Law & Technology

Privacy, Mass Intrusion and the Modern Data Breach

Written by: Jon L. Mills & Kelsey Harclerode

Abstract Massive data breaches have practically become a daily occurrence. These breaches reveal intrusive private information about individuals, as well as priceless corporate secrets. Ashley Madison’s breach ruined lives and resulted in suicides. The HSBC breach, accomplished by one of their own, revealed valuable commercial information about the bank and personal information about HSBC customers. […]

Policing, Technology, and Doctrinal Assists

Written by: Bennett Capers

Abstract Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and […]

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 […]

Black Box Tinkering: Beyond Disclosure in Algorithmic Enforcement

Written by: Maayan Perel & Niva Elkin-Koren

Abstract The pervasive growth of algorithmic enforcement magnifies current debates regarding the virtues of transparency. Using codes to conduct robust online enforcement not only amplifies the settled problem of magnitude, or “too-much-information,” often associated with present- day disclosures, but it also imposes practical difficulties on relying on transparency as an adequate check for algorithmic enforcement. […]

Pierce Giboney, Don't Ground Me Bro! Private Ownership of Airspace and How It Invalidates the FAA's Blanket Prohibition On Low Altitude Commercial Drone Operations

Abstract In years past, society has typically associated the word “drone” with the War on Terror and far-off battlefields. With the advent of the smart phone revolution, however, the once prohibitive costs of the technology have decreased to a level the general public can afford. As a consequence, a rising number of entrepreneurs associate the […]

F. Patrick Hubbard, "Sophisticated Robots": Balancing Liability, Regulation, and Innovation

Our lives are being transformed by large, mobile, “sophisticated robots” with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely […]