Current Issue

Volume 16

A Lot More Than A Pen Register, And Less Than A Wiretap

Stephanie Pell, Christopher Soghoian
16 Yale J.L. & Tech. 134

In June 2013, through an unauthorized disclosure to the media by ex-NSA contractor Edward Snowden, the public learned that the NSA, since 2006, had been collecting nearly all domestic phone call detail records and other telephony metadata pursuant to a controversial, classified interpretation of Section 215 of the USA PATRIOT Act.

Certain Patents

Alan C. Marco, Saurabh Vishnubhakat
16 Yale J.L. & Tech. 103

This Article presents the first in a series of studies of stock market reactions to the legal outcomes of patent cases. From a sample of patents litigated during a 20-year period, we estimate market reactions to patent litigation decisions and to patent grants. These estimates reveal that the resolution of legal uncertainty over patent validity and patent infringement is, on average, worth as much to a firm as is the initial grant of the patent right. Each is worth about 1.0–1.5% excess returns on investment.

A Theory of Creepy: Technology, Privacy and Shifting Social Norms

Omer Tene, Jules Polonetsky
16 Yale J.L. & Tech. 59

The rapid evolution of digital technologies has hurled to the forefront of public and legal discourse dense social and ethical dilemmas that we have hardly begun to map and understand. In the near past, general community norms helped guide a clear sense of ethical boundaries with respect to privacy. One does not peek into the window of a house even if it is left open. One does not hire a private detective to investigate a casual date or the social life of a prospective employee.

Confidentiality and the Problem of Third Parties: Protecting Reader Privacy in the Age of Intermediaries

BJ Ard
16 Yale J.L. & Tech. 1

We often regulate actors as a proxy for protecting categories of information. Rather than directly protect reading records, for example, we target actors like libraries who are likely to possess them. This approach has proven increasingly untenable in the digital age, where the relevant actors are difficult to identify and constantly shifting. Unanticipated third parties now insert themselves as intermediaries or eavesdroppers in all manner of transactions, even in protected spaces like libraries.