Computer & Internet Law

Algorithmic Inclusion

Eldar Haber

Abstract Response to Peter Yu, The Algorithmic Divide and Equality in the Age of Artificial Intelligence Artificial Intelligence (AI) is expected to dramatically change humanity. From the automation of daily tasks and labor, to curing diseases and handling disasters, many forecast that human beings will soon begin enjoying the benefits of AI technology within many […]

Acquiring Ethical AI

David S. Rubenstein

Abstract Artificial intelligence (AI) is transforming how the federal government operates. Under the right conditions, AI systems can solve complex problems, reduce administrative burdens, improve human decisions, and optimize resources. Under the wrong conditions, AI systems can lead to widespread discrimination, invasions of privacy, and the erosion of democratic norms. A burgeoning literature has emerged […]

Byte Marks: Making Sense of New F.R.C.P. 37(e)

Written by: Charles Yablon

Abstract New FRCP 37(e) limits severe, case ending sanctions for lost electronically stored information (ESI) to situations where a party acted with “intent to deprive” other parties of the use of that information. But it makes no change in existing preservation duties and never explains how “intent” is to be determined for the corporation and […]

Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute

Revenge porn is the term used to describe an intimate image or video that is initially shared within the context of a private relationship but is later publicly disclosed, usually on the Internet, without the consent of the individual featured in the explicit graphic. This nonconsensual disclosure is generally fueled by an intent to harm, […]

Jacqueline D. Lipton, Law of the Intermediated Information Exchange

When Wikipedia, Google, and other online service providers staged a ―blackout protest‖ against the Stop Online Piracy Act (SOPA) in January 2012, their actions inadvertently emphasized a fundamental truth that is often missed about the nature of cyberlaw. In attempts to address what is unique about the field, commentators have failed to appreciate that the […]

Richard Esenberg, A Modest Proposal for Human Limitations on Cyberdiscovery

Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery rules that seek the perfection of preserving and producing all potentially pertinent information have become […]