To Use Your Brain, First Accept The Terms And Conditions: Legal Protections For Commercial Brain-Computer Interfaces - Abstract Recent advancements in brain-computer interface (BCI) technology have created significant privacy and autonomy concerns as commercial applications emerge. While Colorado and California have enacted legislation recognizing neural data as sensitive personal information, current legal frameworks remain inadequate to address the unique challenges posed by BCI technology, particularly those concerning mental manipulation and consciousness bypass.… ...
The Rise Of Mommy Vloggers: How Parental Consent May Impact Influencer Moms’ Ability To Post Their Children - Abstract This Note discusses how American legal systems and constitutional provisions may harm or protect a parent’s ability to post their children online. In the modern, digital age, a new career has risen for stay-at-home moms: the mommy vlogger. A mommy vlogger is able to “monetize,” otherwise known as making money, from posting on social… ...
State Regulation Of Advanced Communications Services: Learning From The Past To Understand The Present And Prepare For The Future - Introduction For much of the 20th century, states played important roles in regulating basic telephony, the provision of which was considered and treated as a natural monopoly service. Among other things, states helped to ensure that the telephone company delivered quality service at affordable rates to every person regardless of where they lived. Allocating regulatory… ...
The Right To Lie With AI? First Amendment Challenges For State Efforts To Curb False Political Speech Using Deepfakes And Synthetic Media - Abstract Elections are now taking place in the era of widespread, accessible artificial intelligence (AI) tools, and 20 states have passed laws aimed at curbing the spread of false photos, videos, and audio of candidates. The authors review deepfake and AI technology and legislative efforts to regulate them, finding strong First Amendment protection for false… ...
Critical Update Needed: Why The Federal Computer Crime Law Is Woefully Outdated, And How To Modernize It - Abstract Ransomware gangs drain billions from victims and put lives at risk by targeting hospitals and health care more than any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… ...
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… ...
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… ...