BC Law Library Archive
BC Law Library Archive

Category: Technology Law

2020Technology Law

Applying Antitrust in Digital Markets: Foundations and Approaches

Mark Jamison This paper analyzes the conflicts that arise when trying to apply traditional antitrust principles in the context of digital markets. Antitrust has both political and economic foundations. The political approach emphasizes populist themes that ultimately harm economic development, whereas economic approaches focus on characterizations of and remedies for market power. Digitization of markets thwarts current antitrust tools by adding complexity and rapid change. Several authors suggest populist approaches for antitrust in digital markets, but these lack rigor and fail to address central challenges. This Article suggests that antitrust should return to its earliest roots and directly address features...
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2020Technology Law

Decentralizing Drone Regulations in Low-Altitude Airspace

Julie Bateman States have long held authority over low-altitude airspace. Nonetheless, with the rise of commercial drones over the past decade, the FAA has extended its near exclusive authority over aircraft in navigable airspace, generally airspace above 500 feet, to low-altitude airspace. Several members of Congress have proposed affirming the state’s authority over low- altitude airspace, most recently Senator Mike Lee with the Drone Integration and Zoning Act of 2019. Under the FAA’s regime, dominant players have secured valuable authorizations for beyond visual line of sight operations and package delivery services, yet small businesses have struggled to obtain authorization for...
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2020Technology Law

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...
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2020Technology Law

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...
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2020Technology Law

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...
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2020Technology Law

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...
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2019Technology Law

Apple Bites Back: An Antitrust Analysis of Qualcomm’s Licensing Practices

Marie Weisfeiler Both Apple and the Federal Trade Commission filed lawsuits against Qualcomm alleging antitrust violations. Specifically, both alleged that Qualcomm used its monopoly power to engage in unfair licensing practices and create an exclusive deal with Apple, in violation of its industry commitment to use fair practices in licensing its patents. This essay compares Qualcomm’s practices to those of Microsoft in 1998, which, because of Microsoft’s restrictive licensing and exclusive deals, were deemed to have violated the Sherman Act. It then considers the implications for licensing, technology, and antitrust law if a similar case is litigated in the future....
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2019Technology Law

Protect Your Own Data: Interactive Streaming Narratives and Data Privacy Concerns

Sabra Paige Hopkins Black Mirror: Bandersnatch exemplifies the value of data gathered from interactive streaming narratives. Netflix can utilize its wealth of subscriber data to push targeted product placements to subscribers based on their demographic data. Data on subscriber choices could also be used to increase the accuracy of Netflix’s recommendation algorithm. In the wake of data privacy regulations, companies must justify their data collection and processing practices. Read Full Text Here
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2018Healthcare LawTechnology Law

Get Out of My Head: An Examination of Potential Brain-Computer Interface Data Privacy Concerns

Kevin Y. Li Brain-computer interfaces (“BCI”), which interpret brain impulses and translate them into real world outputs, currently exist in a variety of forms. With the continued development of BCIs and their increasing complexity, privacy issues will arise in regards to the data that they collect. Existing federal statutes, such as HIPAA, as well as state data privacy statutes offer some protection to BCI users, but it remains to be seen whether these laws will be sufficient to accommodate the amount and sensitivity of the data likely to be generated by future BCIs. Lastly, this article explores the possibility of...
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2018Technology Law

Resolving US-China IP Disputes Through the WTO: A Legal Alternative to Unilateral Sanctions

Stephen Garvey This article examines the United States’ ongoing trade dispute with China regarding Chinese abuses of American intellectual property rights. The U.S. has filed both a complaint against China before the WTO for violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), and simultaneously imposed a series of unilateral sanctions on Chinese goods, in violation of the WTO Marrakesh Agreement. Imposing illegal sanctions while seeking redress from the WTO undermines the legitimacy of the U.S.’ claims and has provoked retaliatory tariffs. As the TRIPS agreement comprehensively covers the dispute in question, the U.S. should scale...
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