Volume 23, Issue 1

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 …

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 …

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 …

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 …