Harvard Journal of Law & Technology Vol. 22.1
Happy New Year! The Digest Staff has returned to start the new year, and we're thirlled to begin our coverage with the newest volume of the Harvard Journal of Law & Technology! Volume 22.1 is now available online, featuring:
Rethinking Broadband Internet Access
Daniel F. Spulber & Christopher S. Yoo
Professors Spulber and Yoo discuss the regulation of broadband Internet access and the reasons why the traditional model based on telecommunication regulation is not applicable to broadband internet using a branch of mathematics called graph theory. Spulber and Yoo argue that the failure to properly adjust to this fact has led to current issues regarding the availability of last-mile broadband systems, most notably the recent conflict between the FCC and Comcast.
The Layers of Obviousness in Patent Law
Jeanne C. Fromer
Professor Fromer reviews recent developments in the obviousness standard for patents arguing that the examination for obvious should be layered - the court should consider both the obviousness of the conception and the obviousness of the reduction to practice of the invention. She then discusses the implication of such a layered process on patentability of inventions in specific subject areas such as biotechnology and software.
Finding a Cure: The Case for Regulation and Oversight of Electronic Health Records Systems
Sharona Hoffman & Andy Podgurski
In the past couple of years, both Congress and the President have promoted programs that would incentivize the creation of electronic health records systems that would allow doctors easy access to all of a patient's medical background. Professor Hoffman and Podgurski argue both that these systems should and will be created. However, they also propose a system of regulation not only to ensure the privacy and security of patient records, but to make certain that the systems are reliable and contain accurate information.
Electronically Manufacture Law
Katrina Fischer Kuh
The advent of legal databases such as Westlaw and Lexis have substantially altered the way that legal research is performed. Professor Kuh uses principles of cognitive psychology to examine several specific differences in the approach to legal research and the consequences that these changes will have on the practice of law.
Toward a Culture of Cybersecurity Research
Aaron J. Burstein
Burstein argues that while cybersecurity researchers are making great stride in the protection of data, the progress in this field is actually being inhibited by statutory and informal measures aimed at protecting individual privacy. Burstein promotes the creation of research exception to federal privacy laws so that cybersecurity researchers may have access to data that improve security for all.
Making Available as Distribution: File Sharing and the Copyright Act
Student Note discussing several recent copyright cases, specifically, whether simply making a copyrighted work available, but not actually transferring it, counts as infringement.
The Web Difference: A Non-CDA-230 Rationale Against Liability for Online Reproduction of Third-Party Defamatory Content
Student Note arguing that, regardless of how courts and lawmakers end up interpreting the Communications Decency Act, internet speakers should be immune from liability for reproducing defamatory content. The Note supports this through an analysis of the unique nature and benefits of online speech and reproduction.