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Critical Update Needed: Why The Federal Computer Crime Law Is Woefully Outdated, And How To Modernize It

Abstract Ransomware gangs drain billions from victims and put lives at risk by targeting hospitals and health care more than any other sector. Most of those groups operate from the countries of the former Soviet Union, well beyond the reach of U.S. law enforcement. However, the most significant ransomware attack on an American target was

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What’s Next for Broadband Affordability After FCC v. Consumers’ Research?

Abstract Broadband is integral for accessing a multitude of aspects of modern life: education, healthcare, public information, economic growth, and participation in society. And yet, reliable, affordable access to broadband remains out of reach for many Americans. While we have long discussed the digital divide, people still face barriers to meaningful access. One of the

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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 Long Way from Brady: The Impact of Digital Infrastructure & E-Discovery Practices on State Discovery Obligations in Criminal Cases

Abstract The protection of a defendant’s rights in the criminal justice system is often balanced against concerns of judicial efficiency and accuracy, as well as the ability of prosecutors’ offices to effectively pursue convictions. In many jurisdictions, the obligations of prosecutors to turn over evidence remain largely unaltered from constitutional minimums. Such conservative approaches exist

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