Hackback to the Drawing Board: Ambiguity and Risk in the Active Cyber Defense Certainty Act
Robert Andrea Cyber criminals, both state-sponsored and unaffiliated, are targeting private corporations and individuals more frequently. For several years, there have been calls for legislation that would allow private entities to defend themselves in cyberspace by “hacking back” against their attackers. The Active Cyber Defense Certainty Act is a recent proposal to amend the Computer Fraud and Abuse Act to permit private entities to take active defensive measures without exposing themselves to criminal liability. Although a well-intentioned proposal, the bill uses vague language to identify when, and against whom, private entities can take defensive measures. Enabling private entities to begin...
Keeping Private Messages Private: End-to-End Encryption on Social Media
Steven Song Following recent data scandals, online users have become concerned that their private information on the Internet is susceptible to misappropriation. These concerns motivated data privacy regulations such as the General Data Protection Regulation and the California Consumer Privacy Act to ensure better protection against unauthorized access to personal data. Relatedly, Facebook has announced a plan to implement end- to-end encryption (E2EE) for all of its social media messaging systems. E2EE strictly limits access to private messages to the communicating parties. Even the company managing the messaging system cannot access these encrypted conversations. The implementation of E2EE, however, comes...
Neural Interfaces and Privacy Law: In Search of a Mind Meld
Alyson Tseng Neural interfaces are electronic devices that are placed on the brain and other parts of the neural system and can collect biometric and neurometric data. Rapid developments and commercialization of neural interfaces in the non-medical realm raise concernsregarding data privacy. The major privacy risks created by neural interfaces demonstrate the need for a sufficient regulatory framework that can adequately govern new technologies. Current laws are insufficient to regulate neural interfaces. This Essay proposes changes that a United States data protection law could adopt. It also encourages companies to consider digital ethics in the design of new technologies. Read...
Misbehaved Marks: Exploring the Implications of Iancu v. Brunetti
Devon Sanders In Iancu v. Brunetti, the Supreme Court decided that the First Amendment barred the United States Patent and Trademark Office from denying trademark registration for “immoral or scandalous” marks. This marked the first time that owners could register potentially obscene or derogatory marks. This decision changes the future of trademark registration and leaves lasting repercussions throughout trademark law in general. This Article explores the history of trademark law’s ban on registration for immoral or scandalous marks, recent judicial reform with Iancu v. Brunetti and its implications, and potential solutions to challenges caused by the decision. Read Full Text...
The Case for the Use of Facial Recognition Technology
Ye-Eun Sung Consumers often unknowingly enter brick-and-mortar stores that utilize facial recognition technology. Many are, therefore, at risk of their biometric data being wrongfully used without their consent or knowledge. The delay in the courts’ and the federal government’s response to facial recognition technology has allowed its development and use to remain unregulated. Although regulation of this technology is essential, its use should not be banned outright. Due to the changing retail landscape, facial recognition technology provides brick-and-mortar stores with information that allows them to remain relevant in a market that relies significantly on the internet and e-commerce. Read Full...