BC Law Library Archive
BC Law Library Archive

Tag: technology

2022Technology Law

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...
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2022Technology Law

The Search to Find a Legal Remedy for Regulating Censorship on Social Media

Kristen Cuetos The rise of Big Tech has led to concern over social media companies’ power in regulating user content. Social media users are claiming, more frequently now than ever, that their posts, ideas, and views are being censored by social media platforms. Contrarily, other users are arguing that platforms aren’t doing enough to moderate and curb harmful or offensive speech online. Many have filed lawsuits against social media companies for infringing on users’ First Amendment freedom of speech. These lawsuits fail because of the legal barriers that protect social media companies from such liability. As a result, controversy has...
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2022Technology Law

A Comparative Study of Nuclear Reactor Standardization Policy in the United States and France

Margaret Cooney As the United States moves to reduce its carbon footprint, nuclear energy has become an essential energy alternative to fossil fuels. The current U.S. nuclear fleet is aging and will soon be decommissioned, so building new reactors is essential for U.S. energy production needs. In building a new generation of nuclear reactors, the United States may consider looking to France for inspiration. France’s reactor fleet is highly standardized, meaning that there are only a few reactor designs. There are potential benefits and drawbacks to standardization in nuclear technology. Some scholars argue that a policy of standardization would lower...
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2022Technology Law

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
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2022Copyright

Digital Art Says: Protect Our “Groove” Too

Annie Kim Digital technology has become one of the most common methods artists use to create art. This advancement in technology causes many copyright difficulties, especially related to artists’ styles. Standardized and common features of digital software have made it far too easy for people to duplicate other people’s work, and more significantly, an artist’s unique style. Current copyright laws are insufficient to address these issues, and there is almost no legal precedent related to protecting an artist’s “art style.” In a groundbreaking case, Williams v. Gaye, the court implemented a two-part test to imply protection for musical styles, the...
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2022Healthcare LawTechnology Law

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...
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2021Technology Law

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...
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2021Technology Law

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...
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2021Technology Law

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...
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2020Technology Law

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...
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