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Preview: Winter 2013 Issue

YJoLT is once again pleased to offer a preview of our upcoming Winter issue.  This year, we’ve selected BJ Ard’s timely and thought-provoking new article, “Confidentiality and the Problem of Third Parties: Protecting Reader Privacy in the Age of Intermediaries.”

Surveillance State 2.0: Beta-Tested in China, Coming Soon to…?

By Ryan J. Mitchell† and Can Sun‡

 Looking back one day, we may find that one of the great stories of the ‘Teens was the dawning recognition that a new kind of surveillance state was emerging, not just nationally, but globally. [1]

Cyber-Attacking Al Qaeda: Assessing the First Amendment Challenge to Hacking Inspire Magazine

By Samuel Kleiner

In May 2013, in the month following the Boston Marathon bombing, U.S. intelligence operatives hacked, and temporarily shut down, the website for Al-Qaeda’s online magazine, Inspire.[1] During the cyber-attack, “the text on the second page was garbled and the following 20 pages were blank.”[2] The episode was the latest in a string of attacks against Al Qaeda’s online presence, with one intelligence official claiming, “You can make it hard for them to distribute it, or you can mess with the content.”[3]

At a Constitutional level, the hacking has raised First Amendment questions within the intelligence community.[4] Congressman Adam Schiff sought to allay these concerns noting that, “I don’t think al-Qaeda has a First Amendment right to put out its propaganda, to encourage people to commit acts of terrorists.”[5]

The Market for Privacy

By Matthew Sipe

People value privacy differently. For example, different people are willing to pay a range of premiums to conduct online transactions with added privacy guarantees.[1] Similarly, some individuals demand significantly more compensation than others for having their location data tracked.[2] These results suggest the potential for a market in privacy interests.

A Myriad of Loose Ends

By Jimmy Zhuang

This past June, the Supreme Court held in Association for Molecular Pathology v. Myriad Genetics Inc., 569 U.S. __ (2013) that DNA segments encompassing genes cannot be patented. The ACLU and other pro-access organizations rejoiced in victory [1]. Quietly, so did the biotechs [2]. The details of the Supreme Court decision leave many major concerns unaddressed for both sides, perhaps explaining this discrepancy in responses. By examining the two holdings and an important dictum of this case, and contextualizing their biotechnology implications, it is apparent that this case is far from a final say in the question of “patenting life.”

Hate the Game: Government Surveillance and the Market for Privacy

By Amanda Lynch

Even before Edward Snowden called a press conference using a Lavabit email address, the FBI was interested in the secure email service.  Lavabit founder Ladar Levison tried to cater to the savvy consumer: providing private communication in a market where participants are increasingly aware of the government’s access to their data.  However, Levison shuttered his email service in August, after receiving a search warrant from the FBI compelling him to turn over Lavabit’s SSL encryption keys.  These keys would have exposed not only Snowden’s data, but also that of 400,000 other users. As Levison said of the FBI in a recent talk, “They didn’t understand the industry implications.”  Levison’s case is now before the Fourth Circuit, suggesting not only commercial but also legal implications. 

Who Will Control the Internet?

By Wanling Su

This month, as 193 governments gathered in Dubai to create a treaty that will govern the future of the Internet, Syria had just emerged from an Internet shutdown that was most likely caused by its government. According to the CEO of SecDev, an Internet analytics firm:

Announcing the Winter Issue of YJoLT Volume 15

We are pleased to announce the publication of the Winter Issue of Volume 15 of the Yale Journal of Law and Technology.

Announcing the Spring Issue of Volume 15 of the Yale Journal of Law and Technology

We are most pleased to announce the publication of the Spring Issue of Volume 15 of the Yale Journal of Law and Technology.

Meeting of the Motherboards: The Validity of Contracts Created by Algorithmic Traders

By Adam Adler

[B]ug, n: An elusive creature living in a program that makes it incorrect. The activity of ‘debugging’, or removing bugs from a program, ends when people get tired of doing it, not when the bugs are removed.”—Datamation