Author
The Right to Your Face: Privacy at the Intersection of Virtual Reality and Facial Recognition
Nov. 16, 2024—By Alexander McGrail; Photo Credit: Gina Tomko/Education Week + Canva Two Harvard students recently found themselves thrust into the limelight after a video they made testing facial recognition software in Meta glasses went viral.[1] Using fairly basic tools available to anyone they were able to construct a tool that allowed them to access the personal...
So, You Want to Train Artificial Intelligence (A.I.) on Your Supercomputer?
Nov. 16, 2024—By Emma Stauber; Photo Credit: VCG via Getty Images AI, AI, AI. If you’re like most of us these days, it’s the top new technology on your mind. How can I learn to use it more effectively right now? How can I incorporate it into my future workflow? Will it take over the world? But...
State Regulations of A.I. in Elections
Nov. 16, 2024—By Mary Margaret Burniston; Photo Credit: Sue Dorfman In the final months leading up to the 2024 election, states have demonstrated an increasing appetite for regulating the use of AI-generated content in election-related content. Such bills have passed in both Democratic- and Republican-majority legislatures. Many of the bills share a similar structure: forbid the use...
Do You Believe in Copyright Interest After Love?
Nov. 15, 2024—By Monica Miecznikowski; Photo Credit: WWD via Getty Images Introduction Termination is a federal statutory right that was enacted in the Copyright Revision Act of 1976 (CRA).[1] The amendment, among other things, allows songwriters to terminate a transfer of copyright interest in a musical composition, and reclaim the interest for themselves.[2] This termination can only...
Revisiting Code-as-Law: Regulation and Extended Reality
Jun. 9, 2024—Brittan Heller | 26 Vand. J. Ent. & Tech. L. 655 (2024) In the wake of Judge Frank Easterbrook’s critique of the development of specific laws for cyberspace, Lawrence Lessig’s 1998 proposition of “code-as-law” framed the internet’s regulatory landscape through the interplay of four modalities—law, norms, market, and architecture. Today, at the start of the...
Towards Future-Proof, Rights-Respecting Automated Data Collection: An Examination of European Jurisprudence
Jun. 9, 2024—Olga Kokoulina | 26 Vand. J. Ent. & Tech. L. 707 (2024) The data scraping and data collection that Application Programming Interfaces (APIs) enable are ubiquitous means of automatically and instantaneously gathering large amounts of online data. Anyone can leverage the capabilities of internet infrastructure to engage in data collection, yet the subjects of the...
The Privacy Paradox in Discovery
Jun. 9, 2024—Allyson Haynes Stuart | 26 Vand. J. Ent. & Tech. L. 615 (2024) US citizens enjoy strong protection against criminal searches pursuant to the Fourth Amendment, but they must produce a diary entry from a bedroom drawer or a text message to a romantic partner if it is relevant to a civil case and not...
Make It Make Sense: How Congress Can (and Should) Clarify Patent-Eligible Subject Matter
Jun. 9, 2024—Jay Eischen | 26 Vand. J. Ent. & Tech. L. 803 (2024) The eligibility of inventions for patent protection under 35 U.S.C. Section 101 was altered substantially by the Supreme Court’s decisions in Alice v. CLS Bank and Mayo v. Prometheus. These decisions and their progeny have expanded application of the implicit “judicial exceptions” to...
Regulating the Off-Label Use of Artificial Intelligence and Machine Learning-Enabled Medical Devices
Jun. 9, 2024—Rachel Davis | 26 Vand. J. Ent. & Tech. L. 771 (2024) Through machine learning (ML) developments, medical devices are gaining more autonomous functions and taking on more central roles in medical care. Many scholars believe that artificial intelligence (AI) will revolutionize the healthcare industry, but the technology brings several concerns that implicate data privacy,...
Unchecked Checkpoints: Why TSA’s Facial Recognition Plan May Need Congressional Approval
Jun. 9, 2024—Robert Lowell | 26 Vand. J. Ent. & Tech. L. 833 (2024) The Transportation Security Administration (TSA) has begun using facial recognition technology (FRT) to screen passengers at airports. Although travelers can currently opt out, it is not clear that this will continue to be an option as the program expands. This raises significant concerns...