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
Technology
Beyond Intent: Establishing Discriminatory Purpose in Algorithmic Risk Assessment
Vol. 134 No. 5
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...
United States v. Cano
Ninth Circuit Limits the Scope of Warrantless Cell Phone Searches at the Border.
Vol. 133 No. 8
Economies of Surveillance
Vol. 133 No. 4
[I]n or about December, 1910, human character changed. — Virginia Woolf It was an age of innovation and a time of dispossession. By sweeping...
A Skeptical View of Information Fiduciaries
Vol. 133 No. 9
The concept of “information fiduciaries” has surged to the forefront of debates on online-platform regulation. Developed by Professor Jack Balkin, the concept is meant...
SEC, Framework for “Investment Contract” Analysis of Digital Assets (2019)
SEC Provides Analytical Tools for Assessing Digital Assets.
Vol. 132 No. 8
Digitizing the Carceral State
Vol. 132 No. 6
Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local,...
Office of the Comptroller of the Currency, Policy Statement on Financial Technology Companies’ Eligibility to Apply for National Bank Charters
OCC Allows Fintech Companies to Apply for National Bank Charters.
Vol. 132 No. 4
The Carpenter Chronicle: A Near-Perfect Surveillance
Vol. 132 No. 1
On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...
Section 230 as First Amendment Rule
Vol. 131 No. 7
Section 230 of the Communications Decency Act of 1996 has been lauded as “the most important law protecting internet speech” and called “perhaps the...