In myriad areas of public life—from voting to professional licensure—the state collects, shares, and uses sex and gender data in complex algorithmic systems that mete out benefits, verify identity, and secure spaces. But in doing so, the state often erases transgender, nonbinary, and gender-nonconforming individuals, subjecting them to the harms of exclusion. These harms are not simply features of technology design, as others have ably written....
Privacy
To determine whether there has been a violation of the Fourth Amendment, courts must first analyze whether there has been a “search” or “seizure.” Current doctrine offers two methods of identifying a “search”: the trespassory test and the Katz test. Scholars have criticized the Katz test, which asks whether an individual has a reasonable expectation of privacy, as being difficult to apply. In Carpenter v. United States, Justice Gorsuch...
Data scraping—the automated collection of data on the internet—is used in a variety of contexts. On the commercial side, scraping might be used as a means of competition—such as scraping by one company to retrieve information on prices for services provided by a competitor. On the noncommercial side, scraping could be used as a research tool—such as scraping by a news outlet to investigate Amazon’s...
Introduction The rapid rise of social media companies poses important questions for society, as legislatures, regulators, and courts try to balance consumer protections with the promotion of innovation and entrepreneurship. Indeed, technology is advancing much faster than the laws and regulations that govern it, creating a disconnect between the expectations of social media users and […]