regulation
Regulation of Algorithm Use in Public Sector Application Systems
Feb. 5, 2024—By Molly Devereaux As algorithms have increasingly been used in the public sector to streamline service provision,[1] it is important to understand that the output from algorithms is not always accurate.[2] One example of using algorithms in government settings is to streamline applicant processes, such as detecting fraudulent claims in unemployment applicants.[3] Algorithms are helpful,...
Expediting Drug Development of Novel Therapeutics: Regulatory and Commercialization Implications of Digital Twin Technology in Clinical Trials
Jan. 24, 2024—By Colleen Carroll Clinical trials are a major bottleneck for new drug development.[1] No drug will make it to market without first meeting rigorous safety and efficacy standards. This requires extensive testing across multiple phases of clinical trials, which take, on average, ten and a half years.[2] But advances in AI may transform clinical trials...
The End of an Era: The Uncertain Future of Section 230 Immunity for Social Media Platforms
Nov. 28, 2023—Lillian H. Rucker | 26 Vand. J. Ent. & Tech. L. 241 (2023) Major social media platforms (SMPs), such as Facebook, Instagram, and TikTok, have become the primary means of communication for billions of people worldwide. They are the largest modern news distributors and the primary curators of online public discourse. However, the expanding influence...
Regulation Priorities for Artificial Intelligence Foundation Models
Nov. 28, 2023—Matthew R. Gaske | 26 Vand. J. Ent. & Tech. L. 1 (2023) This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a...
The Urgent Need for New, National Comprehensive Cybersecurity Regulation
Nov. 7, 2023—In recent years, cyber-attacks have become so frequent in occurrence and devastating in magnitude. Attackers have multiplied in allegiance and aim alike, and with the new sandbox of sophisticated machine learning and AI-powered tools, their damage capabilities have compounded into truly frightening—and highly feasible—prospects. In this new post, learn more about Miles Brinkley's ('25) argument for new, comprehensive federal legislative to strengthen the nation's cybersecurity policy.
Influencing “Kidfluencing”: Protecting Children by Limiting the Right to Profit From “Sharenting”
Jul. 28, 2023—Charlotte Yates | 25 Vand. J. Ent. & Tech. L. 845 (2023). Statistics on children’s digital presences are staggering, with an overwhelming majority of children having unique digital identities by age two. The phenomenon of “sharenting” (parents sharing content of their children on social media) can start as early as a sonogram photo or a...
The Rise and Fall of the Horseracing Integrity and Safety Act: How Congress Could Save the “Sport of Kings”
Jul. 28, 2023—Lucy McAfee | 25 Vand. J. Ent. & Tech. L. 783 (2023). The Horseracing Integrity and Safety Act (HISA) has undergone several unsuccessful changes over the past decade in an effort to change how horseracing is regulated. After Congress successfully passed HISA in 2020, several lawsuits were filed to stop HISA from going into effect....
Competition Upstream of Amazon
Jul. 28, 2023—Martin Edwards | 25 Vand. J. Ent. & Tech. L. 691 (2023). The rise of large, market-concentrating technology firms like Amazon, Inc. is driving commentators, regulators, and politicians to rethink the law of antitrust. In particular, “New Antitrust” reformers propose that the narrow focus on consumer welfare has caused antitrust law to stop too short...
Reinterpreting Repeat Infringement in the Digital Millennium Copyright Act
Jun. 28, 2023—Hunter McGhee | 25 Vand. J. Ent. & Tech. L. 483 (2023). In 1998, Congress passed the Digital Millennium Copyright Act, which aimed to balance the growth of the internet with the enforcement interests of copyright holders. In exchange for immunity from third-party infringement, the DMCA imposes certain conditions on internet and online service providers....