Month: January 2022

2022Technology Law

Antitrust Implications of the Banning Surveillance Advertising Act

Alisha Parker-Martell The Banning Surveillance Advertising Act, proposed in the 117th Congress of the House of Representatives by Congresswoman Eshoo, would improve consumer data protection but would also have negative consequences on market competition in sectors that utilize user data. This Act is indicative of a growing conflict between antitrust policy and consumer data privacy. This essay argues that future federal consumer data privacy legislation should attempt to balance the competing interests of market health and consumer privacy rights by prohibiting exploitative uses of consumer data and mandating consumer data sharing and a period of exclusive use of collected data....
2022Technology Law

Remaining Barriers to Accessibility: Americans with Disabilities Act and Websites

Ella G. Clifford The Americans with Disabilities Act (ADA) was enacted in 1990 in order to address discrimination against individuals with disabilities and ensure that individuals are afforded equal access to goods and services. Despite the fact that our society has become increasingly reliant on technology as a form of communication and commerce, websites are not explicitly covered by the ADA. This article summarizes the current state of website accessibility lawsuits under the ADA and outlines varying interpretations of the ADA by the U.S. Circuit Courts. This article advocates for a broad interpretation of the ADA to best serve its...
2022Technology Law

The Search to Find a Legal Remedy for Regulating Censorship on Social Media

Kristen Cuetos The rise of Big Tech has led to concern over social media companies’ power in regulating user content. Social media users are claiming, more frequently now than ever, that their posts, ideas, and views are being censored by social media platforms. Contrarily, other users are arguing that platforms aren’t doing enough to moderate and curb harmful or offensive speech online. Many have filed lawsuits against social media companies for infringing on users’ First Amendment freedom of speech. These lawsuits fail because of the legal barriers that protect social media companies from such liability. As a result, controversy has...
2022Technology Law

A Comparative Study of Nuclear Reactor Standardization Policy in the United States and France

Margaret Cooney As the United States moves to reduce its carbon footprint, nuclear energy has become an essential energy alternative to fossil fuels. The current U.S. nuclear fleet is aging and will soon be decommissioned, so building new reactors is essential for U.S. energy production needs. In building a new generation of nuclear reactors, the United States may consider looking to France for inspiration. France’s reactor fleet is highly standardized, meaning that there are only a few reactor designs. There are potential benefits and drawbacks to standardization in nuclear technology. Some scholars argue that a policy of standardization would lower...

Choreographic Works in the Age of Social Media: The Issues and Implications of Copyrighting TikTok Dances

Patricia Garza Gonzalez Keara Wilson, the creator of the “Savage” dance on TikTok successfully registered her dance as a choreographic work with the U.S. Copyright Office, making it the first viral TikTok dance protected under the Copyright Act of 1976. She is one of numerous TikTok dance creators seeking copyright protection for their works as the social media platform has bolstered dance dissemination through dance challenges that encourage users to reproduce and post their versions of short routines. Nevertheless, under the current guidelines for choreographic work copyright, TikTok dances are not entitled to copyright protections because of their categorization as...
2022Technology Law

Cyberwarfare and the Computer Fraud and Abuse Act

John Thurston As technology proliferates, cyberspace is becoming increasingly polluted with crime targeted at private enterprises. The escalation is the result of ineffective cybercrime laws. Although an international solution may be ideal, no treaty seems imminent. The U.S. government should focus on a more attainable solution in the short-term: amending the Computer Fraud and Abuse Act (CFAA). This Essay considers how revising the CFAA to allow qualified private companies to engage in offensive tactics would alter incentive structures. It concludes that such a revision would be an efficient solution to increase deterrence and reduce cybercrime. Read Full Text Here

Digital Art Says: Protect Our “Groove” Too

Annie Kim Digital technology has become one of the most common methods artists use to create art. This advancement in technology causes many copyright difficulties, especially related to artists’ styles. Standardized and common features of digital software have made it far too easy for people to duplicate other people’s work, and more significantly, an artist’s unique style. Current copyright laws are insufficient to address these issues, and there is almost no legal precedent related to protecting an artist’s “art style.” In a groundbreaking case, Williams v. Gaye, the court implemented a two-part test to imply protection for musical styles, the...

From Canvas to Designer Cloth: The Exploitative Nature of the Fair Use Doctrine in the Arts

Victoria Schmidt This Essay examines the controversial launch of the 2020 COACH® x Basquiat Collection featuring the signature image of Jean- Michel Basquiat on Coach purses and clothing. These signature images were part of a larger work of art by Basquiat that aimed to critique racial segregation, police brutality, and the capitalistic pull of American society. Basquiat supporters critique the collaboration as a misappropriation of the artist’s message. Under this assumption, this Essay evaluates the scope of the fair use doctrine through a hypothetical copyright infringement claim against Coach. This Essay examines the provisions of current copyright laws and advocates...

Videogame Broadcasting: Exploring a Growing Industry’s Struggle with Copyright Claims

Zachary Greenberg In the videogame industry, tournament play is crucial for game publishers in creating a loyal fan base. Tournament play has spurred the development of third-party markets including streaming, commentary, and “modding”—creating complementary software for existing games. This essay will examine the intertwined industries of videogames and streaming tournaments, and their turbulent relationship with copyright law through a case study of Super Smash Bros. Melee. In addition to exploring Nintendo’s valid claims for protection under copyright law, this essay will analyze possible solutions to streaming copyright violations utilizing the fair use defense, including wider industry changes like implementing mechanical...