Monthly Archives: June, 2024
Sarah Swan, ‘Public Duties for the New City’
ABSTRACT The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police. But policing in America is deeply dysfunctional, as the police not only provide inadequate protection from violent crime, but simultaneously engage in outright acts of brutality against the citizenry. […]
Alvin Hoi-Chun Hung, ‘Legal Consciousness and the Crypto Phenomenon: Property Ideologies, Innovation, and Potential Ramifications on Financial System Stability’
ABSTRACT How does the understanding of law among individuals involved in the crypto phenomenon originate, and how does it impact the trajectory of this innovation? This article examines the legal consciousness of the crypto-industry participants and state actors, exploring their ideologies on law, property, and innovation through extensive document and archival research. It highlights the […]
Cheng-chi (Kirin) Chang, ‘When AI Remembers Too Much: Reinventing the Right to Be Forgotten for the Generative Age’
ABSTRACT The emergence of generative artificial intelligence (AI) systems poses novel challenges for the right to be forgotten. While this right gained prominence following the 2014 Google Spain v Gonzalez case, generative AI’s limitless memory and ability to reproduce identifiable data from fragments threaten traditional conceptions of forgetting. This article traces the evolution of the […]
Perry Keller, ‘Consumer Data Protection: Pursuing Data Subject Autonomy Through Design Regulation’
ABSTRACT The arrival of the commercial internet brought a revolution in consumer opportunities as well as novel risks of deception and manipulation. While EU consumer law was initially not well prepared to regulate free services funded by targeted advertising, data protection was better equipped for this task. In the consumer sphere, it offered a highly […]
Bambauer and Woods, ‘AI, Artists, and Anti-Moral Rights’
ABSTRACT Generative artificial intelligence (AI) tools are increasingly used to imitate the distinctive characteristics of famous artists, such as their voice, likeness, and style. In response, legislators have introduced bills in Congress that would confer moral rights protections, such as control over attribution and integrity, upon artists. This Essay argues such measures are almost certain […]
‘Techno-rights’
Anu Bradford, ‘Europe’s Digital Constitution’, 64 Virginia Journal of International Law 1 (2023). The US produces technology and the EU produces rules. This ‘division of labor’ was encapsulated in this exchange: On the acquisition of then-Twitter, Elon Musk tweeted ‘the bird is freed’. An EU commissioner almost immediately responded (also on Twitter) that ‘In Europe, […]
Ajibola Olanrewaju, ‘The Role of Privacy Law in Protecting Consumer Data: Recent Trends and Developments in the United States’
ABSTRACT The debate over data privacy and protection has grown due to increased internet usage and technological advancements. Service providers, who manage websites, applications, and social media platforms, are responsible for protecting user data from unauthorized access and vulnerabilities. However, some platforms fail to adequately safeguard data, leading to data breaches and the exposure of […]
Conde and Svantesson, ‘The five generations of facial recognition usage and the Australian privacy law’
INTRODUCTION Many things come into mind when people hear ‘facial recognition’, including but not limited to using a facial image to verify age when purchasing alcohol at self-checkouts, unlocking a mobile phone, using a security camera to flag possible shoplifters, tagging people on social media platforms, and passing through an airport’s e-passport gate. While these […]
Christopher Whytock, ‘Politics and Private International Law’
ABSTRACT Private international law (or conflict of laws, as it is more commonly known in the United States) is sometimes said to be – and criticized for being – detached from politics. In contrast, this chapter shows that private international law is political in both its content and functions. First, it discusses the debate over […]
Nata Sturua, ‘Consumer Empowerment: Analyzing ECJ’s Interpretation of Withdrawal Rights and Unjust Enrichment in Service Contracts’
ABSTRACT In May 2023, the Court of Justice of the European Union (CJEU) handed down an important decision Case C-97/22 DC v HJ, regarding the right of withdrawal after the service was completed and the principle of unjust enrichment. The landmark ruling focused on the intersection of withdrawal rights and unjust enrichment, particularly in scenarios […]