Health-Tech Apps: Unclear Regulations and Their Effects on Progress
Emily Dieli The increased emphasis on creating a more streamlined healthcare system in the United States has led to a rise in digital health-tech apps and devices. To protect the privacy of personal health data on these technologies, policymakers have turned towards regulation. The Federal Trade Commission’s (FTC) recent statement on the Health Breach Notification (HBN) Rule has extended the scope of the 2009 regulation to include previously unregulated health-tech entities. Nevertheless, the statement is vague and will have a negative impact on health-tech innovation. Policymakers should consider the implications of their regulations on health-tech progress before making such hasty...
Through the Spying-Glass: Data Privacy Concerns Regarding Mobile Spyware Apps
Payton P. Reisinger Spyware app surveillance technologies are rising in popularity for both legitimate monitoring and also to illegally spy on unsuspecting victims. In 2021, the Federal Trade Commission (FTC) issued its first ban of a spyware app, SpyFone, due to deceptive and unfair trade practices and lack of data security provisions. Some call for specific legislation to curb the effects of growing spyware apps, but opponents of regulation claim that legislative efforts will be too restrictive on growing technological industries or the legitimate uses of spyware apps. This Essay agrees with the policy rationale for implementing spyware legislation and...
Tarantino v. Miramax: The Rise of NFTs and Their Copyright Implications
Emily Dieli Non-fungible tokens (NFTs) are digital assets that are part of a relatively new industry involving blockchains and cryptocurrencies. As NFTs grow in popularity, questions have arisen over NFT copyright ownership. A federal court will have the opportunity to rule on this issue for the first time in a pending case between Miramax and Quentin Tarantino. The film production company and the well-known director are in dispute over intellectual property ownership of screenplay scenes that Tarantino sold as NFTs. The outcome of the case and future laws will have a direct impact on the way NFTs are purchased and...
Regulating the Unregulatable: The Digital Commodity Exchange Act’s Use- Based Approach to Cryptocurrency Regulation
Becky Powell Since the creation of Bitcoin in 2008, the cryptocurrency market has grown exponentially and remained relatively free from government oversight. Only within the last five years have federal agencies begun to regulate the risks the industry poses. Their response to date, though, has been piecemeal because they lack explicit, statutory jurisdiction over the industry. As a result, the cryptocurrency market faces several risks that threaten to derail its future growth. For one, the industry is a playground for criminal activity, including everything from money laundering to fraud to cyberattacks. The market is also extremely volatile, and consumers have...
Square Peg in a Round Hole: Manipulating Patent Law to Reduce the Prices of Pharmaceutical Products
Jasmine Daniel Pharmaceutical companies are commonly criticized for charging exorbitantly high prices for their products which can make it difficult for many patients to access life-saving drugs. Competitors, such as generic manufacturers, often cannot manufacture cheaper alternatives to these drugs due to strong patents which protect against product copying. Both the Bayh-Dole Act and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) include provisions which allow competitors to circumvent pharmaceutical patent protection under limited circumstances. Although there are instances in which such circumvention is necessary, ambiguities in these statutes allow countries to bypass pharmaceutical patents and encourage production...
Mind over Data: A Case for Increased Privacy Protections in Mobile Mental Health Apps
Marian Lemont As mobile mental health apps gain popularity as an emotional support alternative, privacy concerns regarding how consumers’ sensitive health data is handled are at an all-time high. Current federal privacy provisions provide insufficient consumer protection and thus render consumers’ sensitive information vulnerable to unwanted third-party sharing practices. The recently passed California Privacy Rights Act of 2020 (CPRA) includes new provisions governing businesses’ handling and deletion of sensitive user data. This article discusses how these new CPRA provisions provide a helpful framework to begin addressing this regulatory gap and identifies ways future privacy legislation can continue to strengthen mobile...
Cannabis and Patent Law: Lessons from a Canadian Cannabis Case Study
Katherine Minorini Cannabis is illegal under federal law in the United States, yet individual states have legalized it for both medicinal and recreational use. Additionally, the United States Patent and Trademark Office (USPTO) routinely issues patents for cannabis-related inventions despite the drug’s federal prohibition. As the prospect of federal legalization becomes more likely, patent protection will play a crucial role in the budding cannabis market. By evaluating Canada’s legal cannabis system, this Essay identifies lessons the United States can take from the Canadian legalization framework. Ultimately, this Essay asserts that the United States should take quick action and legalize cannabis...
The Intersection of Product Liability Law and the Internet of Things
Lucas M. Amodio Every year, an increasing number of Internet of Things devices are released. These devices can make our lives easier, but they also make our data, and potentially ourselves, more vulnerable to hackers. The question is no longer theoretical, as many of these devices can have a real impact on the world around them, like a networked sprinkler system that, if hacked, could flood a target’s basement. Going forward, we can look to the current law of product liability and the Federal Trade Commission to protect individuals from harm and loss when these devices might be compromised. Read...
The Facebook Diem Project: Can Big Tech Create Its Own Currencies?
Jo-an Chen Cryptocurrencies are rising in popularity as both a means for investment and a medium for exchange for goods and services. In 2019, Facebook announced its intent to create a new stablecoin cryptocurrency called Libra as a means to promote financial inclusion and access to the unbanked population. After its initial failed launch in 2019 due to heavy regulatory criticism over data privacy, money laundering, and financial instability concerns, Facebook is once again seeking to relaunch the Diem Project in 2021. This Essay discusses the potential social benefits, the disruption to financial institutions, and the regulatory challenges that the...
Expanding the Patent Eligibility of Diagnostic Tests and Their Methods
Jo-an Chen There is ongoing debate over whether diagnostic tests and their methods should be patent eligible. As it stands today, these tests are largely unpatentable given the restrictive interpretation of patent eligibility laws in the United States. Some argue that patent claims directed to observing a law of nature, such as diagnostic tests, should remain patent ineligible to prevent an inventor from monopolizing basic tools of science. Others argue that diagnostic tests should be patent eligible to incentivize and encourage similar types of socially beneficial discoveries and inventions. This Essay agrees with the policy rationale for expanding the patent...