Data Privacy Concerns Regarding COVID-19 Contact Tracing Apps and Implications for the Field of Cybersecurity
Elana Lerner Brockmann The COVID-19 public health emergency has led to the development of contact tracing apps that enable governments and public health officials to track outbreaks and take appropriate measures in response. Contact tracing apps also allow individuals to be notified of potential contacts with infected individuals, promoting self-quarantine and reducing further spread of the virus. Although contact tracing apps have the potential to slow and reduce the spread of COVID-19, they have also brought to light data privacy and security concerns, which pose challenges to their overall use and efficacy. Congress should enact legislation to protect consumer data...
Privacy Rights of College Athletes: Controls on the Use of Technology to Collect Player Medical Data
Armen Grigorian College athletic departments are always looking to gain an edge over their competitors. Recently, these athletic departments have been gathering player medical data through various new technologies designed to track player performance in the hopes of better preparing for game day, but this raises many privacy concerns. College athletes are often asked to waive privacy protections for their medical data. This is problematic as there are currently no controls on what the universities can do with said data. For student-athletes to retain their privacy rights, the field must develop and implement restrictions on the accessibility of their personal...
Curbing Widespread Discrimination by Artificial Intelligence Hiring Tools: An Ex Ante Solution
Bradfield E. A. Biggers Artificial intelligence (AI) acolytes insist AI will pave the way for idealistic workplace hiring. Their idea is that AI can circumvent common human frailties, such as prejudices and narrow-mindedness, to achieve social and economic equality. Yet inherent biases permeating into AI algorithms stifle society’s goal of promoting equality in the workplace. Despite a growing awareness of AI’s potential for prejudice, politicians are slow to support substantial legislation regulating AI. Nevertheless, the judiciary will inevitably be tasked with addressing discrimination by AI technologies through an unprecedented construction of Title VII of the Civil Rights Act of 1964....
Applied Natural Language Processing for Law Practice
Brian S. Haney Scholars, lawyers, and commentators are predicting the end of the legal profession, citing specific examples of artificial intelligence (AI) systems out-performing lawyers in certain legal tasks. Yet, technology’s role in the practice of law is nothing new. The Internet, email, and databases like Westlaw and Lexis have been altering legal practice for decades. Despite technology’s evolution across other industries, in many ways the practice of law remains static in its essential functions. The dynamics of legal technology are defined by the organization and quality of data, rather than innovation. This Article explores the state of the art...
The Reimagined Schoolyard: Cryptocurrency’s Adoption in Tomorrow’s International Monetary Order
Stephen Wilks This Article looks to specific periods in the socio-legal history of money to make a series of predictive statements about cryptocurrency’s contemporary impact. New forms of currency have been more consequential than simply solving narrowly defined problems. They have shaped relationships between technology and government’s expansionary aims to produce important structural arrangements – sometimes at the cost of disrupting incumbent ones. In the prehistoric era, commodity based forms of money gave way to metal coins and systems of exchange that facilitated trade expansion and would eventually express political power in their physical design. The large-scale circulation of paper...
Computer Fraud: Private Parties Dictating Criminal Behavior
Zachary Schapiro Computers have become a ubiquitous part of everyday life—used in the office and the home for a wide array of features. Prior to using a computer, people must agree to various software and website terms of use. Additionally, employers typically adopt computer use policies which prohibit use of a company computer for personal matters. Many people, either knowingly or unknowingly, violate these terms and policies. Is violating these policies and agreements criminal? Circuit courts disagree on the answer. In some jurisdictions, simple violations of a website’s terms of use or a company’s computer policies could result in criminal...
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...
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...
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...