A Vendetta Against Alexa: Privacy Concerns in the Age of the Smart Home
Katherine Minorini A person’s right to privacy is so fundamental that it was written into the United States Constitution under the Fourth Amendment. This right, although protected, is not absolute, especially in circumstances involving voluntary disclosure of information to third parties. Issues arise when the third-party exception to the Fourth Amendment is coupled with the novel capabilities and innovations of the Internet of Things, especially with the smart home. This Essay argues that courts need to adapt their interpretation and application of the third-party doctrine so that information disclosed to and recorded by smart home manufacturers and servers respects Fourth...
The Liquidation of Data Privacy: How an Outdated Bankruptcy Code Threatens Consumer Information
Michael R. Akselrad In the modern world, billions of people share personal information online every day, ranging from consumer preferences to biometric and genetic identifiers, leading to the commoditization of user data, the value of which may dwarf the other assets of even large, multinational corporations. In the ordinary course of business, this user data may be kept confidential through such measures as privacy policies, statutory protections, and the reputational backlash facing a company that acts too brazenly with users’ sensitive information. In bankruptcy, however, some of these safeguards are eliminated in the interest of maximizing the value of the...
The Great Equalizer: Education or Technology?
Amy Lobue This Essay evaluates the structure of technology funding in education and how it has impacted students’ access to quality instruction throughout the COVID-19 pandemic. As access to education throughout the pandemic depended on students’ and schools’ abilities to procure access to connected devices, some students were left with minimal to no instruction. Further, the pandemic sheds light on the existing technology access inequities that trace the lines between socioeconomic classes. First, technology access is defined as a two-fold issue: access to the internet, and access to devices other than smartphones. This Essay presents the current federal funding structure...
The Case for Prohibiting the Sale of Individual Genetic Testing Data to Third Parties
Nathaniel Jaffe Genetic technology is getting cheaper, and millions of individuals are using direct-to-consumer genetic testing (DTC-GT) services. At the same time, the scientific understanding of genetics is improving, making sequencing information more valuable for predictive medicine, research, forensics, and many other fields. In turn, genetic information has become more valuable for third parties like insurers, researchers, and pharmaceutical companies. DTC-GT providers are in a position to provide increasingly low-cost services to a growing consumer base, while stockpiling data of increasing commercial value. The sale of genetic data threatens the privacy of the individuals who provided it and opens them...
Patentability of COVID-19 Vaccines
Zoë Haggerty In many ways, the COVID-19 crisis has disproportionately affected the most vulnerable and underprivileged members of society. National lockdowns, halted economies, and overburdened hospital systems have significantly exacerbated the obstacles faced by those already financially insecure. In light of these unique and widespread challenges, it is crucial that the marginalized members of society not be neglected as global and domestic health agencies push for efficient vaccine distribution. The implications of patenting COVID-19 vaccines are likely to disadvantage such members unless measures are taken to ensure the accessibility of such vaccines. This Essay explores the options of expanding or...