Analysis and Commentary on Technology Law

The Russian Meddling in the 2016 Election: The Internet Meets the Democratic System

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton calls upon social media giants, particularly Facebook, to act morally and implement safeguards to protect the democratic process, or else be regulated by Congress. Hamilton points out that Facebook has amassed more data about individual people than any other company in the world, and it should shoulder the burden of handling that data responsibly rather than for the pure purpose of profit.

Bitcoin and the Legal Ethics of Lawyers

Chapman University, Fowler School of Law, professor Ronald D. Rotunda comments on a recent opinion by the Nebraska bar concluding that lawyers may receive digital currencies such as bitcoin for their services, but only subject to certain conditions. Rotunda provides a brief explanation of bitcoin and explains why the opinion makes no sense. Rotunda calls upon lawyers and state bars to consider the impact of new technology on lawyers, but not to impose special rules on novel tools that are simply a new way of engaging in a traditional endeavor.

Can Robots Practice Law?

Chapman University, Fowler School of Law, professor Ronald D. Rotunda comments on the laws regulating the practice of law, and specifically, defining (or not defining) what the practice of law means. Rotunda argues that despite (or because of) the difficulty of defining the practice of law, computers and technology are advancing the practice of law and the work of lawyers.

Out in the Open: The Alt-Right Learns About Privacy in the Modern World

Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the decreased privacy of the modern world, as recently illustrated by the very public identification of some of the alt-right demonstrators in Charlottesville, Virginia, from photos and videos of the rally. Grossman and Friedman point out that technology is making anonymity a thing of the past and that only affirmative legislative changes, such as recognition of a “right to be forgotten,” can alter that course.

Free Speech Issues Raised by Internet Companies Denying Service to Neo-Nazi Sites

Cornell University law professor Michael C. Dorf uses the refusal of private internet domain registrars to do business with neo-Nazi website The Daily Stormer to illustrate the need for a change in the law. Dorf acknowledges that in the case of The Daily Stormer, no rights were violated, and the companies acted within their terms of service. However, Dorf argues that Congress should impose obligations to respect freedom of speech on companies that provide essential internet services to avoid the future possibility that such private companies stifle speech of worthy organizations and legitimate causes.

Is Greyball Really Blackball? Uber Has a Private Tool That Blocks Government Officials and Other Riders

University of Washington law professor Anita Ramasastry discusses “Greyball,” a private tool Uber reportedly used to identify government inspectors and prevent them from hailing a ride. Ramasastry explains the dangers inherent in allowing minimally regulated private companies such as Uber to have such great power over integral services like transportation, and she calls for greater scrutiny into businesses with such significant market power.

The New French “Right to Disconnect”— Can Legislation Alter Work-Life Balance?

University of Washington law professor Anita Ramasastry comments on recent legislation in France recognizing a “right to disconnect” to help workers establish work–life balance. Ramasastry argues that while laudable in its attempt to address changing social behaviors, legislation might not be the best way to address this growing problem, and it almost certainly would not work in the United States.

Indiana Court Rules in Favor of Cell Phone History Privacy

Cornell University law professor Sherry Colb comments on a recent decision by the Court of Appeals of Indiana, holding that police violated their suspect’s Fourth Amendment rights by acquiring, without a warrant, the suspect’s cell site information from his cell phone provider. Colb explains the Indiana court’s reasoning and discusses the evolving law regarding people’s privacy expectations in information their cell phones store and transmit.

Do Androids Dream of Animal Rights?

Cornell University law professor Michael Dorf explores the relationship between renewed discussions about artificial intelligence (AI) and the rights of non-human animals. Dorf argues that our current portrayals of AI reflect guilt over our disregard for the interests of the billions of sentient animals we exploit, torture, and kill in the here and now.

“Shout Your Abortion” Movement Raises Questions About the “Coming Out” Analogy

Cornell University law professor Michael Dorf discusses the #ShoutYourAbortion movement intended to destigmatize abortion. Dorf describes how people “coming out” as being gay or lesbian helped destigmatize sexual orientation, and how coming out as having a disability or disease has helped destigmatize those statuses, as well. Dorf cautions that while the #ShoutYourAbortion movement could resemble these other movements, it may also be different in some important ways.

Jared Fogle, Ashley Madison, and When Will We Have the Fences that Make for Privacy and Safety on the Internet?

Cardozo Law professor Marci Hamilton discusses the need for effective fences on the Internet that protect privacy but also permit authorities to enforce the law. Hamilton illustrates this need using examples such as the case of Jared Fogle, the former Subway spokesperson who is pleading guilty to charges of child solicitation and pornography, as well as the Internet's use as a tool for empowerment for victims of child sex abuse.

Personalized Pricing in the Air? Why Consumers Should Be Wary of a New Airline Pricing Proposal

University of Washington law professor Anita Ramasastry discusses a proposal tentatively approved by the U.S. Department of Transportation that would allow airlines to collect consumers’ personal data for the purpose of personalizing fare quotes. Ramasastry cautions that the proposal has significant privacy and discrimination risks and that we need more information, more transparency, and better safeguards before proceeding with it.

The Power and Peril of the Internet: How Should “Revenge Porn” Be Handled?

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the ways in which legislation can (and cannot) address the phenomenon of “revenge porn.” Grossman and Friedman point out that while the similar offense of blackmail has existed for many years, only recently, with the aid of the Internet, has this new form of harassment become a serious issue for lawmakers to consider.

Good2Go? Good and Gone? Why an Affirmative Consent App Is a Risky Proposition

University of Washington law professor Anita Ramasastry comments on a smartphone app known as Good2Go, which is intended to establish affirmative consent for the purpose of sexual encounters. Ramasastry describes some of the app’s shortcomings, including its lack of specificity with regard to what is consented to and its lax information privacy policy.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more