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Wanted: Spectrum Bounty Hunters June, 2022 by Wilson Scarbeary Printed, Volume 20 - Wanted: Spectrum Bounty Hunters Wilson Scarbeary[1]† Print Version: Wanted- Spectrum Bounty Hunters Politicians on both sides of the aisle love to promote market solutions to regulatory problems, especially when it comes to telecommunications policy. Despite this preference, bounties, and similar financial incentives—historically, popular market solutions to regulatory problems—have yet to be widely used in wireless policy. In response, this paper considers three hypothetical kinds of bounty programs that could be used to regulate harmful interference or address critical vulnerabilities in wireless systems. A number of… {read more...}
Closing the Cybersecurity Gap In Medical Devices – Proposing a Safe Harbor System June, 2022 by Allee Johnson Printed, Volume 20 - Closing the Cybersecurity Gap In Medical Devices – Proposing a Safe Harbor System Allee Johnson[1]† Print Version: Safe Harbor for Medical Devices Over the last decade, the number of medical devices on the market have skyrocketed. While these devices allow for a better quality of life for their recipients, they come with their own host of concerns. Patients have been consistently victimized by data breaches, which expose their personal health information for the world to see. Unfortunately for these patients, the adequate compliance and litigation… {read more...}
The Misguided Activism of the Cryptocurrency Industry: Reckoning With The Bank Secrecy Act of 1970 June, 2022 by Grant Hespeler Printed, Volume 20 - The Misguided Activism of the Cryptocurrency Industry: Reckoning With The Bank Secrecy Act of 1970 Grant Hespeler[1]† Print Version: Cryptocurrency & Bank Secrecy Act Introduction 161 I. Background: Privacy Rights from Olmstead to Katz 163 A. The Olmstead Era 163 B. Katz Balances the Scales 165 II. FinCEN’s Proposed Rule and Cryptocurrency Activism 167 III. The Bank Secrecy Act and Miller 171 A. The Bank Secrecy Act 171 B. Miller Upholds the Bank Secrecy Act 172 C. Cryptocurrency Activism Precluded by the Bank Secrecy Act… {read more...}
Systems Theory, Surveillance Capitalism, and Law: Native Wisdom and Feedback Loops to Boost the Constructive Use of Big Data June, 2022 by Adam J. Sulkowski, Danielle Blanch-Hartigan, Caren Beth Goldberg, Amy K. Verbos, Maoliang Bu, and Remy Michael Balarezo Nuñez Printed, Volume 20 -  Systems Theory, Surveillance Capitalism, and Law: Native Wisdom and Feedback Loops to Boost the Constructive Use of Big Data Adam J. Sulkowski, Danielle Blanch-Hartigan, Caren Beth Goldberg, Amy K. Verbos, Maoliang Bu, and Remy Michael Balarezo Nuñez[1]† Print Version: Native Wisdom & Big Data Introduction 136 I. Data Collection-and-Use: Evolution and Application 137 A. Surveillance Capitalism 137 B. Abuses of Our Online Presence in the Context of Employment 138 C. The Implications of Expanded Data Collection-and-Use in Healthcare 140 II. A Cautiously Offered Counter-Narrative: Why… {read more...}
Chronicles of Internet Openness: The Brazilian Case Study June, 2022 by Jeffrey Omari Printed, Volume 20 - Chronicles of Internet Openness: The Brazilian Case Study Jeffrey Omari[1]† Print Version: Brazilian Internet Openness In 2014, a data profiling company, Cambridge Analytica, gained access to the private data profiles of 50 million Facebook users. Through promotional offers that compensated users for taking a personality quiz, the company obtained personal data from users’ profiles and their Facebook “friends.” These Facebook users were unaware their data had been hijacked and that their information would be sold to Donald Trump’s 2016 presidential campaign. Allegedly, the data was… {read more...}
(F)RANDONOMICS June, 2022 by Roya Ghafele Printed, Volume 20 - (F)RANDONOMICS Roya Ghafele[1]† Print Version: (F)randonomics (F)RAND royalty rates for standard essential patents (SEPs) can and have been determined by Courts around the world. The question whether it is possible to determine (F)RAND rates does not present itself. This article offers an overview of the ‘Top Down’ and the ‘Comparable License Approach’ as they have been frequently recognized by Courts across the globe. The reasoning Courts have employed when making use of the methods are described to the extent possible in a neutral manner, as… {read more...}
Protected Grounds and the System of Non-Discrimination Law in the Context of Algorithmic Decision-Making and Artificial Intelligence June, 2022 by Prof. Dr. Janneke Gerards & Prof. Dr. Frederik Zuiderveen Borgesius Printed, Volume 20 - Protected Grounds and the System of Non-Discrimination Law in the Context of Algorithmic Decision-Making and Artificial Intelligence Prof. Dr. Janneke Gerards & Prof. Dr. Frederik Zuiderveen Borgesius[1]† Print Version: PROTECTED GROUNDS AND THE SYSTEM OF NON-DISCRIMINATION LAW IN THE CONTEXT OF ALGORITHMIC DECISION-MAKING AND ARTIFICIAL INTELLIGENCE Algorithmic decision-making and similar types of artificial intelligence (AI) may lead to improvements in all sectors of society but can also have discriminatory effects. While current non-discrimination law offers people some protection, algorithmic decision-making presents the lawmakers and law… {read more...}
The Digitization of the Carceral State: The Troubling Narrative Around Police Usage Of Facial Recognition Technology November, 2021 by Sara E. Yates Issue 2, Printed, Volume 19 - The Digitization of the Carceral State: The Troubling Narrative Around Police Usage Of Facial Recognition Technology Sara E. Yates[1]* Print Version: The Digitization of the Carceral State- The Troubling Narrative Around Police Usage Of Facial Recognition Technology The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse[2] This Note applies a racial social control frame to the problem of facial recognition technology (FRT), showing how this technology may entrench preexisting inequalities and disparate treatment of people of color by law enforcement. Police usage… {read more...}
Regulating the Social Puppeteers: § 230 & Marginalized Speech November, 2021 by Kylie Thompson Issue 2, Printed, Volume 19 - Regulating the Social Puppeteers: § 230 & Marginalized Speech Kylie Thompson[1]* Print Version: Regulating the Social Puppeteers- § 230 & Marginalized Speech   Introduction 462 I. What is § 230? 465 A. Legislative History 465 B. Expansive Scope 466 C. Threading the § 230 needle 468 II. The Power of Social Platforms 471 A. Harassment & Disinformation 471 B. Content Moderation Practices 474 C. Whose Content is it Anyway? 477 III. Reforming § 230 478 Conclusion 481 This paper addresses social platforms’ immunity under § 230… {read more...}
Personal Information and Artificial Intelligence: Website Scraping and the California Consumer Privacy Act November, 2021 by Brian Stuenkel Issue 2, Printed, Volume 19 - Personal Information and Artificial Intelligence: Website Scraping and the California Consumer Privacy Act Brian Stuenkel[1]* Print Version: Personal Information and Artificial Intelligence- Website Scraping and the California Consumer Privacy Act This note presents a hypothetical in which an upstart technology firm scrapes public-facing webpages and websites, scooping up individuals’ personal identifying information (PII) including names, addresses, phone numbers, and dates of birth (among other information) in the process. In this hypothetical scenario, the tech firm then uses the information gathered to create a dataset containing the… {read more...}

Digital Media


Healthcare Access and Equity Amidst the Rise of Telehealth October, 2021 by Paige Robinson Digital - Healthcare Access and Equity Amidst the Rise of Telehealth Discussions about healthcare--what services should be provided, who should receive them, and who should pay for them--have been brought to the social and political forefront of the American zeitgeist. Regardless of viewpoint, the crux of the conversation is if and how best to achieve equity in access and quality of care in the U.S. healthcare system. First Things First: What is Health Equity? Health Equity is an ideal to which many healthcare reform advocates aspire; It… {read more...}
In Need of A New Way Forward: The Old and New Ways Science and Technology Have Been Abused in Criminal Trials and the Need for it to Change October, 2021 by Cameron Benavides Digital - In Need of A New Way Forward: The Old and New Ways Science and Technology Have Been Abused in Criminal Trials and the Need for it to Change If nothing else, Americans deserve a fair court system. A judicial system with a faithless population loses credibility; throughout history, loss of credibility in judicial systems has caused grave issues. As technology has become more sophisticated, its use in criminal trials has become more pervasive. Many people, myself included, trust science, technology, and those who dedicate their… {read more...}
Should the game stop with Gamestop? February, 2021 by Eric Wright Digital - RobinHood, Reddit, Retail Investors, and the Role of Regulation In the course of a week, the share price of GameStop increased by almost 1000%, from $39 per share to around $350 at its peak. The gaming retailer did not suddenly and dramatically change its business model, nor did prospects for the chain of brick-and-mortar stores markedly improve.  The run appears to be driven almost entirely by a community of investors who found each other through the Reddit page, /r/WallStreetBets (“WSB”). The WSB community seized on… {read more...}
Broadband: The Lifeline of Innovation October, 2020 by Sloane Dreyer Digital - Lifeline is what the name says, it is an assistance program that creates a line to the outside world necessary to live. Today, that takes the form of broadband, when it began in the 1980’s it was the landline phone. What is Lifeline?  Since its inception, Lifeline has been trying to help the part of our society that is left behind when innovative technologies emerge. One of the public policy concerns that comes with emerging technologies is the group of citizens that are left behind… {read more...}
Law School Memes for Edgy T14s March, 2020 by Colleen McCroskey Digital - "Who is intellectual property? I don't know her." The exact date of the internet’s advent continues to be debated by scholars, but the origin of one of the internet’s most popular content mediums can be traced directly back to 1976, and the publication of Richard Dawkins’ The Selfish Gene. It was in this book that Dawkins first proposed the concept of a “meme,” which he defined as “a unit of cultural transmission.” Dawkins offered nursery rhymes, catchphrases, and fashion trends as examples of such transmissions.… {read more...}
Zero Sum War Games March, 2020 by Georgia Butcher Digital - How separating soldiers from the theatre of war creates new human costs U.S. Air National Guard photo by Senior Master Sgt. Robert Shepherd On January 3rd, 2020 the United States killed Qasem Suleimani with an MQ-9 Reaper. This drone is manufactured by General Atomics and operated by the U.S. Air Force, U.S. Customs and Border Protection, the Royal Air Force (England), and the Italian Air Force. The Reaper serves as a powerful mobile aerial weapons platform, often carrying out strikes with the effective and expensive… {read more...}