JTIP Blog: Five New Posts Published

By: Alessandra Fable, Jeanne Boyd, Elisabeth Bruckner, Angela Petkovic, and Shelby Yuan

Volume 20, Issue 3 now available

JTIP Blog: Legal Implications of Digital Economies in Gaming and E-Payments

By: Kathleen Denise Arteficio

JTIP Blog: DEAD OR ALIVE: ANALYZING THE IMPACT OF TRADEMARK RESIDUAL GOODWILL ON ENTREPRENEURSHIP IN FASHION

By: Rohun Reddy

Volume 20, Issue 2 now available

JTIP Blog: Collecting Student Athlete Biometric Data

By: Anthony Vitucci

JTIP Blog: Facial Recognition Technology in the Commercial Sector

By: Michael Willian

Volume 20, Issue 1 now available

JTIP Blog: Personal Privacy & Biometric Data in the COVID-19 Pandemic

By: Luke Shadley

Staying a Jane Doe Post Dobbs and Roe: The Risk Modern Technology Poses with Archaic Abortion Restrictions

By: Marino, Grace E. | March 5, 2024

Dobbs v. Jackson Women’s Health Organization sent shockwaves across the nation, overturning years of precedent and marking a pivotal moment as Roe v. Wade receded from current legal standing. This consequential abortion case immediately ignited controversy, prompting states to swiftly enact laws prohibiting abortion. Beyond the immediate implications for the health and safety of those seeking abortions, the new legal landscape poses additional risks. Since the era when abortion was last illegal, rapid technological advancements have transformed the American societal landscape, resulting in daily surveillance of its citizens. The convergence of technological progress, societal dependence on technology, and the absence of robust data privacy laws presents a distinctive challenge to reproductive rights. This paper delves into the technological landscape preceding Roe, explores significant developments since 1970, and examines the potential ramifications for reproductive freedom. The unique risks arising from data collection and easy access to information are particularly pronounced in states with recently implemented anti-abortion legislation.

Abuse of Dominance in Tech: Comparative Analysis of Margin Squeeze Claims Against U.S., EU, and Korean Telecommunications Firms

By: Roh, Alex Hyojung | March 5, 2024

Telecommunications network operators around the world are often characterized as natural monopolists. Only one or few telecommunications firms control nationwide networks through which all other ancillary service providers reach their customers. Many jurisdictions, including the United States, European Union, and Korea, seek to prevent such powerful market players from abusing their dominance by regulating their business conduct under competition law. This Note focuses on the regulation of “margin squeeze,” whereby a dominant firm leverages its market power in one market with the intent to monopolize a separate but related market. The United States does not currently impose a standalone antitrust liability based on margin squeeze, whereas the European Union has established that margin squeeze constitutes a standalone abuse. In 2021, the Korean Supreme Court adopted a similar approach to the European Union. A comparative analysis reveals that the Korean Supreme Court has judicially created the notion of margin squeeze based on a notable statutory ambiguity. Korean competition law authorities must resolve this ambiguity through legislative reform based on thoughtful policy choices that adequately reflect the purpose of competition law.

“Guarding the Sanctity of Choice and Privacy”: Data Privacy and Abortion–The Next Frontier of the Fourth Amendment

By: Houser, Ryan S. | March 5, 2024

In the wake of the Dobbs decision, a seismic shift reverberates through the landscape of reproductive rights. As investigations into private healthcare decisions surge, states wield increasingly sophisticated tools to probe into the private lives of pregnant individuals, igniting a contentious debate on privacy and data security. The United States is entering a looming era where internet search histories, emails, text messages, and GPS data become ammunition in the arsenal of state-led investigations. Dubbed as “dragnet criminal surveillance tools,” these tactics will unleash a torrent of prosecutions, raising profound questions about the sanctity of personal information in the digital age. As the boundaries of privacy blur and the specter of Orwellian intrusion looms larger, the stage is set for a clash between legal precedent and technological innovation in the realm of reproductive justice. This Article investigates the way in which recent court rulings and laws concerning data and privacy offer safeguards for forthcoming legal challenges post-Dobbs. With the proliferation of abortion inquiries due to state-level bans, the Fourth Amendment and Stored Communications Act offer vital protections against potential misuse of investigative methods, ensuring data and privacy rights are upheld. This Article begins by analyzing the theoretical risks to data privacy and security post-Dobbs, illuminating potential issues through hypothetical scenarios and real-world examples. Additionally, this Article examines historical perspectives via pivotal court cases and policies on data privacy, contextualizing them within today’s landscape of protection. Ultimately, this Article, leveraging insights from both historical and contemporary viewpoints, contends that the current protective framework, grounded in the Fourth Amendment and the Stored Communications Act, serves as a safeguard against Dobbs-related challenges, particularly concerning technology-driven infringements on abortion-related matters.

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