•  
  •  
 
Editors
Editor-in-Chief: Editor Name, Editor Institution
Editors: Editor Name, Editor Institution
Editor Name, Editor Institution
 

The Duke Law & Technology Review is a student-edited online publication of Duke Law School that has been published since 2001 and is devoted to examining the evolving intersection of law and technology. Unlike traditional legal journals, DLTR focuses on short, direct, and accessible “issue briefs” or “iBriefs,” intended to provide cutting edge insight to lawyers and non-legal professionals.

iBlawg was a DLTR side blog from 2006 to 2007.

Please note: As of February 2012, the official citation for the Duke Law and Technology Review was altered to include a volume number, followed by the title of the journal, and the page number on which the article begins. Additionally, Volume 1 includes all scholarship published from 2001-2003.

ISSN 2328-9600 (Online)

Recent Content

PDF

Esports, Player Positions, and the Benefits Of Unionization
Roshan Patel

Date posted: 1-10-2020

Topic: internet, online, video games, esports, unionization, sports

 

PDF

IMPLEMENTING ETHICS INTO ARTIFICIAL INTELLIGENCE: A CONTRIBUTION, FROM A LEGAL PERSPECTIVE, TO THE DEVELOPMENT OF AN AI GOVERNANCE REGIME
Axel Walz and Kay Firth-Butterfield

Date posted: 12-20-2019

The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of damages, lack of transparency, increasing loss of humanity in social relationships, loss of privacy and personal autonomy, potential information biases and the error proneness, and susceptibility to manipulation of AI and autonomous systems.

Topic: Artificial Intelligence, technology, ethics, cyber, applications, privacy

 

PDF

The Past and Future of the Internet: A Symposium for John Perry Barlow

Date posted: 8-11-2019

Topic: Cyberspace, information, internet, intellectual property, copyright, Barlow

 

PDF

A Declaration of the Mission of University in Barlowspace
Charles R. Nesson

Date posted: 8-11-2019

Topic: Cyberspace, internet, university

 

PDF

What Didn’t Happen: An Essay in Speculation
Peter Jaszi

Date posted: 8-11-2019

Topic: Copyright, internet, cyberspace

 

PDF

Dancing on the Grave of Copyright?
Anupam Chander and Madhavi Sunder

Date posted: 8-11-2019

Topic: Copyright, intellectual property, cyberspace, internet, digital

 

PDF

John Perry Barlow’s Call for Persuasion Over Power
Jonathan L. Zittrain

Date posted: 8-11-2019

Topic: Copyright, internet, computer

 

PDF

Imaginary Bottles
Jessica Litman

Date posted: 8-11-2019

Topic: Digital, copyright, crypto, intellectual property

 

PDF

The Enigma of Digitized Property A Tribute to John Perry Barlow
Pamela Samuelson and Kathryn Hashimoto

Date posted: 8-11-2019

Topic: Digital, copyright, property, intellectual property, cyberspace

 

PDF

Revisiting Barlow's Misplaced Optimism
Benjamin Edelman

Date posted: 8-11-2019

Topic: Internet, communication, cyber

 

PDF

Internet Utopianism and the Practical Inevitability of Law
Julie E. Cohen

Date posted: 8-11-2019

Topic: Internet, communication, networks

 

PDF

A Political Economy of Utopia?
Yochai Benkler

Date posted: 8-11-2019

 

PDF

Inventing the Future: Barlow and Beyond
Cindy Cohn

Date posted: 8-11-2019

Topic: Internet, technological advances

 

PDF

Barlow's Legacy
Cory Doctorow

Date posted: 8-11-2019

Topic: Internet, tech, Barlow

 

PDF

Is the Internet Over?! (Again?)
James Boyle

Date posted: 8-11-2019

Topic: Internet, network, copyright

 

PDF

Selling Wine Without Bottles: The Economy of Mind on the Global Net
John Perry Barlow

Date posted: 8-11-2019

Topic: Cyberspace, information, internet, intellectual property

 

PDF

A Declaration of the Independence of Cyberspace
John Perry Barlow

Date posted: 8-11-2019

Topic: Cyberspace

 

PDF

The Past and Future of the Internet: A Symposium For John Perry Barlow
James Boyle

Date posted: 8-11-2019

Topic: internet, online, cyberspace, economy

 

PDF

Where To Prosecute Cybercrimes
Jacob T. Wall

Date posted: 5-10-2019

Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper venue. This Note explores several possible approaches to permitting cybercrime trials to take place in the locations where they belong, including through an old but recently revisited judicially-created test for venue and through possible legislative reform.

Topic: Cybercrime, Computer Fraud, Technology, IT, Computers

 

PDF

Icts, Social Media, & the Future of Human Rights
Nikita Mehandru and Alexa Koenig

Date posted: 4-1-2019

As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based open source investigations on international criminal legal processes, as well as challenges related to their use. We also offer best practices for lawyers, activists, and other individuals seeking to admit open source information—including content derived from social media—into courts.

Topic: open source evidence, human rights, social media, communication