Machines Ascendant: Robots and the Rules of Evidence
Once, courts eschewed “the spector [sic] of trial by machine” and the possibility that “each man’s sworn testimony may be put to the electronic test.” Judges worried “jurors w[ould] abdicate their responsibility for determining credibility, and rely instead upon the assessment of a machine.” Forty years later, that fear has metamorphosed into trusting, even welcoming, […]
Hiding in the Open: How Tech Network Policies Can Inform Openness by Design (and Vice Versa)
This paper seeks to establish how human-designed networks and different flavors of openness—institutional, organizational, informational, and resource-based—can and do coexist meaningfully. As part of that examination, this paper surveys fifty years of openness in the telecommunications and information technologies networking space. The focus is on how the term “openness” has been employed by regulators and […]
Accountability is the Best (Privacy) Policy: Improving Remedies for Data Breach Victims Through Recognition of Privacy Policies as Enforceable Agreements
Your personal information has already been stolen. Statistically speaking, that is. From 2005 to 2017, 7,674 data breaches exposed over one billion U.S. consumer records. While this statistic includes the eighty million Social Security numbers stolen in Anthem’s 2015 hack, it does not account for the 145.5 million Social Security numbers that were compromised in […]
Recent Posts
On December 15, 2016, China seized a United States Navy unmanned maritime system (UMS) in the South China Sea. The UMS, known as an “ocean glider,” was used by the Navy to gather oceanographic data in the region. Chinese naval personnel seized the UMS within sight of Navy research vessel, USNS Bowditch, and despite protests […]
Over the past decade, social media has increasingly become an essential part of Americans’ everyday lives. As of 2017, eighty percent of Americans had a profile on at least one social media platform. Not only has social media become extremely popular for typical users, it has also become a massive marketing tool for celebrities, athletes, […]
Mark Patterson starts his book with the simple statement, “[k]nowledge is power.” He then leads the reader through a very well-reasoned argument that the new information age creates new abilities for dominant market players to distort the market to their advantage—this time the dominant players are the information providers, such as Google, Yelp, and others. […]
For those entrenched in the data privacy profession, it is refreshing to read work that tackles familiar questions, such as those surrounding the value of personal data, through a less familiar lens. The practice of privacy is flourishing because of the many novel challenges sparked by the proliferation of personal data. Questions abound about how […]
“On sale” in the Patent Act has historically meant any commercial sale, but the adoption of the America Invents Act (AIA) has led some to assert that this meaning was abandoned—that “on sale” now only means certain sales. Even though the AIA still categorizes inventions that have been “on sale” as prior art, some claim […]
In an interview with Georgetown Law Technology Review, Paul Ohm, Associate Dean for Academic Affairs and Professor of Law at Georgetown Law,discusseshow consumer privacy issues affect Americans, and addresses the need for better consumer privacy regulation. Paul Ohm is the Associate Dean for Academic Affairs and Professor of Law at Georgetown University LawCenter. He specializes […]