Volume 23

The Mental State of Expression: Generative AI and the Latent Mens Rea of Copyright

Abstract Artificial Intelligence has developed exponentially in recent years and has reached the point of creating pseudo-expressive content in areas previously only reserved for humans, ranging from writing, digital paintings, music, and much more. Termed “Generative A.I.,” these models are created at arresting speeds and competence levels. The content created by Generative A.I. has called […]

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The Untold History of “Harmful Interference” in the Regulation of Radio Frequency Communications

Abstract A key, universal concept used in the international and domestic regulation of radio frequency communications is “harmful interference.” While “interference” was a recognized concern from the earliest days of wireless telegraphy, it took several decades—until the late 1940s—for regulators to adopt a formal definition of “harmful interference.” This definition, modified slightly in the 1950s

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Code as Content: Open Source Software and Platform Liability

This paper details the current landscape of the technical, social, and governance systems that allow people to participate in the development of open source software (OSS), using GitHub as a case study. This paper also details the laws in the U.S. and the EU around platform liability for user-generated content. Here, “open source software” refers

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Internet Infrastructure and Content Moderation in the Shadows

Abstract While the current scholarly debate on content moderation primarily focuses on the activities of online platforms, it is crucial to recognize the equally important, yet mostly overlooked, infrastructure-level moderation. Internet infrastructure actors, such as the Domain Name System (DNS), play a crucial role in the functioning of the internet and are increasingly receiving demands

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Developing a True North for Regulating AI: The Importance of Protecting Consumers and Promoting Innovation

It is a pleasure to join the State Center, the University of Colorado’s Silicon Flatirons Center, and Princeton University’s Center for Information Technology Policy for an important conversation on the future of technology policy. Silicon Flatirons’ culture of engaged conversations across disciplines, with academics, practitioners, and policymakers all being heard, and with particular attention to

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Who Owns the Digital Athlete?

Abstract With modern advancements in wearable technologies and analytics, player motion data has transformed how the National Football League (“NFL”) approaches player health, scouting, and evaluation. Although the use cases for biometric data have increased, the federal laws that govern player privacy and data ownership have lagged. Professional athletes’ biometric data, especially relating to performance-related

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A Portfolio Approach To Trusted Intermediaries For Online Content and Conduct

Abstract Proponents of U.S. online safety legislation frequently argue that the costs of inaction outweigh whatever negative consequences might arise from altering the status quo. This position does not account for the full range of industry and multistakeholder initiatives that have developed, enabled by the First Amendment and Section 230, to contend with harmful content.

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Fixing Algorithmic Pricing? Competition Concerns and Solutions

Abstract We are amidst a significant shift in how companies price their products and services. A rapidly increasing number of firms use pricing algorithms to recommend or determine prices. Like many technological transitions, the widespread adoption of pricing algorithms can raise important questions and implicate significant tradeoffs. There are three core competitive scenarios around algorithmic

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“The Internet is Forever”: Evaluating Eraser Laws as a Viable Legislative Solution to the Sharenting Epidemic

Abstract Sharenting—a portmanteau of “share” and “parenting”—occurs when parents use social media to share aspects of their children’s lives by posting messages, photographs, and videos that convey personal information about their children. While sharenting can help parents stay connected and share aspects of their life with others, it can also present a genuine threat to

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Rise of the KnowMeBots: Promoting the Two Dimensions of AI Agency

Abstract “We believe that AI will be about individual empowerment and agency at a scale that we’ve never seen before, and that will elevate humanity. . .”[1] – Sam Altman, CEO, OpenAI (2023) To date, public policy debates over artificial intelligence (AI)—from the EU AI Act, to the Biden Administration’s Executive Order on AI, to the Bletchley

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