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… ...
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… ...
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… ...
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… ...
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… ...
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… ...
The Fate of Section 230 - Abstract For years Section 230 has operated as the Internet Giants’ shield from liability for user content posted on their platforms, regardless of the extent of harm to the public. The Supreme Court’s decisions in Gonzalez v. Google and Twitter v. Taamneh inform that the law’s broad protections may stay for now, but the Court… ...
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… ...
Applying the Brain-Computer Interface Discourse to Negligence - Abstract The incorporation of brain-computer interface (“BCI”)—sophisticated bio-digital neural interface technologies—into the human body introduces new complexity in attributing liability for acts and omissions. This article argues that the BCI discourse in the science and philosophy disciplines, including ethics, psychology, technology, and artificial intelligence, will assist the courts in applying the law of negligence where… ...
AI Cannibalism and the Law - Excerpt Lawyers are already using—and misusing—large language models (“LLMs”) like ChatGPT in their daily lives as they practice law. Despite recent headlines pointing out the very real downsides of misusing the technology, it is all but certain that lawyers will use LLMs with increasing frequency in the coming years. Indeed, many law schools, recognizing that… ...