or crypto currencies on a blockchain can address these issues. Transactions on a public blockchain are transparent, traceable, and immutable, and monetary policy is controlled by algorithms, free from political influence. However, existing crypto currencies like Bitcoin and Ethereum have failed to align with ESG goals and have harmed the environment. They favor large capital holders and allow illicit money movements. Blockchain technology can be used differently, however. A virtual currency with strong governance, pegged to a currency basket, could be designed to build trust and appreciate in value, promoting

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The GPTJudge: Justice in a Generative AI World

Alternative Intelligence, Current Volume, eDiscovery, Featured Articles, Intellectual Property, Recent Publications, Science & Technology 2 comments

By: Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, and Molly Xu Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to hire forensic experts to address AI-generated evidence, the ability of juries to discern authentic from fake evidence, and whether GenAI will overwhelm the courts with AI-generated lawsuits, whether vexatious or otherwise. GenAI systems have the potential to challenge existing substantive intellectual property (“IP”) law by producing content that is machine, not human, generated, but that also relies on human-generated content in potentially infringing ways. Finally, GenAI threatens to alter the way in which lawyers litigate and judges decide cases. This article discusses these issues, and offers a

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