Recent Articles
Antitrust Overreach: Undoing Cooperative Standardization in the Digital Economy
By Jonathan M. BarnettArticle, Spring 2019
Bank On We The People: Why and How Public Engagement Is Relevant to Biobanking
By Chao-Tien ChangArticle, Spring 2019
Cryptocurrency and the Myth of the Trustless Transaction
By Rebecca M. BratspiesArticle, Fall 2018
Algorithmic Challenges to Autonomous Choice
By Michal S. GalArticle, Fall 2018
Recent Notes
The Unified Patent Court and Patent Trolls In Europe
By Jonathon I. TietzNote, Spring 2019
The Secrets We Keep... : Encryption and the Struggle for Software Vulnerability Disclosure Reform
By Ian WilliamsNote, Fall 2018
Forum Shopping in Patent Cases: Lessons for the Unified Patent Court
By Brian JacobsmeyerNote, Fall 2018
Blog Posts
Stretched Beyond the Breaking Point: The CFAA and iPhone Batteries
Did Apple hack users’ devices? That is the allegation in a class action lawsuit filed late last year. Specifically, the plaintiffs in In re Apple Inc. Device Performance Litig., 347 F. Supp. 3d 434, 451 (N.D. Cal. 2018) allege that Apple’s battery-slowing iOS updates violated a federal hacking statute, the Computer Fraud and Abuse Act (CFAA). This is the latest effort to stretch a broad, vague, and inconsistently-enforced law to cover new circumstances. This case illustrates the urgent need to write a statute that reflects today’s technological reality.
read moreSomething Like Deference: PTAB and 1-Way Issue Preclusion
The patent law system currently has an interesting parallel track open for those seeking to oppose a patent. That parallel track runs through both litigation in the district courts and Inter Partes Review [IPR] at the Patent Trial and Appeals Board [PTAB], a part of the Patent and Trademark Office [PTO]. A little under one year ago, the Supreme Court decided Oil States Energy, in which it stated that IPRs were not unconstitutional.
read moreRecognizing Your Privacy Rights: Facial Recognition Technology and Third Party Doctrine
To understand how facial recognition technology interacts with a seemingly abstract standard of constitutional protection, a quick note about the Fourth Amendment is helpful.
read moreEnhanced CFIUS review represents one of the strongest tools in the U.S. arsenal against China in the ongoing U.S.-China trade war.
read morePracticing SAFETY: A “New” Way for Companies to Manage Cyber-Risk
The socioeconomic ramifications of a single cyber-attack are extensive. These include financial harm, government investigations, regulatory fines, public backlash, negative industry reputation, and even shareholder lawsuits.
read moreCOPPA Crackdown: Why Courts are Right to Get Serious About Children’s Privacy
COPPA has been described as an “‘opt-in’ privacy band-aid” that doesn’t begin to reach the level of protection provided by, for example, the European Union’s earliest internet regulations,
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