by MICHELLE GERONIMO Can, may, and should companies be allowed to combine offline and online data for purposes of targeted advertising and analytics under U.S. privacy law? This article will address this question in three parts. The first section will describe the “can” — how companies combine offline and online data, the types of data […]
Read MoreSyncing The Unsyncable: Legal and Policy Implications of Paperless Clinical Trials
by KIMBERLY RHODES* & MICHAEL ROMEO With technology permeating so many facets of other industries, why has the medical and pharmaceutical industry lagged in matching the pace of technological advancement? Specifically, what are the legal and policy risks associated with hastening the clinical trial process by utilizing technology based clinical trial platforms versus traditional paper-based […]
Read MoreLOT NETwork Too Big for Antitrust
by ROBERT YANG While companies, inventors, institutions, and other patent holders have generally monetized their patents in some way, some entities have found that asserting patent rights is a lucrative alternative to traditional avenues of intellectual property (“IP”) monetization. Patent assertion lawsuits, especially those initiated by Patent Assertion Entities (“PAE”), have grown at an exponential […]
Read MoreCompany Law and Autonomous Systems: A Blueprint for Lawyers, Entrepreneurs, and Regulators
By SHAWN BAYERN, THOMAS BURRI, THOMAS D. GRANT, DANIEL M. HÄUSERMANN, FLORIAN MÖSLEIN, AND RICHARD WILLIAMS; In discussions of the regulation of autonomous systems, private law — specifically, company law — has been neglected as a potential legal and regulatory interface. As one of us has suggested previously,1 there are several possibilities for the creation […]
Read MoreThe Second Amendment and the Struggle Over Cryptography
by ERIC RICE The United States government and an alliance of Silicon Valley and civil libertarians have been engaged in a struggle over the control of cryptography since the beginning of t he information age. The debate has involved various constitutional arguments but has ignored the Second Amendment’s right to keep and bear arms. This […]
Read MoreHelp Save the Seeds: A Call to Action for Local Governments to Introduce Legislation to Protect Community Seed Sharing, Libraries and Exchanges
by JORDYN ASHLEY BISHOP This Note calls for local governments to enact legislation to protect noncommercial seed libraries and the human right to save and share seeds. Modern industrial agriculture, the promotion of genetically uniform crops, and the corporation consolidation of the see d industry have each contributed to the devastating loss of seed biodiversity […]
Read MoreCyber Economic Espionage: Corporate Theft and the New Patriot Act
By GENNA PROMNICK On Friday, December 18th 2015, President Barack Obama signed a bill into law changing all of our lives. In a late-night session, Congress slipped the Cybersecurity Information Sharing Act of 2015 (“CISA”) into the omnibus-spending package, which was pending the President’s signature. This bill was very similar to a number of other […]
Read MoreFrom Alappat to Alice: The Evolution of Software Patents
by FABIO E. MARINO AND TERI H.P. NGUYEN Before 1993 software was generally considered to be unpatentable subject matter and the protection of software innovations was limited to copyright and trade secrets law. But in late 1993, the Federal Circuit in In re Alappat recognized for the first time that software-implemented inventions could constitute patent […]
Read MoreBroadband, the States, and Section 706: Regulatory Federalism in the Open Internet Era
by CHARLES M. DAVIDSON and MICHAEL J. SANTORELLI – The relationship between federal and state regulators in the U.S. telecommunications space has long been fraught with tension regarding the boundaries of regulatory authority over communications services of all kinds. Unlike with basic services like traditional telephony, however, Congress expressed a clear preference for leaving advanced […]
Read MoreTaxation by Condition: Spectrum Repurposeing at the FCC and the Prolonging of Spectrum Exhaust
by T. RANDOLPH BEARD, PH.D., GEORGE S. FORD, PH.D., LAWRENCE J. SPIWAK, ESQ., AND MICHAEL STERN, PH.D. – In this article, we show how the Federal Communications Commission’s regulatory process may be used by special interests (and the Agency) to impede the efficient functioning of a secondary market for commercial spectrum. In particular, we show […]
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