Georgetown Law
Technology Review

When algorithms fix prices instead of CEOs, does antitrust law have an answer? Scholars have largely lamented the so-called liability gap, dismissing algorithmic tacit collusion as lacking an ‘agreement’ between competitors and thereby evading the watchful eye of the antitrust laws. This Article challenges that premise, developing a legal theory on which algorithmic tacit collusion […]

The infamous privacy paradox refers to the apparent inconsistency between people’s stated concern for privacy and their readiness to disclose personal information. This phenomenon has sparked two largely disconnected literatures: one offering experimental evidence of inconsistent behavior, and another providing qualitative accounts and defending the importance of privacy. The Article presents an online field experiment […]

Digital technology has significantly augmented U.S. immigration enforcement. For refugees and asylum seekers, navigating the immigration system involves traversing a complex data labyrinth. Their personal information is collected and used by both immigration authorities and private entities, often without transparency and accountability. This unchecked data collection fuels a surveillance state that disproportionately targets them, violating […]

‘Fax it in’ might be the most frustrating request a consumer can hear from its provider. There seems to be no clear justification in 2025 for one to be obligated to either fax or physically mail documents rather than use more readily available technologies. The requestors of these faxed documents, mostly in the health and […]

Proptech is undermining the human right to housing. Proptech is a term of art for the digital transformation of the real estate industry. It includes a range of real estate businesses engaged in development, financing, construction, management, and more. Proptech’s boosters promise frictionless and efficient housing markets. However, Proptech appears to be reinforcing existing power […]

Most people are unaware that thousands of companies, of which they have never heard or interacted, profit off of their most sensitive personal data. Data brokers amass personal data from disparate sources, such as social media sites and credit reporting agencies, and sell the resulting individualized dossiers to anyone willing to pay. The resulting data […]

We examine three common principles underlying a slew of ’privacy-enhancing’ techniques recently deployed or scheduled for deployment by big tech companies: (1) limiting access to personal data by third parties, (2) using inferences and minimizing use and retention of raw data, and (3) ensuring personal data never leaving users’ device. Our Article challenges these principles, […]

The National Institute of Standards and Technology (NIST) has become a beacon of hope for those who trust in federal standards for software and AI safety. Moreover, lawmakers and commentators have indicated that compliance with NIST standards ought to shield entities from liability. With more than a century of expertise in scientific research and standard […]

Every day, humans and animals need and consume food to sustain their lives. Food is therefore subject to extensive regulation nationally, internationally, under customs law and trade agreements, and under some religious laws as well. Few people are aware of how profoundly developments in nanotechnology in food impact their daily lives as consumers; moreover, remarkably […]

Online messaging platforms like Signal and Google’s Messages increasingly use end-to-end encryption (E2EE), in which messages are encrypted on the sender’s device and decrypted on the recipient’s, so that no one else—not even the platform itself—can read them. Although E2EE protects privacy and advances human rights, the law enforcement community and others have criticized its […]