Technology - Harvard Law Review

Of Systems Thinking and Straw Men

Response to Content Moderation as Systems Thinking

Vol. 136 No. 6 April 2023 Introduction In Content Moderation as Systems Thinking, Professor Evelyn Douek, as the title suggests, endorses an approach to the people, rules, and processes governing...

Kate Klonick

Privacy Recent Case

Hunstein v. Preferred Collection & Management Services, Inc.

Eleventh Circuit Tightens TransUnion's Standing Requiremnents for Statutory Harms.

April 2023

Content Moderation Article

Content Moderation as Systems Thinking

Vol. 136 No. 2 December 2022 This Article argues that content moderation should instead be understood as a project of mass speech administration and that looking past a post-by-post evaluation of platform decisionmaking reveals a complex and dynamic system that needs a more proactive and continuous form of governance than the vehicle of individual error correction allows.

Evelyn Douek

Fourth Amendment Recent Case

United States v. Tuggle

Seventh Circuit Holds Long-Term, Warrantless Video Surveillance is Not an Illegal Search

Vol. 135 No. 3 January 2022

Fourth Amendment Recent Case

Leaders of a Beautiful Struggle v. Baltimore Police Department

Fourth Circuit Holds Warrantless Access of Aerial Surveillance Data Unconstitutional

Vol. 135 No. 3 January 2022

Fourth Amendment Note

Geofence Warrants and the Fourth Amendment

Vol. 134 No. 7 May 2021 Introduction: If You Build It, They Will Come For months, Zachary McCoy tracked the distance of his bike rides around his neighborhood in Gainesville,...

Fifth Amendment Recent Case

State v. Andrews

Supreme Court of New Jersey Holds that Compelled Disclosure of Defendant’s iPhone Passcodes Does Not Violate the Self-Incrimination Clause.

Vol. 134 No. 6 April 2021

Discrimination Note

Beyond Intent: Establishing Discriminatory Purpose in Algorithmic Risk Assessment

Vol. 134 No. 5 March 2021 Equal protection doctrine is bound up in conceptions of intent. Unintended harms from well-meaning persons are, quite simply, nonactionable. This basic predicate has erected...

Criminal Procedure Recent Case

United States v. Cano

Ninth Circuit Limits the Scope of Warrantless Cell Phone Searches at the Border.

Vol. 133 No. 8 June 2020

Technology Book Review

Economies of Surveillance

Vol. 133 No. 4 February 2020 [I]n or about December, 1910, human character changed. — Virginia Woolf It was an age of innovation and a time of dispossession. By sweeping...