Harvard Journal of Law & Technology

Headquartered in Cambridge, Mass., the Harvard Journal of Law & Technology is a law journal covering law and technology that is published quarterly by the Harvard Society for Law and Public Policy, Inc. for lawyers, law students and law professors.

Articles from Vol. 28, No. 2, Spring

Black-Box Medicine
TABLE OF CONTENTS I. INTRODUCTION II. A NEW CONCEPTION OF PERSONALIZED MEDICINE A. Revolution in Personalized Medicine 1. What Is Personalized Medicine? 2. Explicit Personalized Medicine 3. Implicit Personalized Medicine: Black-Box...
Educational Privacy in the Online Classroom: FERPA, MOOCS, and the Big Data Conundrum
TABLE OF CONTENTS I. INTRODUCTION II. BIG DATA AND PRIVACY III. FERPA IV. MOOCs V. FERPA and MOOCs A. Does FERPA Even Apply to MOOCs? 1. Education Records 2. Students B. Impacts of FERPA Application to MOOCs 1. FERPA PII Disclosure...
Homing In: Technology's Place in Fourth Amendment Jurisprudence
TABLE OF CONTENTS I. INTRODUCTION II. FOURTH AMENDMENT: WHAT IS A SEARCH? III. ARTICULATED RULES A. Technology and Historically Private Places B. Technology and Physical Trespass IV. THE RULES' STRENGTHS A. Capabilities, Not Mechanics B....
Reconceptualizing the Right to Be Forgotten to Enable Transatlantic Data Flow
V. A PROPOSAL TO RECONCEPTUALIZE THE RIGHT TO BE FORGOTTEN TO ACCOMMODATE EXPRESSION We propose that the European Union narrow its right to be forgotten in order to walk the tightrope between the Scylla of inadequately protecting expression and...
Reforming Copyright Interpretation
TABLE OF CONTENTS I. INTRODUCTION II. JUDGES MAKE NECESSARY AND DIVERGENT INTERPRETIVE CHOICES IN COPYRIGHT LAW A. Copyright Cases Follow an Analytical Trajectory B. Many Interpretive Modalities Exist C. Courts Disagree over What Methods and Sources...
Reforming Copyright Interpretation
3. Historical Context and Genre Another recent example illustrates what it looks like when a court deliberately situates its interpretive authority in a work's context, discussing both genre and historical context. Because the same plaintiff came...
The NSA Has Not Been Here: Warrant Canaries as Tools for Transparency in the Wake of the Snowden Disclosures
TABLE OF CONTENTS I. INTRODUCTION II. IMPLEMENTING WARRANT CANARIES: CONFLICTING PURPOSES, BEST PRACTICES A. Performative Canaries B. Granular Canaries C. Public Policy Canaries III. THE FIRST AMENDMENT PROBLEM: CAN THE GOVERNMENT COMPEL COMPANIES...
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