Category: Technology Law
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From Fertility to Felony: What is a 4th Amendment “Search” in a Post-Dobbs era?
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In the wake of Dobbs v. Jackson Women’s Health Organization,[1] thirteen states criminalize abortion; in these states, technology like the Oura Ring, which collects reproductive data from users, may not receive Fourth Amendment protections. What constitutes a “search” when reproductive information is managed by a third-party? Can states use the third-party doctrine to use fertility…
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Deepfakes of the Dead: Applying Postmortem Publicity Law to Artificial Intelligence Digital Replicas
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Your phone lights up: a friend has sent you a “new” video of a loved one you buried years ago. The smile, cadence, and timing are all perfect. The video, however, is a deepfake, and families, such as Robin William’s, are learning that artificial intelligence (“AI”) is outpacing existing publicity statutes, leaving estates with little…
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The Declining Role of FDA Advisory Committees: A Shift Away from Public Safety and Transparency
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At the height of the AIDS pandemic in the 1980s,[1] American citizens begged for a cure.[2] All eyes were on the Food and Drug Administration (FDA). Americans begged for a drug approval that would put an end to this life-threatening disease.[3] Reprieve came in 1987 in the form of AZT, the first drug approved to…
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No Dice: North Carolina Courts Hold Popular Electronic Sweepstakes Games Illegal
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N.C. Gen. Stat. § 14-306.4 bans the operation of electronic machines to “[c]onduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize.”[i] The statute defines “sweepstakes” as “any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a…
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AI-Generated Deception: Filling the Gaps in Defamation and Privacy Protections
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The rapid advancements in artificial intelligence (AI) have brought about a new wave of media manipulation, particularly through AI-generated “deepfakes.” Deepfakes are synthetic media in which a person’s likeness, voice, or appearance is altered or mimicked by AI to make the person appear to say or do something they might have never actually said or…
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Send In The Clones: Looking To The Future Of Constitutional Cloning.
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Creating life has been the boogieman of science fiction for over two centuries.[1] Since Mary Shelly first introduced the mad Victor Frankenstein’s desire to create life from lifelessness, we’ve wondered if one day humans could create artificial life or exact replicas of themselves; what horrific Ship of Theseus would such a creation cause?[2] Fearmongering about…
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Berenson V. Twitter : Did Twitter Lose In Federal Court On “Censorship” Grounds? Not Quite.
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Alex Berenson is an author and journalist. As its title suggests, criticism abounds for his newest book, Pandemia: How Coronavirus Hysteria Took Over Our Government, Rights, and Lives.[1] To others, Berenson is a hero—a “free speech” martyr in the putative war against “big tech.” On Twitter, Berenson questioned the ability of mRNA vaccines to stop the virus’ transmission or…