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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
While both sides conceded from the beginning that few minds would be changed, supporters and opponents of the proposed merger of T-Mobile and Sprint squared off in a lively debate at the Capitol Visitors Center on March 5, hosted by the Georgetown Law Institute for Technology Law and Policy. The event came on the heels […]
As part of the United States Government’s strategy to combat the potential threat of Chinese telecoms companies being leveraged by their government to enhance China’s intelligence collection capabilities, Huawei is the latest front in the battle. Last August, Congress passed the National Defense Authorization Act (“NDAA”) which provided over $700 billion in funding for the […]
Manhattan Community Access Corp. v. Halleck is a pending United States Supreme Court case about a public access cable television station in New York. The Manhattan Community Access Corporation (“MNN”) is a nonprofit company that operates four public-access channels in Manhattan. Such channels must be open to the public on a first-come and first-served basis. […]
The Bundeskartellamt, Germany’s antitrust authority and Federal Cartel Office, recently issued a regulatory blow to Facebook, labeling Facebook’s current data collection practices abusive. On February 6, 2019, the Bundeskartellamt ordered Facebook to cease cross-app integration and data tracking from Facebook-owned apps like WhatsApp and Instagram to Facebook user accounts without “users’ voluntary consent.” The regulator […]
On February 2nd, the New York City Police Department sent Google a cease-and-desist letter, demanding that it remove a popular function from its Waze navigation app that allows drivers to share and avoid the locations of police checkpoints. “Individuals who post the locations of DWI checkpoints,” the letter stated, “may be engaging in criminal conduct[,] […]
Introduction: In late November 2018, I sat down with three members of the 2017 Federal Communications Commission (FCC) honors attorney class for a conversation about the honors program, working in government, and all things telecom. The Attorney Honors Program is the FCC’s training and hiring program for recent law school graduates. I spoke with Annick […]