Articles

Oct
13

Cybersecurity law, both in statutory and case law, is primarily based on the premise that data breaches result exclusively in financial harms. Intuitively, legal scholarship has largely focused on financial harms to the exclusion of non-financial harms— emotional and mental—that also arise from data breaches. A critical mass of research in psychology, psychiatry, and internet

Oct
13

Recent theoretical writings on the possibility that algorithms would someday be able to create law have delayed algorithmic lawmaking— and the need to decide on its legitimacy—to some future time in which algorithms would be able to replace human lawmakers. This Article argues that such discussions risk essentializing an anthropomorphic image of the algorithmic lawmaker

Oct
13

Modern agriculture has stretched into an unintelligible supply chain with a global reach, leaving consumers unable to make fully informed decisions related to their food. Additionally, such complexities confound adequate regulation. Blockchain technology, a data system using a distributed ledger on a peer-to-peer network, boasts various theoretical applications born of its ability to deliver security

Oct
13

Since the creation of Snapchat in 2011, many Americans regularly communicate via ephemeral messaging applications. While novel forms of communication technology—such as e-mails or text messages—have historically created complex record retention problems, ephemeral messaging applications are different because these applications delete messages by default. Thus, this deliberately ephemeral communication model presents unique challenges when used

May
07

Facebook and TikTok have both experienced considerable skepticism of whether individuals can trust the companies’ privacy and data protection practices. These concerns are in part due to the potential for government agencies to access the data the companies collect and store. The European Union and the United States have both attempted to address these issues

May
07

Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, The Right to Privacy, conceptually, privacy has existed since as early as 1127 as a natural concern when navigating between personal and commercial spheres of life. As an extension of contract and tort law, two common

May
07

For decades, law enforcement agencies across the country have relied on Facial Recognition Technology (“FRT”) to assist with investigations, though how the technology is employed is often concealed from the public and remains largely unknown. Compounding this transparency problem, recent research hasshown FRT displays a demonstrated bias against people of color, and disproportionately impacts them

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