Topic
Law and Technology
Posts
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Online2026
A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law
The landmark Microsoft Ireland case highlights the limits of U.S. law enforcement authority to compel access to data stored abroad during criminal investigations. In…
Qifan Zhang -
ArticleVol. 102 · Iss. 4
AI’s Hippocratic Oath
Diagnosing diseases, creating artwork, offering companionship, analyzing data, and securing our infrastructure—artificial intelligence (“AI”) does it all. But it does not always do it…
Chinmayi Sharma -
NoteVol. 102 · Iss. 2
Plane-Arazzi: Balancing Remedies for Celebrities Tracked By ADS-B With the Threat of Censorship
Since their rollout in 2008 and widespread adoption in the years since, Automatic Dependent Surveillance-Broadcast (ADS-B) transponders have made air travel both smarter and…
Savannah C. Olmstead -
ArticleVol. 102 · Iss. 1
AI Outputs Are Not Protected Speech
AI safety laws are coming. Researchers, advocates, and the White House agree. Rapidly advancing generative AI technology has immense potential, but it also raises…
Peter N. Salib -
ArticleVol. 101 · Iss. 4
Algorithmic Black Swans
From biased lending algorithms to chatbots that spew violent hate speech, AI systems already pose many risks to society. While policymakers have a responsibility…
Noam Kolt -
ArticleVol. 101 · Iss. 3
Privacy Nicks: How the Law Normalizes Surveillance
Privacy law is failing to protect individuals from being watched and exposed, despite stronger surveillance and data protection rules. The problem is that our…
Woodrow Hartzog, Evan Selinger & Johanna Gunawan -
NoteVol. 99 · Iss. 5
Robocalls Have Been Blocked, But Businesses Can-Spam Emails with Little Regulation
INTRODUCTION As the Supreme Court stated in the 2020 case Barr v. American Association of Political Consultants, “Americans passionately disagree about many things. But…
Drew Smith -
ArticleVol. 99 · Iss. 3
A Duty of Loyalty for Privacy Law
ABSTRACT Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their…
Neil Richards & Woodrow Hartzog -
Online2021
Free the Data! The Scramble to Access Data in Light of Schrems I & II
Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University.…
Charlotte Young -
ArticleVol. 95 · Iss. 6
Four Principles for Digital Expression (You Won’t Believe #3!)
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In…
Danielle Keats Citron & Neil M. Richards -
ArticleVol. 95 · Iss. 6
Candides and Cassandras: Technology and Free Speech on the Roberts Court
John Roberts assumed his position as Chief Justice of the United States just prior to the commencement of the October 2005 Term of the…
Ashutosh Bhagwat -
NoteVol. 95 · Iss. 4
Shielding Children from Pornography by Incentivizing Private Choice
In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle…
Karen Hinkley