Current Issue

Volume 18

When Timekeeping Software Undermines Compliance

Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen

19 Yale J.L. & Tech. 1

Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees’ hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing bad actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees’ paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights.

Going Native: Can Consumers Recognize Native Advertising? Does it Matter?

David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati

19 Yale J.L. & Tech. 77

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online.  The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising.  We explore whether respondents can distinguish native advertising and “regular” ads from unpaid content, using 16 native ads, 5 “regular” ads, and 8 examples of news/editorial content, drawn from multiple sources and platforms.  

Tackling the Algorithmic Control Crisis—the Technical, Legal, and Ethical Challenges of Research into Algorithmic Agents

B. Bodo, et al.

19 Yale J.L. & Tech. 133

Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products, information, and people; they increasingly customize our physical environments, including the temperature and the mood. Increasingly, algorithmic agents don’t just select from the range of human created alternatives, but also they create. Burgeoning algorithmic agents are capable of providing us with content made just for us, and engage with us through one-of-a-kind, personalized interactions. Studying these algorithmic agents presents a host of methodological, ethical, and logistical challenges.

Don't Fence Me In: Reforming Trade and Investment Law To Better Facilitate Cross-Border Data Transfer

Andrew D. Mitchell, Jarrod Hepburn

19 Yale J.L. & Tech. 182

The transfer of data across borders supports trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives such as national security, public morals or public order, and privacy. Such domestic measures create potential concerns under both international trade law and international investment law.