Technology and the Law
Examining the intersection of technology and the law, particularly focusing on the legal implications of technological developments.
Throughout history, pop culture has been a discussion board of sorts for society’s concerns about omnipresent government surveillance. George Orwell’s novel 1984, a classic tale of “Big Brother,” “thought control,” and pervasive government surveillance, is required reading in many high school English courses. More recently, the hit show “Person of Interest” on the CBS network has grappled with these types of concerns. Viewers watch as a vigilante goes about New York City
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Ronald Reagan famously decried an over-bearing government, saying that the “nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.” Well, the distracted driving laws enacted by states over the past few years have plainly failed to be as effective as intended, and the federal government is now here to help drivers keep their eyes on the road and hands on the wheel. A number of actions can divert a driver’s attention away from
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Note from the Editors: Recently, the Campbell Law Observer hosted a write-on competition to recruit new staff writers. Each student was to discuss the role of changing technology in the legal profession. Below, you will find the article that received the second-highest score from the editorial board. For better or for worse, technology continues to change the legal landscape on an immense scale. Technology has transformed the practice of law into something that would be unrecognizable
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Note from the Editors: Recently, The Campbell Law Observer hosted a write-on competition to recruit new staff writers. Each student was to discuss the role of changing technology in the legal profession. Below, you will find the article that received the highest score from the editorial board. Next week, we will publish another student’s write-on prompt in an attempt to display two perspectives. Good intentions can sometimes lead to grave consequences. Situations arise every day in
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Recent increases in violent acts in schools have left school officials struggling to find a balance between student safety and student liberty. Fraser recognized that students’ constitutional rights in public schools “are not automatically coextensive with the rights of adults in other settings,” but the court also held in Tinker that school officials must ensure a student’s constitutional rights are not violated before restricting speech, invading privacy, or disciplining a
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PayPal experienced a cyber attack last year that spawned the seizure of computers, and the massive amount of information stored on their hard drives, in the hacking case of U.S. v. Collins, 11-471. Federal agents arrested 14 people and searched targeted computers in a dozen states. In addition to incriminating evidence, the information seized included a flood of tax returns, pictures, records, and e-mails. Currently, the prosecution has come to a halt because the defense has argued that
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It seems like in today’s culture, we cannot go anywhere without constantly using our smartphones. Accessing the internet at a moment’s notice is nothing out of the ordinary, and applications (also known as “apps”) have become critical research tools for students and professionals alike. One app in particular has the potential to make a huge difference in the way law enforcement works day today—ASSET: the Arrest, Search, and Seizure Electronic Tool, was developed by the UNC School
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Updated June 26, 2013: Last week, Rep. Lofgren introduced Aaron’s Law in the House (pdf), clarifying the language of the law to “make clear that the CFAA does not outlaw mere violations of terms of service, website notices, contracts, or employment agreements.” The proposed amendment also ensures greater prison time is reserved for repeat offenders, rather than those facing multiple charges. Before he died at the age of 26, Aaron Swartz could claim a number of
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I still prefer the printed word, but for many people, the fastest growing portion of their book and music libraries is stored on devices like the Amazon Kindle or iPod. But what happens to that digital content when the owner dies? More fundamentally, is “owning” an album on iTunes or a book on a Kindle the same as owning a CD or hardcover book? Most people probably do not give much thought to what will happen to these digital assets after death. After all, you say, all the
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In Star Trek: Insurrection, Captain Jean-Luc Picard finds himself surrounded by his slow moving yet deadly opponent, the Borg. Luckily for Picard, he has access to a “replicator”, a device that can create almost any object on request. Picard uses the replicator and requests a Tommy gun, which he uses to defend himself. The idea that someone could possess a machine that could produce any item, including guns, on request was once relegated to the realm of science fiction. However,
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United States Supreme Court Chief Justice John Roberts recently identified technology as one of the most difficult challenges for the Court, both now and in the future. During a recent informal discussion at Rice University, Chief Justice Roberts said, “What is the fundamental protection offered by the Constitution when applied to new technology and situations? It’s a question that comes along all the time.” The issue of applying the law to new technologies is one which is
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Imagine you are interested in selling your business, but you have yet to advertise or solicit the sale. A resident of another state contacts you and wants to purchase your business. Though your business and its operations are located in the state in which you live, the out-of-stater proposes to buy your business. The deal is never completed and the potential buyer sues you in his home state. But you have never conducted any business there or even visited the buyer’s state. Would it
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One Billion Dollars (and change). In just 21 short hours a jury awarded Apple more money than either of this year’s presidential candidates has been able to raise in almost two years of campaigning. A jury verdict of such magnitude undoubtedly serves as a wakeup call to not only the parties involved, but also to the fairly young smartphone industry. While two mammoth corporations have been slugging it out in the consumer space, a battle has raged in courtrooms across the globe. Tech
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The more things change, the more they stay the same. People go to work, they go to school, and they go home. Every day. The Industrial Revolution gave us factories, Henry Ford gave us the assembly line, and Steve Jobs and Bill Gates are household names. But despite the radical changes Western Civilization has seen, there are some things that technology cannot change. As technology advances, people often laud the positive. It’s cool! It’s sleek! It makes our lives easier,
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Updated January 11, 2014: Facebook has updated its Platform Roadmap and will be ending the controversially-implemented Sponsored Stories, noting in its Roadmap that “sponsored stories will cease to have delivery after April 9th.” Updated August 29, 2013: Judge Richard Seeborg approved a final settlement of the Fraley case discussed below. Facebook users joining the class action were awarded $15 (pdf) per claimant. The Facebook “like” feature allows users to show that they
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