Fragmented Data Privacy Laws: Time for Federal Legislation
Lydia Rudden Federal data privacy legislation is necessary to safeguard consumer data against privacy breaches by tech companies with increasingly intrusive data practices. In 2018, California pioneered its own comprehensive data privacy legislation, the California Consumer Privacy Act (CCPA). Currently, with nearly half of U.S. states in the process of formulating their own digital privacy laws, businesses are struggling to maintain compliance, causing financial difficulties and harming innovation. Piecemeal state legislation also leaves consumers with disparate protection depending on where they live. Without a comprehensive and uniform federal law, Big Tech lobbyists shift their focus to securing industry-friendly regulations from...
Keeping the Good Faith: YouTube, Fair Use, and the DMCA
Alexandra M. Even YouTube is an important platform for user-generated content and serves as a positive space for creativity on the internet. Nevertheless, there are some glaring problems with the way YouTube handles copyright infringement. Congress enacted the Digital Millennium Copyright Act (DMCA) before the internet had taken shape into the vast and complex body we know today. Copyright holders are given far more leniency than the creators accused of infringement, largely due to a subjective good faith standard imposed by the courts. This article proposes the good faith standard in § 512(c) of the DMCA be amended to incorporate...
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...
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
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...
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...
A Vendetta Against Alexa: Privacy Concerns in the Age of the Smart Home
Katherine Minorini A person’s right to privacy is so fundamental that it was written into the United States Constitution under the Fourth Amendment. This right, although protected, is not absolute, especially in circumstances involving voluntary disclosure of information to third parties. Issues arise when the third-party exception to the Fourth Amendment is coupled with the novel capabilities and innovations of the Internet of Things, especially with the smart home. This Essay argues that courts need to adapt their interpretation and application of the third-party doctrine so that information disclosed to and recorded by smart home manufacturers and servers respects Fourth...
The Liquidation of Data Privacy: How an Outdated Bankruptcy Code Threatens Consumer Information
Michael R. Akselrad In the modern world, billions of people share personal information online every day, ranging from consumer preferences to biometric and genetic identifiers, leading to the commoditization of user data, the value of which may dwarf the other assets of even large, multinational corporations. In the ordinary course of business, this user data may be kept confidential through such measures as privacy policies, statutory protections, and the reputational backlash facing a company that acts too brazenly with users’ sensitive information. In bankruptcy, however, some of these safeguards are eliminated in the interest of maximizing the value of the...
The Great Equalizer: Education or Technology?
Amy Lobue This Essay evaluates the structure of technology funding in education and how it has impacted students’ access to quality instruction throughout the COVID-19 pandemic. As access to education throughout the pandemic depended on students’ and schools’ abilities to procure access to connected devices, some students were left with minimal to no instruction. Further, the pandemic sheds light on the existing technology access inequities that trace the lines between socioeconomic classes. First, technology access is defined as a two-fold issue: access to the internet, and access to devices other than smartphones. This Essay presents the current federal funding structure...