Author: JOLT Page 10 of 50

By Merrin Overbeck

https://pixabay.com/photos/cell-phone-phone-cell-mobile-690192/

Currently, the average person in the United States spends over four hours a day on their cell phone.[1] Cell phones have become a vital part of most people’s lives, from sending text messages, to listening to music, to using its GPS function. However, there are serious privacy rights at issue regarding situations when government officials’ and law enforcement officers’ access this information without going through the proper procedures.

 

On June 22, 2018 in Carpenter v. United States, the Supreme Court of the United States ruled 5-4 that the Fourth Amendment right to protection against unreasonable searches and seizures applies to cell phone location information.[2] This location information, called cell site location information (CSLI), is gathered by cell phone service providers such as Sprint, AT&T, and Verizon. According to the Court in Carpenter, this information creates a “detailed chronicle of a person’s physical presence compiled every day, every moment over years.”[3] Because of how revealing this information can be, law enforcement officers are now required to apply for and get a search warrant from a judge or a magistrate before obtaining this information.[4] If law enforcement officers are able to legally obtain a search warrant, this information can be vital to their investigations into suspected crimes; however, if a warrant is not obtained, this information could allow law enforcement officers to unconstitutionally intrude upon individuals’ right to privacy.

 

In order to understand why access to this type of information is such a significant issue, it is necessary to understand that “cell phones operate-by constantly connecting to cell towers to exchange data- mak[ing] it possible for cell providers to collect information on everywhere that each phone- and by extension, each phone’s owner- has been for years in the past.”[5] This has major criminal law implications because these cell phone towers are constantly gathering information about individuals through their operational cell phones. The gathering of this information by cell phone service providers allows law enforcement officers to have access this bank of information. Access to cell site location information allows law enforcement officers to accurately determine a user’s location without necessarily requiring the phone user’s knowledge or consent.[6]

 

The privacy concerns caused by the gathering of cell site location information raises is worsened by programs such as Trax™, created by the technology company ZetX. This program is aimed specifically at law enforcement officers. This software “recognizes cell phone data in any format from any provider and uses it to map the cell towers, create visuals of call information, highlight callers’ habits, and even autofill search warrants.”[7] Trax™ also allows law enforcement officers to “receive real-time notification of a subject’s location via GPS.”[8]

 

This software essentially allows law enforcement officers to automate the organization and display of cell site location information.[9] While there are clear benefits for law enforcement investigations, there is the possible issue of access to this software when it comes to prosecutors’ obligation to turn over discovery to defense counsel.[10] While the founder of ZetX states that law enforcement officers “can send Trax™ reports to the prosecutor and the defense attorney for discovery,” there is the potential issue that defense attorneys will not typically have access to this software. Because the ZetX website requires an email associated with a law enforcement agency to log on and create an account[11], there is the issue that this software could provide a means of not having to turn over the raw data that the software uses to create its graphics to defense counsel.

 

Another major way that ZetX and Trax™ changes the status quo of applying for and obtaining search and arrest warrants is the company’s promotion of the use of “reverse warrants” to request identifying information for every phone that was in the vicinity of where a crime was committed at a certain time.[12] Normally, search or arrest warrant targets a known object or individual. Reverse warrants raise constitutional issues due to the fact that they “guarantee a sizable number of non-criminals will be swept up in the data haul.”[13] These warrants can raise Fourth Amendment concerns because judges deciding whether to issue these warrants will likely not be able to easily understand the true area that the warrants are requesting information for; and therefore, the search will be broader than the Fourth Amendment allows for.[14]

While it is not likely that judges will learn about this issue and fix how they approve search or arrest warrants, raising awareness of this issue is the first step so that challenges to this technology’s constitutionality can be brought forward and addressed.

[1] See Melanie Curtin, Are you on your phone too much? The average person spends this many hours on it every day, Inc.com, (Oct. 30, 2018), https://www.inc.com/melanie-curtin/are-you-on-your-phone-too-much-average-person-spends-this-many-hours-on-it-every-day.html.

[2] See Carpenter v. United States, 138 S. Ct. 2206, 2223, 201 L. Ed. 2d 507 (2018).

[3] Id. at 2220.

[4] See 18 U.S.C. §2703 (2012) (explaining that the Stored Communications Act allows government officials and law enforcement officers to obtain this information from cell phone providers).

[5] Andrew Crocker and Jennifer Lynch, Victory! Supreme Court says fourth amendment applies to cell phone tracking, Eff.org, (June 22, 2018), https://www.eff.org/deeplinks/2018/06/victory-supreme-court-says-fourth-amendment-applies-cell-phone-tracking.

[6] See V. Alexander Monteith, Cell site location information: a catalyst for change in fourth amendment jurisprudence, 27:1, Kan. J.L. & Pub. Pol’y 82, 84 (2017) (explaining that officers are able to run these searches without requiring the cell phone owner’s permission).

[7] Melanie Basich, Trax from Zetx: visual analysis, Police Mag., (Jul. 17, 2014), https://www.policemag.com/341174/trax-from-zetx-visual-analysis.

[8] Id.

[9] Id.

[10] While it is possible for defense counsel to gain access to this search, offices such as the public defender’s must specifically request that their email address be approved.

[11] See Request Trax™ Demo, ZetX, https://phonelookup.zetx.com/requestdemo

[12] See Tim Cushing, Minnesota judges spent only minutes approving warrants sweeping up thousands of cellphone users, Techdirt, (Feb. 12, 2019, 10:45 AM), https://www.techdirt.com/articles/20190211/08125241570/minnesota-judges-spent-only-minutes-approving-warrants-sweeping-up-thousands-cellphone-users.shtml; see also Aaron Mak, Close enough: police departments are using “reverse location search warrants” to force Google to hand over data on anyone near a crime scene, Slate.org, (Feb. 19, 2019, 5:55 AM), https://slate.com/technology/2019/02/reverse-location-search-warrants-google-police.html

[13] Tim Cushing, Minnesota judges spent only minutes approving warrants sweeping up thousands of cellphone users, Techdirt, (Feb. 12, 2019, 10:45 AM), https://www.techdirt.com/articles/20190211/08125241570/minnesota-judges-spent-only-minutes-approving-warrants-sweeping-up-thousands-cellphone-users.shtml

[14] See Aaron Mak, Close enough: police departments are using “reverse location search warrants” to force Google to hand over data on anyone near a crime scene, Slate.org, (Feb. 19, 2019, 5:55 AM), https://slate.com/technology/2019/02/reverse-location-search-warrants-google-police.html; see also Aaron Mak, Close enough: police departments are using “reverse location search warrants” to force Google to hand over data on anyone near a crime scene, Slate.org, (Feb. 19, 2019, 5:55 AM), https://slate.com/technology/2019/02/reverse-location-search-warrants-google-police.html

By: Stephanie Seibert

Image Source: https://www.usatoday.com/story/tech/2019/08/28/banning-neo-nazis-extremists-twitter-how-police-and-avoid-bias/2139370001/.

In today’s social media – centric world there seems to be an overwhelming number of platforms available for individuals to express their thoughts and ideas. Big Tech companies such as Twitter, Facebook and Google alike allow users to post their content at a click of a button. At first glance, these platforms seem to be advancing the First Amendment and furthering its agenda of freedom of speech. However, these Big Tech firms are currently coming under scrutiny for, at times, restricting content which would violate some freedom of speech ideals[1].

These Big Tech firms are finding it hard to police content while avoiding bias. Social media platforms are facing contradictory demands to oversee internet content, without infringing on First Amendment rights.[2] There are balances that must be considered when allowing people to express themselves in a way that does not harm society; this endeavor is becoming increasingly hard as technology expands and grows[3].

A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen[4]. Social media users use social media platforms to engage in various types of protected First Amendment speech[5]. Accordingly, social media lawsuits and legislation regarding the First Amendment stem from deprivations under the Free Speech Clause[6].

Members of congress have been attempting to pass legislation that places a burden on social media providers to prove that they aren’t using bias to filter content[7].  Michael Beckerman, head of the trade group Internet Association, said these proposed legislation forces platforms to “make an impossible choice: either host reprehensible, but First Amendment- protected speech, or lose legal protections that allow them to moderate illegal content like human trafficking and violent extremism. That shouldn’t be a tradeoff.[8]”

Congressional legislation is not the only place that social media providers are coming under scrutiny; the judiciary is also handing down rulings that place extra burdens on the Big Tech companies[9]. Litigation has come into the judiciary as social media users challenge other users or social media providers for limiting or banning social media users’ ability to participate in the social media platforms based on their viewpoints[10]. These bans are being challenged as an unconstitutional form of discrimination under the First Amendment.

The issue with these cases being solved in the judiciary is how courts adapt established First Amendment jurisprudence to the world of social media.[11] Courts are struggling to find remedies for these types of litigation. The court system is, per se, trying to fit a square peg in a round hole. The judiciary is attempting to tailor precedent First Amendment jurisprudence and apply it to a “revolutionary technology.[12]” At times this leads to the court taking a “rights-centric approach” and creating remedies that are distinct to the specific social media technology used to violate the First Amendment[13].

Courts are ill equipped to understand the technological distinctions of social media and it is ill advised that courts make legal rulings based on technologies that frequently change and evolve.[14] This leads to outdated rulings and creates confusions and uncertainty about which precedent applies to liability in these First Amendment cases dealing with social media.[15] These court rules will have a chilling effect on both social media users and providers and will negatively impact social media platforms’ environment of free speech. Additionally, courts ruling on social media risks judicial overreach.[16] There is a risk that the courts will try to expand what constitutes as state action. Big Tech firms are private actors, but there is a risk to the nature and number of litigations that will occur if the courts find that policing content constitutes as state action[17].

Will the judiciary set a precedent for social media providers to follow? Will Congress pass legislation detailing the best way for users’ First Amendment rights to be protected? Will social media providers just be stuck performing a balancing act trying to not infringe First Amendment rights while policing content on their sites? Social media is an invaluable part of todays’ society, and emphasis should be placed on finding a solution to possible First Amendment violations while allowing social media platforms to police content to maintain a safe environment for users.

 

 

 

 

[1]Marcy Gordon, How Should Big Tech Police Content while Avoiding Bias?, USA Today (Sept. 5, 2019, 7:25 PM), https://www.usatoday.com/story/tech/2019/08/28/banning-neo-nazis-extremists-twitter-how-police-and-avoid-bias/2139370001/.

[2] Id.

[3] See Amanda M. Williams, Notes & Comment: You Want to Tweet About it But You Probably Can’t: How Social Media Platforms Flagantly Violate the First Amendment, 45 Rutgers Comp & Tech L.J. 89, 93 (2019)

[4] Packingham v. North Carolina, 137 S. Ct. 1730, 1735-36 (2017).

[5] Id.

[6] See Kathleen M. Hidy, Article:Social Media Use and Viewpoint Discrimination: A First Amendment Judicial Tightrope Walk With Rights and Risks Hanging in the Balance, 102 Marq. L. Rev. 1045, 1053 (2019).

[7] Marcy Gordon, Tech Giants Face Questions on Hate Speech Going into Debates, AP News (Sept. 5, 2019, 7:53PM), https://apnews.com/b8fef98153c24c8dbcc7778115089806.

[8] See Gordon, supra note 1.

[9] See Hidy, supra note 6 at 1081.

[10] Id. at 1046

[11] Id. at 1081

[12] Id.

[13] Id.

[14] Id. at 1082

[15] Id.

[16] Id.

[17] Id.

By: Seth Bruneel

Image Source: http://www.law.ou.edu/news-and-media/ou-college-law-named-apple-distinguished-school

Intro

I’ll admit, I’m biased. Team Apple all the way. I’m also pro-no-paper. Some people need to print it, touch it, handle it, feel it, and write on it in order for it to get into their brain. I’m the opposite. I just read it. I can retain information that I read off a screen. It’s a mindset and habit, a habit that has served me well as a law student. Plus, the Cloud makes it possible. So, whether you are trying to save the environment, enjoy a minimalist lifestyle and save your back from the books, or are just curious, let me share a few tips and tricks I figured out along the way.

 

Best for…

This is both a “should-you” and “how-to” because the answer is yes you should! Anyone could benefit from and enjoy going all in on the iPad but there are categories of people who would more readily see the benefits.

First off, there is no need to be overly “tech-savvy.” Apple has worked really hard to make its products easy/simple to use. There are also resources available to get you started. YouTube has countless videos on “how-to.” Apple offers classes in its Apple Stores. And, depending on your school, there may be someone designated to assist and educate students and faculty so they can make the most of their tech.

My first thought was for commuting students. I know some people who drive up to two hours one way. Imagine if you forgot your textbook or notebook at home. It would be paralyzing and could mean a whole day is wasted by either making the extra trips or by spending a day not doing what you need to do. Having everything in one, easy to remember and carry place would minimize the risk of forgetting anything and it is much less to lug around. Backpacks are handy but there is no need for “intellectuals” to carry fifty pounds of luggage just for a day at school.

I also thought of other students who use public transportation. I met someone who “goes to school in Boston,” and he would spend up to an hour a day on a combination of buses and trains, not to mention the time waiting for the next one. The iPad is perfect for someone in that situation because everything they need is in their hands. They can get reading done and make notes and highlights without busting out a large, hard to hold book complete with four different colors of highlight. Much easier to quickly stow and retrieve to continue reading as the commute continues and connections are made.

While an undergraduate student I had a laptop. It was pretty large, kind of heavy, usually needed a charge, and always felt fragile in my backpack. (Okay so this was 2010 but still…) So, it turned into, essentially, a desktop computer. Later in college, I just switched to a desktop computer. It was at this point that I got my first iPad. I realized that, even the early iPad (which has only gotten better) was great for notes, reading, and email. If I needed more computing power or to dive into large documents with formatting and formalities, I could just use the computer at my apartment. But I didn’t need all that strapped to my back all day every day. So, that is a long way of saying that the iPad life is great for people who already have a good computer (or one they just can’t let go). The iPad can be used when “out and about” and then the “ole reliable” is perfect for bigger projects.

Also, current Apple users will enjoy expanding their “Apple Universe.” Apple does a great job of setting up their products such that they only overlap slightly in use and function, while at the same time working together seamlessly. Examples include their “Airdrop” and “Handoff” functionality. Anyone with an iPhone, Mac computer, and iPad can send/receive calls, FaceTime, and text message from each and every device. For the true Apple believers, there is also the AppleTV, which allows easy streaming from any Apple device to a much larger (or second) screen.

There is a final category of people that I don’t know what to call other than a “non-desker.” This is the guy or girl who, independent of their academic performance, never seems to be found in the library like everyone else. They get their reading assignments done by the pool, at the gym, in a random hole-in-the-wall coffee shop or restaurant, or up on a roof with a view. These are the people who can focus anywhere. For them, the all-in-oneness of the iPad would be ideal to further unleash their creativity and travel-ability/adventures. Their only limitation would be battery life. Maybe you strive to be this type of person but didn’t know how to be. Until now.

 

 

Limitations

Before you run out to the Apple Store and plop your piggy bank on the counter, I will warn you that there are a few limitations on exclusive iPad use in law school. Some of those limitations will depend on your school itself. At my school, the University of Richmond School of Law, final exams cannot be administered on iPads. In fact, exams must be completed on a laptop. There are loaner laptops available during finals but there is no guarantee that one will be available because everyone is expected to have access to one.

There is also a possible limitation regarding printing. Some university systems don’t allow printing from “portable devices” such as phones and tablets. Sometimes there are work arounds by emailing to a friend or by printing from a lab computer in the law school’s library (if available). Even the most paper free student can’t get around some professors wanting papers printed and turned in.

Another limitation is word processing on the iPad. Microsoft Word and Apple Pages have come a long way but they still don’t do everything on the iPad that a “real” computer will. Getting all the ideas on the page isn’t the problem, the biggest limitations will be related to formatting.

You will also need to watch out for the professors who ban the use of laptops in their classroom. It is a bit of a gamble but this can be factored into your choice of law school or could be easy to find out if this is the norm or if the non-laptop class is an oddity. I’ve even found some professors allow laptops in some of their classes but not in others, depending on subject or class size. So, a little research is needed before taking the plunge.

Then there is the whole separate debate about typed versus handwritten notes. Part of that debate is the way you personally learn and part is the ability to be distracted. Personally, I have terrible handwriting, so typing is my preferred method. I also think that the screen and access to the internet can be distracting, but just because your laptop or iPad isn’t distracting you, doesn’t mean you are paying attention. And, with a stylus, there are ways to hand-write notes on the iPad so if typing is the issue, it can be overcome. There are also accessibility functions and settings such as “do not disturb” and “Screen Time” that are available to help control the impulse to entertain yourself when a professor dips into the history of property law in Medieval England. Again.

It is also worth checking out the multimedia and other features of your law school to see if they are Apple friendly. For example, my school has projectors in each room with varying hookups to display whatever you have to the whole room. Hooked up to each projector is an AppleTV. This makes it easy to share your iPad screen for presentations or even for a professor teaching a class.

Uses

So, what can the iPad do? The iPad will do pretty much anything. Plus, if you think of something you really want it to do, I’d wager that there is an app for that. In a law school setting, the iPad is great for taking notes (however you please), reading, keeping yourself organized, email, recording lectures, collaborating, presenting, and watching (missed classes, webinars, educational stuff of course). One thing that lots of people don’t know or forget about is that the iPad will do split screen. You can have your note taking app open on the right and your e-book open on the left. And other, more entertainment focused apps like the TV app or Netflix, will do picture-in-picture so you can distract yourself while you work. Speaking of apps, below I shared a few of my favorite apps, ranked from “must-have” to honorable mention. Side note, not all apps are free but there are ways to cut costs (see below).

MUST HAVE APPS

            At some point, every man must pick a side. Apple has its own default suite of apps which includes Pages, Numbers, and Keynote. If you pop open your shiny new iPad and find yourself confused as to what these do, they are Apple’s version of Word, Excel, and PowerPoint. Both accomplish the same things subject to user preference. Microsoft’s apps are free to download but require you to sign in with a subscription to use. If you have one, great. If you don’t, you might have access with your school email credentials. Either way, most things in law school are done in Microsoft’s Office suite because the professors have it free. You’ll need the Office suite for writing papers and presentations so this really shouldn’t add any cost.

 

Included in this Suite is Microsoft OneNote. For anyone taking notes on iPad or laptop, Mac or otherwise, OneNote is by far the number one used note taking app at my school. It is easy to use and organize. Plus, it syncs across all of your different devices so people with a computer and laptop have access to all of their notes everywhere.

Incidental to OneNote is OneDrive. OneDrive is Microsoft’s cloud storage. You get at least 5 gigabytes of free storage with each account. This is great for syncing all of your notes, files, documents, and folders across multiple computers and with the iPad. OneDrive is not the only option. There are also others such as Box and Google Drive. Google Drive connects with its own popular suite of applications such as Google Dos, Sheets, and Presentations. Depending on what your school or classmates prefer, the iPad can work with any set of applications with just a few taps. Any, or all of the app “packages” are must haves.

Another “must-have” is the Amazon Kindle app. This comes in handy depending how much money you want to spend on books. I prefer e-books (primarily because I can’t lose them) and I don’t mind reading on a screen. The Kindle app makes it easy to read, highlight, bookmark, and make notes as you read. Kindle also syncs across multiple devices. Not all books are offered as an e-book but if it is, there is a good chance Amazon will have it.

 

For the hand writer, my must have is Noteability. It is great for handwriting notes in class or at a presentation of some sort. It is also great for marking up PDFs with handwritten notes and comments. Noteability has an organizational system that lets you organize your notes in categories according to your own personal system so that things are easy to find. Plus, there is even a “build it” feature that lets you look at two documents side-by-side in the app and work on both at the same time.

I even use Noteability to do most of my reading. This is possible by using another must-have app, Adobe Scan, which allows you to use the iPad’s (or iPhone’s) camera as a scanner. I use Adobe Scan to take pictures of textbooks and then mark up the scanned PDFs in Noteability. It is also easy to add more notes later while in class. This also comes in handy when professors hand out printed copies of things. Rather than smashing the single paper into my backpack to be instantly crumpled, I can just quickly scan it and decide if I need to hang onto the physical paper or not (usually the answer is no).

DEFAULTS

            Apple pre-loads the iPad with apps and quite a few can be your best friend. I prefer the default Mail app over Gmail or Outlook, and any email address can use the Mail app. The Calendar is a law student’s best friend. It is easy to keep yourself organized and reminded of what is due and when. Calendar will also sync with any other calendar like Outlook or Google Calendar so it is nice to have everything in one place.

Notes is a sneaky good app. It works great as a do-to-list or if you are working in collaboration (Google Docs isn’t the only way). It even has a built-in scanner for documents to be uploaded straight to Notes. If you use the Apple Pencil, there is a shortcut that allows you to “tap tap” on the lock screen, which will immediately open a new note—perfect  for jotting down something quickly. Lastly, Apple has been beefing up FaceTime. With group calling on FaceTime, you can find other Apple enthusiasts and create your own “digital” study group.

RECOMMENDED

These next apps aren’t crucial to making the iPad everything you need it to be, but they sure do come in handy.

Westlaw/Lexis Advance – These are both legal research platforms. Both can be used to find cases and even for reading, though I prefer to download the PDF to Noteability and read/mark up there. Once you get to school you can pick which service you prefer but I will say that Westlaw’s app has worked better for me.

Themis/Barbri – Themis and Barbri are bar-prep companies that try to “get you early” by providing some help with your first-year law school courses and eventually with studying for the MRPE.

Citrix AnyConnect – VPN lets you use school resources off campus or to keep your stuff safe when using public WiFi. 

HONORABLE MENTIONS

            These are the apps that not everyone will need or won’t need all of the time but those who truly dive into being an iPad person might find helpful.

If you are going to be using the iPad and a laptop regularly, I suggest looking into Duet or something similar. Duet lets you plug your iPad into the laptop and then use it as a second display screen. Comes in handy when sifting through documents for a memo or reading and taking notes.

Quimbee – for case briefs. You can use them to help you read and get ready for class or have them as a security blanket when you get “cold called” for the first time.

LinkedIn – I’m not a huge fan but I understand some people have had great success networking or even finding jobs using LinkedIn.

Twitter – great for news. I’ve written an article or two about self-driving cars and a few Twitter accounts have come through with better sources than more traditional databases. You can also craft your timeline in a way that you see the conversations the legal community is having in the area of law you are headed into. And as always, networking.

Slack – can be a great tool for organizations to communicate and get work done. I used it as an employee in the library and as a member of a law journal.

Pocket Points – Might be better for the phone but the idea is that you get points for keeping your phone locked when on campus (or driving). The points can then be used in the store for rewards.

The rewards aren’t the best, usually a 10% off coupon, but I now have pretty much unlimited codes for Redbox. They come in handy when I need a break on the weekend.

Poll Everywhere – lets professors or presenters poll the audience using smartphones/tablets/computers.

News – Another default one from Apple. They recently just did a big update that should make it a good place to get news articles that interest you. Can be used for research, breaks, or staying up to date with developing stories.

Podcasts – Lots of great stuff out there.

Xbox – By far the best use of this app is to control the Xbox without having to grab a controller. You can also chat and join a party from the app, rather than through the Xbox.

Entertainment – The iPad is for some people (like my wife) a mini tv that can follow you around while you “work” (or not). There are endless entertainment apps, and it is important to unwind. Try Netflix, TV, Movies Anywhere, Vudu, Xfinity, ESPN, games, books, social media, music… and Apple TV is coming.

      

Which iPad/costs

The iPad isn’t cheap. But neither is law school. Part of your choice whether to iPad or not will be the costs. So, permit me to try an analogy so see how you think about money in general.

I have a good buddy from high school and we both got married around the same time. My wife and I decided to use some of the money from our wedding and some store credit from returns to get a pretty fancy blender. We both agreed that using $500 for a blender was a great plan. My buddy totally disagreed. He was a much bigger fan of the $30 blender. There are tradeoffs with both but it comes down to our thinking that we won’t need another blender for 10 or 20 years. But my friend is perfectly happy using his and when it breaks, he will just go get another $30 blender.

Now the iPad won’t last 10 years but the thinking behind the purchase is similar. It is more money up front but can end up saving money and time later. And there are (recommended) associated costs. You should have a good case on it to prevent accident damage and wear and tear. A case can range from $10 for a simple trifold to $60 for something more substantial with a built-in keyboard. And you will also need a good keyboard. Any Bluetooth keyboard will do. I don’t have but really like Apple’s Smart Keyboard Folio which starts around $160 for the smaller version. I use a simple Magic Keyboard ($100) when I need to type but it might be worth looking around for a good case/keyboard combo. Eventually, depending on how you end up using the iPad, you might like a stand for it but those aren’t necessary or expensive.

I also highly recommend getting the Apple Pencil. Some see it as a $100 stylus but I can tell it you it is worth every penny. It has outlasted every other stylus I’ve tried and nothing is as precise. If you plan on doing lots of handwriting or highlighting, you will be glad you spent the money.

There are ways to save on books by using the iPad. Law school textbooks are expensive, so any little bit helps. Costs can carry with the format. Some books are more expensive as a Kindle e-book while others are available as a PDF. The best way to save costs is to check with the library at the law school. They should have course books on reserve so you can check it out and scan the pages you need to read that week. Then you don’t spend any money on books. The tradeoff being you don’t get the hard copy to use during open book exams. One solution might be to pool resources with your digital study group and buy one book, split the costs four ways and you each have access to the hard copy but just scan the pages you need for highlighting and reading.

Another cost associated with using the iPad are the apps. Most of them are free to download but you might find one, like Notability, can cost up to $10 (of the ones I mentioned above only Noteability and Duet are not free, both $10). If you are cost conscious, there are ways in law school to get gift card codes for Apple’s App Store and iTunes. LexisNexis offers points for daily research, watching training videos, and attending events on campus. These points can be cashed in for a number of prizes including money for App Store and iTunes. The points add up quickly enough that you can get whatever apps you need within a few months. I ended up spending my points on Noteability, Duet, and the rest on I cashed in on movies.

Now, the iPad itself starts at $400 (for an iPad mini) and goes up to over $1000 (for the iPad Pro 12.9”). I recommend “test driving” (visit an Apple Store or Best Buy in person and play with the different sizes and options) and then getting the “$500 blender,” meaning I recommend the Pro in whichever size fits you. Starting with a higher performing device means it will be sure to last the full three years. Get one you know you will be happy with over the three long years of law school.

I have the 12.9” iPad Pro 64GB. I call it my “iPad Mega.” Apple touts that it is about the size of an 8/5”x11” piece of paper and it is. It fits just fine in my backpack and doesn’t blind anyone who sits behind me in class. I do enjoy the size of the screen but I find it heavy to hold. If you are committed to the iPad and a desk, then the bigger one is for you and the size and weight won’t be a problem. If you plan on using the split screen feature (or using it as second monitor) and handwriting most of your notes with the Apple Pencil, you might be happier with the big (12.9”) one. For those who will use it ancillary to a laptop for mostly reading or who are more often on-the-go, then the 11” iPad might be all you need.

I’ll also let you in on a little secret… My iPad was free! I didn’t get it right when I started law school. I got it my third year (however I had an iPad that I purchased while doing my undergrad that I used throughout my first two years). My iPad was included with my bar prep course which was paid for by my future employer. Themis Bar Prep offers a ‘technology package” which throws in an iPad for $400. I “negotiated” for the big one and my firm agreed to pay the difference. Check with your local Themis representatives to see which iPad they offer, when you get it, and if there is room to “customize.”

Part of the reason I recommend the Pro version is that it has a better screen. With all the time spend staring at the screen, it is better for your eyes to have the higher quality screen. Another reason to spend a little more upfront for more long-term benefits.

As for how much memory, with all the options for cloud storage, the 64GB is very doable. However, if you get it early it might be worth the extra $150 to upgrade to 256GB to avoid running into problems when your iPad gets full.

However, there is no need for the cellular connectivity option. No need to add $150 up front and then $10/month (on Verizon). If someone else is footing the bill, great, but still no need to ask for it. Most of the world is covered in WiFi and certainly all of the places I do my studying. And if I find myself in a bind I can always hot spot from my phone. If you are on the go constantly, plan ahead a little bit and download what you need ahead of time or use the VPN to stay secure.

Conclusion

All in all, “to iPad or not to iPad” is an individual decision. Factors to consider include your personal study habits (you might not have nailed down yet), tech comfort level, money, law school support and connectivity, and practicality. You know where I stand, and things have worked out great for me.

Sent from my iPad

 

 

By: Merrin Overbeck

One of the most pressing political issues of the last several years has been gun control. It has been the focus of news coverage and national conversation due to the increased prevalence of mass shootings in the United States of America within the last several years. As of August 5, 2019, at least sixty-two people were killed in the United States in mass shootings, just in 2019 alone.[1] According to federal statute, a mass shooting is defined as three or more killings in a single incident at a public place.[2] However, what if a smartphone could reduce the deadly impact that these incidents have?

During and following these mass shootings, there is an influx of people trying to communicate over the telephone, social media, and other communication networks. According to the Washington Post, “anxiety after shootings can feed shocking -but unverified- social media reports, creating a frenzied information ecosystem that could itself be a threat to public safety.”[3] With all of these calls, texts, and social media posts resulting from both actual active shooter situations and even just suspected situations, there is an increased need for the creation of a means of wading through this sea of information, both to help average citizens and first responders in these situations.[4]

In order to address this issue, companies have become involved by creating a way to sift through all of this information, find the reliable information, and present it in a format that is helpful for both average citizens and public safety officers. One of such companies is Patrocinium Systems, Incorporated. While this company was created in 2013, it has only recently been applied to mass shooting situations.[5]

The creator of this company, John South, comes from a background of more than twenty-five years of managerial experience in security and large-scale business operations, as well as having served in both the United States military and in law enforcement. In an interview with Newsweek Magazine, South stated that his goal in creating this company was to increase access to “real-time awareness of emergency data, as well as . . . the ability to respond to people faster with more accurate information to save more lives.”[6]

According to the Patrocinium’s website, its “Platform-as-a-Service (PaaS) solution enables organizations to monitor risks and respond to incidents from a single interface. Whether accounting for and communicating with tens of thousands of people inside a building or ensuring the safety of a hundred employees traveling abroad, Patrocinium provides the solution.”[7] This platform, in the form of a smartphone application named ArcAngel, provides information, such as a user’s location in an emergency situation, instantaneously to first responders.[8]

ArcAngel is available in two different versions, the basic version costing $4.99 a month, and the premium version costing $19.99 a month.[9] ArcAngel’s basic version alerts users of extreme weather, shootings, explosions, or other public safety incidents.[10] Premium version users have access to all of the basic version’s functions, with the additional ability to call the Patrocinium’s staff, which consists of individuals with military or “other tactical experience,”[11] if a user requires assistance that does not rise to the level of needing to contact emergency services.[12] ArcAngel uses a smartphone’s geosensors to locate users, then prompts the user to indicate whether they are safe or unsafe in a particular situation.[13] Because this phone application uses Bluetooth technology, the application is capable of indicating a user’s precise location to assist with rescue efforts.[14] If the user indicates that they are not safe, then the application can provide directions to safety, or immediately convey the user’s location to the individual’s family and to local law enforcement officers.[15]

This application could have major implications for law enforcement officers because this application not only assists in rescue efforts, but it also could also potentially be used in law enforcement agencies’ investigations, and even the government’s prosecution, of individuals suspected of committing a mass shooting. While ArcAngel is not currently being used by law enforcement agencies for this purpose, it is not hard to imagine a situation where this application could gather evidence, such as a potential suspect’s presence at the mass shooting scene, that might be helpful for the prosecution of a suspected mass shooter. This potential use draws into question ArcAngel’s and Patrocinium Systems’ relationship with law enforcement, and whether law enforcement agencies could come to rely on information provided by this application for more than just ensuring public safety, and what implications it has for the prosecution and defense of these crimes.

 

[1] See Alejandro De La Garza, 62 People Have Been Killed in Mass Shootings in 2019 Alone, Time Mag., (Aug. 5, 2019, 12:51 PM), https://time.com/5643553/2019-mass-shootings-list/.

[2] See Investigative Assistance for Violent Crimes Act of 2012, Pub. L. No. 112-265, H.R. 2076, 112th Cong. (2013).

[3] Reis Thebault and Deanna Paul, Panic in Times Square, chaos at another Walmart: Anxiety is through the roof. So are false alarms, Wash. Post (Aug. 7, 2019), https://www.washingtonpost.com/nation/2019/08/07/after-consecutive-mass-shootings-anxiety-is-through-roof-so-are-false-alarms/

[4] Id. (explaining that the Center for Mass Violence Response Studies has found that first responders have an increased workload during these times).

[5] See About Patrocinium,  https://www.patrocinium.com/about/

[6] Peter Roff, Technology, not more gun control, is the key to stopping random attacks, Newsweek, (Aug. 26, 2019, 11:49 AM), https://www.newsweek.com/technology-not-more-gun-control-key-stopping-random-attacks-opinion-1456135

[7] Patrocinium Platform, Patrocinium,  https://www.patrocinium.com/

[8] Id.

[9] See Reena Singh, Reston: ArcAngel, new security app, launches, The Connection, (Nov. 26, 2014),

http://www.connectionnewspapers.com/news/2014/nov/26/reston-arcangel-new-security-app-launches/

[10] See Steven Overly, Federal contractor turned entrepreneur creates public safety app for smartphones, Wash. Post (Nov. 30, 2014), https://www.washingtonpost.com/business/capitalbusiness/federal-contractor-turned-entrepreneur-creates-public-safety-app-for-smartphones/2014/11/25/19e69e3c-70e7-11e4-ad12-3734c461eab6_story.html.

[11] Id.

[12] Id.

[13] Id.

[14] See Reena Singh, Reston: ArcAngel, new security app, launches, The Connection, (Nov. 26, 2014),

http://www.connectionnewspapers.com/news/2014/nov/26/reston-arcangel-new-security-app-launches/

[15] Id.

By: Zaq Lacy

 

[1]        In 2015, a pair of security researchers (read that as ‘hackers’), Chris Valasek and Charlie Miller, conducted an experiment in which they remotely ‘hijacked’ an internet-connected SUV driven by a volunteer.[1] Valasek and Miller gained complete control of the vehicle’s transmission, radio, air conditioning, braking functions, and windshield wipers sprayers, as well as being able to track the vehicle’s exact location.[2] In previous experiments, they also were able to mess with braking functions, horn, seat belt, and steering.[3] However, in these earlier trials, they were directly wired into the vehicle’s onboard diagnostic interface.[4] That was already particularly eerie, but what made the 2015 trial particularly disconcerting was their ability to do it remotely.[5] They were not the first to do so; in 2011, other researchers were able to use cellular connection to locate vehicles via GPS, turn on the lights, and start the car by simply sending files via a telephone call.[6] Valasek and Miller were, however, the first to achieve nearly unlimited control over a vast majority of the systems that modern cars rely upon to function and keep the driver and passengers safe – all from the comfort of their couch.[7] It was this experiment that resulted in 1.4 million vehicles being recalled[8] and was the impetus for legislation regarding digital security standards.[9]

[2]       Scholars estimate that current luxury vehicles have up to seventy Engine Control Units (ECUs), as well as computer control systems that regulate a surprising number of functions we simply take for granted.[10] These are all integrated into the Controller Area Network (CAN), which presents hackers with a potential entry point, granting the hacker access to every system in the vehicle, from the air conditioning and the radio to the air bags and mechanical functions of the engine itself.[11] Fortunately, less than a handful malicious hacking attack are known to have occurred to date, one of which was a disgruntled dealership employee who activated the vehicle immobilization feature in around 100 vehicles, effectively disabling them all.[12] Despite that, deep concerns are being raised about cybersecurity with newer internet-connected cars, particularly where it concerns automated ‘smart’ cars.[13]

[3]       There are certainly varying levels of vehicle autonomy in the market, from features like Lane Keep and Auto Brake that still require a driver, to fully automated self-driving cars.[14] Currently, the main focus of the development of such ‘smart’ cars is ride sharing services, such as Waymo, Uber, and Cruise, rather than the private ownership market.[15] Seeking to appeal to these markets, manufacturers have integrated newer vehicles with heightened multi-layered security that is intended to make remote access more difficult.[16] Even so, this past April, a hacker known as L&M was still able to hack around 27,000 accounts of commercial fleets in India and the Philippines and shut down the engines of vehicles moving less than 12 miles per hour.[17]

[4]       This raises the particularly pointed issue of liability when it concerns driverless vehicles that are hacked when an injury occurs. Traditionally, accident liability falls upon the driver,[18] and it is generally understood that criminal and civil liability arises when a hacker takes control of a vehicle that ultimately injures someone.[19] But, what about when there is no driver and the hacker cannot be located? The question, then, is whether liability should fall to the car manufacturer on the basis of product liability for failing to adequately protect against the possibility of remote tampering, to the software developer similarly for failing to provide sufficient cybersecurity, or to the insurance of the owner/company whose vehicle was hacked.[20] Unfortunately, as fully autonomous cars have not yet gained a significant foothold in the U.S. (rollouts are not expected until 2020),[21] there has not yet been cause to explore the issue, and, to date, we are left with little guidance. With the current framework, however, it seems likely that if/when the first cases arise, a new area of law will need to develop rapidly in order to keep up.

[1] See Andy Greenberg, Hackers Remotely Kill a Jeep on the Highway — With Me in It, Wired.com (Jul. 21, 2015, 6:00 AM), https://www.wired.com/2015/07/hackers-remotely-kill-jeep-highway/ [https://perma.cc/2VLH-73W3].

[2] See id.

[3] See id.

[4] See id.

[5] See id.

[6] See Scott L. Wenzel, Not Even Remotely Liable: Smart Car Hacking Liability, Ill. J.L. Tech. & Pol’y, no. 1, 2017, at 49, 55.

[7] See id. at 54.

[8] See Who Is Liable When Your Car Gets Hacked?, Botto Gilbert Lancaster Att’y at Law: Car Accidents Blog (Oct. 20, 2015)[hereinafter Botto], https://www.bgsllaw.com/mchenry-county-lawyers/your-car-gets-hacked [https://perma.cc/9AG2-2W26].

[9] S. 680, 115th Cong. (2017).

[10] See Wenzel, supra note 5, at 52.

[11] See id. at 53.

[12] See Kevin Poulsen, Hacker Disables More than 100 Cars Remotely, Wired.com (Mar. 17, 2010, 1:52 PM), https://www.wired.com/2010/03/hacker-bricks-cars/ [https://perma.cc/6L8X-JBMD].

[13] See Fredrick Kunkle, Auto Industry Says Cybersecurity Is a Significant Concern as Cars Become More Automated, The Washington Post (Apr. 30, 2019), https://www.washingtonpost.com/transportation/2019/04/30/auto-industry-says-cybersecurity-is-significant-concern-cars-become-more-automated/?noredirect=on&utm_term=.3f2b1d5ca04a [https://perma.cc/XD6Y-Q5BL].

[14] See Lindsey O’Donnell, Chris Valasek and Charlie Miller: How to Secure Autonomous Vehicles, ThreatPost.com (Aug. 10, 2018), https://threatpost.com/chris-valasek-and-charlie-miller-how-to-secure-autonomous-vehicles/134937/ [https://perma.cc/HF6H-B4U9].

[15] See id.

[16] See  Kunkle, supra note 13.

[17] See id.

[18] See Christopher Coble, If Your Car Gets Hacked, Are You Liable for a Crash?, FindLaw.com (Aug. 24, 2015), https://blogs.findlaw.com/injured/2015/08/if-your-car-gets-hacked-are-you-liable-for-a-crash.html [https://perma.cc/DJ9C-STWU].

[19] See Bradley Thayer, Car Hacking Legislation and Product Liability, Wash. Or. Law. (Sept. 24, 2015), https://www.washingtonoregonlawyers.com/news/car-hacking-legislation [https://perma.cc/Z6XE-5W5M]

[20] Gilbert Shar, Safety, Liability & Hacking of Self-Driving Connected Cars Are Big Worries for Americans, AutoConnectedCar.com (Oct. 3, 2017), http://www.autoconnectedcar.com/2017/10/safety-liability-hacking-of-self-driving-connected-cars-are-big-worries-for-americans/ [https://perma.cc/E7QG-KJ4M].

[21] Wayne Cohen & Nicole Schneider, Self-Driving Cars and Liability, HG.Org, https://www.hg.org/legal-articles/self-driving-cars-and-liability-39591 [https://perma.cc/3TH3-QRSP] (last visited May 8, 2019).

By Cam Kollar

In 2018, there were 6,515 reported breaches exposing approximately 5 billion records.[1] It seems like every other day the news is informing us that there has been another data breach. Because the same words are used over and over again, it makes it hard for any records breach to stand out in the average person’s mind. Is it bad? Yes. Do we think of ourselves actually harmed by each of those breaches? Probably not. Should that be our stance? Definitely not.

I suspect that most people when not facing a direct harm from a specified data breach has become desensitized to the impact on individual persons. Apparently, I’m not the only one with this thought in mind. This past February, Daniel J. Lohrmann wrote a blog post analyzing reports about reported data breaches in 2018.[2] He believes, in his expert opinion, that we have become numb to data breaches, and that the reports and headlines are getting less and less meaningful attention from the public.[3] So, who is Daniel J. Lohrmann, and why should it matter what he thinks? Daniel J. Lohrmann is an internationally recognized cybersecurity leader, technologist, keynote speaker, and author.[4] More telling of why he is an internationally recognized expert is the breadth of his experience. He has over 30 years of experience in the computer industry, working at federal, state, and local government agencies, defense contractors, public and private sectors, Fortune 500 companies, small businesses, and nonprofit institutions.[5] This expert has the experience to analyze the data breach reports from a wide variety of perspectives, and because of all this, I do not take his perspective lightly.

These breaches have the ability to affect most of us, in significant ways- such as identity theft and/or identity fraud. In 2016, 31.7% of breach victims later experienced identity fraud.[6] According to TrueIdentity[7], identity theft is the criminal act of stealing personal, private, or financial information with the intent to use that information to assume another person’s identity.[8] On the other hand, identity fraud is the use of the stolen information listed in identity theft, above.[9] In 2018, it is estimated that 65% of data breach incidents involved identity theft.[10]

Because data breaches are a significant problem, all 50 states along with Washington D.C., Puerto Rico, Guam, and the Virgin Islands, all have legislation that requires disclosure of security breaches.[11] The statutes define what constitutes a breach, what meets the definition of personal information, as well as who, how, and by when persons need to be notified of the breach. There are a number of different pieces of information that would qualify as personal information beyond what people consider the most sensitive (ie the most sensitive-social security number, bank account numbers, passport numbers). For instance, in Delaware, personal information is defined as a resident’s first name or first initial and last name when combined with another data elements that relates to that individual such as…a username or email address, in combination with a password or security question and answer that would permit access to an online account.[12] Substitute notice is allowed, when there is insufficient contact information to provide notice, consists of all of the following: electronic notice if email addresses are known, conspicuous posting of the notice on a website page if the breached entity maintains one or more website pages, and notice to major statewide media, including newspapers, radio, and television and the publication on the major social media platforms of the entity providing notice.[13]

On Thursday, April 19, 2019 Americans waited impatiently for the heavily redacted Mueller report to be released. The Mueller report was the primary focus of everyone’s attention in the highly anticipated release of the report that was two years in the making.[14] Where everyone’s attention was not, was on a notification by Facebook that millions of Instagram users’ passwords were compromised in a data security lapse.[15] More specifically, on a one lined update in the middle of blog post reporting a data breach back in March.[16] On March 21, 2019, Facebook had made the announcement that during a routine security review in January, it was discovered that user passwords were being stored in a readable format within internal data storage systems.[17] On Mueller day, Facebook provided notice that in this same breach (that had already affected “hundreds of millions” Facebook lite users and “tens of millions of other Facebook users”) that “millions” of Instagram users were now also affected by the security lapse.[18]

Was this sufficient notice? The update was neither conspicuous, nor was it widely reported to statewide media. After reading about this update I can’t help but go back and think about information contained in Daniel J. Lohrmann’s blog. 65% of data breaches involved identity theft[19] and social media incidents account for over 76% of records breached.[20] How much risk are we undertaking by using social media?

 

[1]Dan Lohrmann, Data Breaches: What do the Numbers Mean?, Lohrmann on Cybersecurity & Infrastructure(Feb. 17, 2019), https://www.govtech.com/blogs/lohrmann-on-cybersecurity/data-breaches-what-do-the-numbers-mean.html.

[2]Id.

[3]Id.

[4]Dan Lohrmann, Chief Security Officer & Chief Strategist at Security Mentor Inc., Government Technology, https://www.govtech.com/authors/MT-Author-GT-Dan-Lohrmann.html (last visited Apr. 22, 2019).

[5]Id.

[6]See Matt Tatham, Research: Identity Theft Statistics, Experian(Mar. 7, 2019), https://www.experian.com/blogs/ask-experian/identity-theft-statistics/.

[7]A subsidiary of TransUnion.

[8]See Identity Theft vs. Identity Fraud: What’s the Difference?, TrueIdentity, https://www.trueidentity.com/identity-theft-resource/identity-theft-vs-identity-fraud (last visited Apr. 22, 2019).

[9]See id.

[10]See Lohrmann, supra note 1.

[11]SeeSecurity Breach Notification Laws, NCSL (Sept. 29, 2018), http://www.ncsl.org/research/telecommunications-and-information-technology/security-breach-notification-laws.aspx.

[12]See Del. Code Ann. tit. 6, § 12B-101 (7) (2018).

[13]See Del. Code Ann. tit. 6, § 12B-101 (5)(d) (2018).

[14]E.g. Mike Levine, The Russia probe: a Timeline from Moscow to Mueller, ABC, (Apr. 17, 2019, 5:02 PM ET), https://abcnews.go.com/Politics/russia-probe-timeline-moscow-mueller/story?id=57427441.

[15]See Ethan Baron, Facebook, on Mueller Day, Drops Bad Instagram News in a Month-Old Blog Post, The Denver Post(Apr. 19, 2019, 8:11 am), https://www.denverpost.com/2019/04/19/instagram-passwords-compromised-facebook/.

[16]E.g. Pedro Canahuati, Keeping Passwords Secure, Facebook Newsroom(Mar. 21, 2019), https://newsroom.fb.com/news/2019/03/keeping-passwords-secure/; Dunja Djudjic, Facebook Confirms That a Recent Password Leak Affected Millions of Instagram Users, DIY Photography(Apr. 21, 2019), https://www.diyphotography.net/facebook-confirms-that-a-recent-password-leak-affected-millions-of-instagram-users/.

[17]See Pedro Canahuati, Keeping Passwords Secure, Facebook Newsroom(Mar. 21, 2019), https://newsroom.fb.com/news/2019/03/keeping-passwords-secure/.

[18]See e.g.Dunja Djudjic, Facebook Confirms That a Recent Password Leak Affected Millions of Instagram Users, DIY Photography(Apr. 21, 2019), https://www.diyphotography.net/facebook-confirms-that-a-recent-password-leak-affected-millions-of-instagram-users/.

[19]See Lohrmann, supra note 10.

[20]See id.

Image Source: https://www.theinquirer.net/inquirer/feature/2320371/2013-was-a-very-hacked-year

By: Jonathan Walter

Political speech and social media go hand in hand. Your uncle might post his opinions on Facebook or a friend from college might tweet about the latest Supreme Court ruling. The President is constantly tweeting, and many government agencies now have Facebook pages.

Despite the prevalence of political discussions taking place on social media, the number of cases the Supreme Court has heard related to social media are few and far between, and the subject matter of these cases has been even more limited. However, this is beginning to change. Although very little has been litigated in regard to political speech on social media, a number of important cases have started to make their way through the lower courts.

One major ruling came out of the U.S. District Court for the Southern District of New York, which ruled that President Trump could not “block” a person from his Twitter account in part because certain portions of the President’s account could be considered a designated public forum.[1] In reaching this conclusion, the court found that the President’s tweets could not be considered a traditional public forum because of a lack of “historical practice of the interactive space of a tweet being used for public speech and debate since time immemorial, for there is simply no extended historical practice as to the medium of Twitter.”[2]

On March 26th, the case was argued on appeal in the U.S. Court of Appeals for the 2nd Circuit, and it seems like once again, the argument that President Trump’s actions violated the First Amendment will win the day.[3] During the trial, one judge took note of the 4th Circuit holding that politicians cannot ban critics from social media pages used for official purposes, while another judge stated that she believed the President’s once private Twitter account had become a “‘robust’ forum for national debate.”[4]

In the case out of the 4th Circuit, Davison v. Randall, the Court neglected to make a determination about whether or not the Facebook page in question constituted a traditional public forum or designated public forum.[5] However, Davison does answer another important question. The court in this case addresses the paradox of having a public forum exist within a privately-owned website by drawing an analogy between the Chair of the Loudon County Board of Supervisors’ Facebook page and a privately-operated public access television channel.[6]

These rulings are significant not only because of the implications they could have for how elected officials can interact with the general public on social media, but also the impact they may have on other First Amendment cases going forward. The idea that President Trump’s once personal, private Twitter account has become a “robust” forum for national debate is an interesting one because many other social media pages take on similar characteristics. What about the Facebook pages of government agencies like the Environmental Protection Agency or National Parks Services? These pages have never been private, so they would probably be considered designated public fora as well. How about an ad placed by a political campaign? These posts are not government run but are under some degree of government control. It has taken a while for the law to catch up to the technology, but now that it is, some major changes are to be expected.

 

[1]See Knight First Amendment Inst. at Columbia Univ. v. Trump, 302 F. Supp.3d 541 (S.D.N.Y. 2018).

[2]Id. at 574.

[3]See Pete Brush, Trump Bid to Block Twitter Critics Looks DOA in 2nd Cir, Law360(Mar. 26, 2019), https://www.law360.com/cybersecurity-privacy/articles/1142939/trump-bid-to-block-twitter-critics-looks-doa-in-2nd-circ-.

[4]Id.

[5]SeeDavison v. Randall, 912 F.3d 666, 687 (4th Cir. 2019).

[6]See id. at 684.

Image Source: https://media2.fdncms.com/stranger/imager/u/original/26096926/1524686855-kanye_trump.png

By: Tevin Bowens

Boeing is the world’s largest aerospace company that leads in the manufacture of commercial airplanes.[1] With its corporate offices in Chicago,[2] Boeing is America’s biggest manufacturing exporter.[3] Originally called Pacific Aero Products Company, the Boeing Company was founded by William Edward Boeing on July 15th, 1916.[4] Back then, the company’s focus was developing an aircraft for both military and mail delivery purposes.

Today, Boeing’s fleet contains defense, commercial, and space security aircraft.[5] When it comes to commercial airplanes, Boeing has been one of the premier manufacturers of commercial jetliners.[6] Boeing currently manufactures nine different families of jetliners making up more than ten-thousand Boeing-built commercial jetliners.[7] Of these nine families of jetliners, one in particular has recently landed Boeing in a bit of hot water.

Boeing’s 737 Max series was created in response to Airbus’ new A320neo series.[8] The 737 is Boeing’s only narrow body airline in production.[9] While there are many variations to the 737 (-700, -800, -900er, and the Max), they are all essentially the same plane from a pilot’s standpoint—a pilot taught how to fly one can fly them all.[10] With a hefty average price tag of $92.2-124.7 million and 3,900 orders since 2016, the 737 Max is Boeing’s fastest-selling aircraft.[11] The very first 737 Max 8 aircraft was delivered May 6, 2017 to Malindo Air.[12]

In the last year, less than five months apart, Boeing’s 737 Max was involved in two fatal plane crashes killing all crew and passengers onboard. The first of the two accidents involved Lion Air Flight 610, which took off from Indonesia on October 29, 2018 and crashed in the Java Sea only twelve minutes later. The second accident involved Ethiopian Airlines Flight 302, which took off from Ethiopia and crashed near the town of Bishoftu around six minutes after takeoff. After reviewing crash data it has been determined that the cause of both incidents might have been the same issue.

So what exactly caused both of these planes to crash so shortly after taking off? The answer is the 737 Max’s Maneuvering Characteristics Augmentation System or M.C.A.S. for short.[13] This system is an anti-stall measure. An aircraft stalls when its angle of attack (front of the plane) is too high causing the plane to lose lift.[14] When a plane loses too much lift it will fall out of the sky. Even though this system was the cause of both crashes, it was not malfunctioning. The issue in both crashes was that one of the angle of attack sensors located on the front of the plane gave an incorrect reading.[15] The sensor was detecting that the plane’s nose was too high even though it was not.[16] This reading triggered the rear M.C.A.S. forcing the plane’s nose down.[17] The pilots in both instances unknowingly fought against this system and tried to manually pull the nose of the plane up, but the M.C.A.S. is programmed to override manual inputs at ten second intervals. This led to the commercial airliners going up and down until they eventually crashed.

Looking to the future, these crashes will result in lawsuits. Each of these lawsuits will likely come from three different groups of individuals: employees of Boeing, commercial airline companies, and the families of those who lost their lives. The first of the three types of lawsuits Boeing will face will be in the form of loss of 401k benefits—these suits will come from employees of Boeing. Claimants claim that insiders knew of problems with the 737 Max series, but failed to take action which resulted in major losses to retirement savings in the form of $65 drop in stock price following the crash.[18] The second type of lawsuit will come in the form lost revenue lawsuits from commercial airliners. This is because after the second crash many countries including the U.S. decided to ground the aircraft nationwide. With fifty to seventy-five aircraft delivered in 2017 and more than five hundred delivered in 2018, many airline companies will be forced to switch aircrafts, change routes, or cancel fares altogether. These companies likely will pass this cost onto Boeing in the form of lawsuits.[19] The final type of lawsuit likely will come in the form of negligence suits from the families. The families of the victim likely will argue that Boeing was on notice after the initial crash, but did nothing to fix the harm.[20]

As of March 12, 2019, Boeing remained adamant the Max series was safe,[21] but after parts of the reports from the second crash were published Boeing announced it would take any and all needed safety measures regarding the 737 Max.[22]

[1] Boeing, https://www.boeing.com/company/ (last visited April 1, 2019).

[2] Boeing, http://www.boeing.com/company/general-info/ (last visited April 1, 2019).

[3] Boeing, https://www.boeing.com/company/ (last visited April 1, 2019).

[4] Aerotime Team, History of Boeing: Pioneering Aviation for 100 Years, Aerotime News Hub (July 11, 2016), https://www.aerotime.aero/aerotime.team/12736-boeing-100-years-history.

[5] Boeing, http://www.boeing.com/company/general-info/ (last visited April 1, 2019).

[6] Id.

[7] Id.

[8] Matthew Yglesias, The Emerging 737 Max Scandal, Explained, Vox March 29, 2019, https://www.vox.com/business-and-finance/2019/3/29/18281270/737-max-faa-scandal-explained.

[9] Viasat, http://blog.arconics.com/blog2/boeing-737-max-top-10-facts (last visited April 1, 2019).

[10] Matthew Yglesias, The Emerging 737 Max Scandal, Explained, Vox March 29, 2019, https://www.vox.com/business-and-finance/2019/3/29/18281270/737-max-faa-scandal-explained.

[11] Viasat, http://blog.arconics.com/blog2/boeing-737-max-top-10-facts (last visited April 1, 2019).

[12] Stephen Trimble, Boeing Delivers First 737 Max, Flight Global (May 16, 2017), https://www.flightglobal.com/news/articles/boeing-delivers-first-737-max-437289/.

[13] Jon Ostrower, What is the Boeing 737 Max Maneuvering Characteristics Augmentation System?, The Air Current (November 13, 2018), https://theaircurrent.com/aviation-safety/what-is-the-boeing-737-max-maneuvering-characteristics-augmentation-system-mcas-jt610/.

[14] Sarina Houstin, Aircraft Stall and How to Prevent It, The Balance Careers (February 5, 2019), https://www.thebalancecareers.com/what-is-an-aircraft-stall-282603.

[15] Grondahl, Mccann, Glanz, Migliozzi, and Syam, In 12 Minutes Everything Went Wrong: How the Pilots of Lion Air Flight 610 Lost Control, The New York Times (December 26, 2018), https://www.nytimes.com/interactive/2018/12/26/world/asia/lion-air-crash-12-minutes.html.

[16] Id.

[17] Id.

[18] Jacklyn Wille, Boeing Hit With 401(k) Suit Over 737 Max Crashes, Stock Drop, Bloomberg Law (April 1, 2019), https://www.bloomberglaw.com/document/X2UCH9C8000000?bna_news_filter=class-action&jcsearch=BNA%252000000169d8bfd330ab7fdabf7d100000#jcite.

[19] Chris Isidore, Norwegian Air demands Boeing compensate it for grounded 737 Max planes, CNN Business (March 13, 2019), https://www.cnn.com/2019/03/13/investing/boeing-airline-compensation/index.html.

[20] Amanda Robert, Boeing’s legal troubles over airplane grounding could just be taking off, ABA Journal (March 14, 2019), http://www.abajournal.com/news/article/boeing-may-face-more-legal-woes-after-737-max-grounding.

[21] Alyssa Cerchiai, As a Senator Calls on FAA to Ground 737 MAX, Boeing Stands by the Product, The Points Guy (March 12, 2019), https://thepointsguy.com/news/boeing-stands-by-737-max/.

[22] Agence France Presse, Boeing says will take ‘any and all’ needed safety steps after Ethiopia crash, Yahoo (April 4, 2019), https://www.yahoo.com/news/boeing-says-needed-safety-steps-ethiopia-crash-171848913.html.

By: Darden Copeland

Are you thinking about purchasing a new Apple MacBook Pro with the newest Touch Bar technology? Are you in law school?  If you answered yes to both of these questions, you might want to think again about which of Apple’s machines you want to purchase, depending on your jurisdiction.

Many state bar associations have decided to ban or restrict the use of Apple’s latest and greatest MacBook Pro equipped with the “revolutionary” Touch Bar for fear of bar examinees using the Touch Bar to cheat.[1] Some states are banning the use of laptops with the Touch Bar altogether, while some other states are merely requiring that the feature be turned off during testing.[2]

In October of 2017, Apple unveiled its newest generation of the MacBook Pro notebook computer with multiple options available, including several options with the new Touch Bar.[3]  Located just above the number keys where the traditional function buttons (F1,F2,F3…) would normally be located, the Touch Bar is a 2170 by 60 pixel OLED display touch screen with Retina resolution, optimized for users’ viewing at a 45 degree angle.[4]  The Touch Bar replaces the standard function keys with an with various shortcuts and functions depending on which app is being used on the MacBook Pro.[5]  For example, when using a word processor such as Microsoft Word is being used, the bold, italic, and underline functions to name a few, show up on the Touch Bar, but when browsing the web on Safari, the Touch Bar allows the user to simply touch or swipe to navigate between open tabs.  When typing in most apps, the Touch Bar uses the same wordsmithing technology that the iPhone Messages app uses to guess the words the user is trying to say based upon keyboard input for faster typing.

So why are states banning this ironically named technology for bar examinees?  Examsoft, one of the testing software programs used to administer the bar exam in some states provided that, “by default, the Touch Bar will show predictive text depending on what the student is typing, compromising exam integrity.”[6]  This concern is rooted within the fact that predictive text relevant to the words being typed on the test could be added ahead of examinees’ test date simply by way of the Touch Bar’s software picking up on frequently typed words during studying, or by savvy examinees finding other ways to tamper with the software to input helpful terms.[7]  Some states have offered less explanation when banning MacBook computers with Touch Bars. For example, Colorado banned them citing that the feature is not compatible with the security features of the exam software.[8]

It’s not all bad news for those of you who opted for the high-end Touch Bar option on your new MacBook Pro.  According to Computer Services Coordinator Kim Edwards from the University of Richmond School of Law: in Virginia, the Exam4 software that is used to administer the bar exam initially banned all laptops with the Touch Bar technology for the February 2018 test because the Touch Bar was released after the exam software was written, so Exam4 didn’t have a chance to vet the new hardware and adjust its software effectively.  Now that Exam4 has been able to write software that comports with the Touch Bar, allowing it to be disabled, test takers are able to use their MacBooks with Touch Bars on the Virginia bar exam, after it is temporarily disabled by the Exam4 software.[9]  North Carolina will also allow Mac users with the Touch Bar to use their computers during the bar exam, provided that the feature is disabled.[10]  It is likely that those states that have banned the Touch Bar computers will follow suit and use software that is compatible with it in the coming years.

 

[1]See Don Reisinger, Apple’s Touch Bar-Enabled Macbook Pro Is Barred from Bar Exams, Fortune(Jan. 31, 2017), http://fortune.com/2017/01/31/apple-macbook-pro-bar-exam/; see also Andrew Dalton, Macbook pro Touch Bar Banned from Multiple State Bar Exams, Engadget(Jan. 30, 2017) https://www.engadget.com/2017/01/30/macbook-pro-touch-bar-banned-from-multiple-state-bar-exams/.

[2]See Kelly 846, Feb Bar Exam: No Macbook Pro with Touch Bar Function, Bar Exam Wizard  (Jan. 28, 2017)  https://barexamwizard.wordpress.com/2017/01/28/feb-bar-exam-no-macbook-pro-with-touch-bar-function/.

[3]See Don Reisinger, Apple’s Touch Bar-Enabled Macbook Pro Is Barred from Bar Exams, Fortune(Jan. 31, 2017), http://fortune.com/2017/01/31/apple-macbook-pro-bar-exam/.

[4]See Daniel Eran Dilger, Everything You Need to Know About Apple’s Touch Bar and Touch ID for Macbook Pro, Appleinsider (Nov. 15, 2016) https://appleinsider.com/articles/16/11/15/everything-you-need-to-know-about-apples-touch-bar-and-touch-id-for-macbook-pro;see also Carl Straumsheim, Touch Bar Barred From N.C. Bar Exam, Inside Higher Ed (Jan. 31, 2017) https://www.insidehighered.com/quicktakes/2017/01/31/touch-bar-barred-nc-bar-exam.

[5]See Don Reisinger, Apple’s Touch Bar-Enabled Macbook Pro Is Barred from Bar Exams, Fortune(Jan. 31, 2017), http://fortune.com/2017/01/31/apple-macbook-pro-bar-exam/.

[6]See Brian Heater, Touch Bar Macbook Pros Are Being Banned from Bar Exams Over Predictive Text, Tech Crunch (March, 2017) https://techcrunch.com/2017/01/31/no-bar-touch-bar/.

[7]See Natt Garun, Macbook Touch Bar Barred from Bar Test Takers This February, The Verge (Jan. 30, 2017) https://www.theverge.com/2017/1/30/14445638/macbook-touch-bar-disabled-law-exam.

[8]See Id.

[9]Interview with Kim Edwards, Computer Services Coordinator, University of Richmond School of Law, (Mar. 25, 2019).

[10]See Joe Patrice, Multiple Bar Exams Taking Away Computers, Above The Law (Jan. 31, 2017) https://abovethelaw.com/2017/01/multiple-bar-exams-taking-away-computers/.

Image Source: https://furrygoat.com/be-a-geek-again-80f00f89bd57