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Abortions, Location Data, and the Fourth Amendment: Geofence Warrants in a Post-Roe World

Abstract Advancements in technology have empowered law enforcement with new investigative tools, yet they have also increased their ability to invade citizens’ privacy similar to the general warrants of the eighteenth century. The Fourth Amendment was in part written to prevent an unfettered police state, with the Founders of the opinion that some criminals evading …

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The Myth of Scarcity in the Broadcasting Sector – And What It Means for Platform Regulation

Abstract Platform regulation by the state is often described as being at odds with the First Amendment. By drawing a key comparison with broadcasters’ regulation, this article shows that some forms of platform regulation are compatible with the First Amendment. Scarcity of airwaves has usually been interpreted as the main rationale used by the Supreme …

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Blockchain Wakes: Balancing the Light and Dark Sides of Blockchain Through Global Regulation

Abstract Since blockchain’s creation, it has inspired technological revolution, but regulation of the technology has been a hot topic. Blockchain generates endless amounts of good with its use, yet it also facilitates billions of dollars in illicit activities. This article argues that, to both allow its growth for good and to prevent bad actors from …

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Considering the Price-Anderson Act’s Federal Public Liability Action Provisions in the Future of Nuclear Fusion Power

Abstract Fusion power technology has seen rapid development in the past decade. Although its promise of nearly-infinite, carbon-free electricity still has years to go in development to reach true commercialization, the Nuclear Regulatory Commission (NRC) is already working to incorporate fusion technologies in its modernized regulatory scheme by a 2027 Congressional mandate, and fusion development …

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Day 2 Keynote Remarks; Silicon Flatirons 2023 Flagship Conference: The Internet’s Midlife Crisis

Excerpt “I want to speak today about a hard problem: the challenge of getting industrial policy right, something I feel we spent a lot of time brooding about in the White House. I’d like to address that challenge in the context of this conference’s theme—the midlife crisis of the internet—and not just because a traditional …

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Conference Outcomes Report: Silicon Flatirons 2022 Spectrum Policy Initiative Conference

Excerpt As the importance and demand for access to the radio spectrum (“spectrum”) continues to increase, the task of identifying the “highest and best” uses of spectrum looms ever larger in the minds of regulators and stakeholders. This increasing focus is largely due in part to the reality that spectrum allocation decisions are often mired …

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Walling Off Privacy: Apple’s NeuralHash Controversy, The ECPA, The Fourth Amendment, and Encryption

Abstract In August of 2021, Apple announced a series of controversial features for its iPhone iOS 15 operating system designed to combat the spread of child sexual abuse material (CSAM). Two of the most notable features included: (1) client-side scanning of photos stored within the iCloud Photos application and (2) content moderation of user communications …

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Reversing Privacy Risks: Strict Limitations on the Use of Communications Metadata and Telemetry Information

Excerpt In this paper, we examine private-sector collection and use of metadata and telemetry information  and provide three main contributions:  First, we lay out the extent to which “non-content”—the hidden  parts of Internet communications (aspects the user does not  explicitly enter) and telemetry—are highly revelatory of personal  behavior. We show that, privacy policies notwithstanding, users  …

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Resolving Interference Conflicts Among “Highest and Best” Uses of the Radio Spectrum

Excerpt With so many uses competing for a scarce public resource, resolving conflicts is part of the policy process. Today, I hope to convince you that the fact that we have spectrum conflicts—as frustrating as some of them can be—is not itself a sign that something is wrong; it’s how we manage them that matters. …

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Day 1 Keynote Remarks: “Social Media and Democracy” Silicon Flatirons 2023 Flagship Conference: The Internet’s Midlife Crisis

Michael Bennet is a U.S. Senator from the State of Colorado. Bennet delivered these remarks at the Silicon Flatirons Center’s 2023 Flagship Conference, The Internet’s Midlife Crisis on February 5, 2023. A video of this speech can be found under “Conference Video Playlist” at https://siliconflatirons.org/events/the-internets-midlife-crisis-2023/ [https://perma.cc/73NX-P7R2].   PDF Link: “Social Media and Democracy” Silicon Flatirons …

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