Richmond Journal of Law and Technology

The first exclusively online law review.

The Tension Between Safeguarding National Security and the Drive to Develop Quantum Technology

The Tension Between Safeguarding National Security and the Drive to Develop Quantum Technology

By: Sarah Reutti

In 2018, President Trump signed into effect the Export Control Reform Act of 2018 (ECRA) as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.[1] This Act put into place the statutory foundation for the U.S. government to regulate emerging technologies.[2] Among these identified technologies was quantum computing.[3]

ECRA authority allows the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) to enact strict licensing rules worldwide to keep sensitive quantum hardware out of the hands of our political adversaries.[4] However, many of these exporting limitations have negative implications on the scientific collaboration, mergers, acquisitions, and investments needed by the United States to develop the technology.[5] As it currently stands, the United States relies heavily on foreign expertise in quantum development due to the international nature of research in the field alongside a global shortage of quantum computing experts.[6] Even this limited foreign expertise is hard to come by as visa challenges complicate talent acquisition.[7]

Caught in a Copyright Timebomb: “Friday the 13th: The Game”

Caught in a Copyright Timebomb: “Friday the 13th: The Game”

By: Ian Lipka

On May 26th, 2017, Friday the 13th: The Game released on both PC and console platforms. Players young and old ventured into the hazy horror that was Camp Crystal Lake, the infamous fictional summer camp from the 1980 film Friday the 13th. Brandishing the horrific terror of Jason Voorhees, players hunted one another through cabins and trees in thrilling fashion. But to the dismay of many avid partakers, the game would not receive any content updates after September of 2018. That same month, a federal district court would declare that Victor Miller, the screenplay writer of the original film, had accumulated a termination of rights claim as the original author of the work under the Copyright Act of 1976.[1] The court ruled that Victor Miller was not a “work for hire” when he wrote the screenplay for Friday the 13th and therefore was permitted to terminate his delegation of copyrights under 17 U.S.C. § 203.[2]

Should Fitness Tracker Data be Protected under HIPAA?

Should Fitness Tracker Data be Protected under HIPAA?

By: Evan Backer

Smart watches and fitness trackers, such as Apple watches and Fitbits, have grown immensely popular over the last decade.[1] For many, a smart watch is as much a part of their lifestyle as their smart phone. These devices make staying connected easier than ever.

However, one major feature of smart watches and fitness trackers is their ability to track health-related data such as heart rate, calories burned, GPS, and steps travelled with shocking accuracy. Smart phones can then send this data to laptops and tablets to build a health ‘profile’ for the user, giving them a complete picture of their personal health.[2] While the collection of this data can be helpful for the user, it can also be useful to companies as a way to track the behavior of their users.

Digital Therapeutics: When Apps Become Medicine

Digital Therapeutics: When Apps Become Medicine

By: Rachel Slaughter-Thury

Digital therapeutics have moved from novelty toward clinical practice. Unlike ordinary wellness apps, these programs deliver software-based interventions intended to manage or treat disease.[1] The U.S. Food and Drug Administration (“FDA”) recognizes that software functions can qualify as medical devices regardless of the platform on which they run.[2] Its De Novo database includes reSET for substance-use disorder and EndeavorRx for attention-deficit/hyperactivity disorder.[3] These products highlight the legal dilemma: an app can resemble a game while functioning as regulated treatment.[4]

Zoning Categorizations with the Rapid Expansion of Data Centers

Zoning Categorizations with the Rapid Expansion of Data Centers

By: Jack Brestel

Over the past couple of years, many municipalities have grappled with the possibilities surrounding data centers that have risen due to the rapid transformation of technological operations. Among the many considerations a data center must make when determining a build location, land acquisition and zoning are at the top of the list as well as being the most controversial issues with the public.[1] With the growing need for large companies to house their data, cloud farms, and artificial intelligence outside of the main office—mainly to accommodate vast amounts of information—building data centers has been the main solution, especially in areas where noise concerns, energy consumption, and building height regulations are favorable.[2] Further, companies often run into issues with excessive water or energy consumption and have to solve them with the municipalities themselves.[3] With local law attempting to keep up with the expansion of these centers, zoning issues commonly arise.

Local Zoning and Environmental Protections: Local Communities Best Defense Against Data Centers

Local Zoning and Environmental Protections: Local Communities Best Defense Against Data Centers

By: Michael Bartz

With the mass proliferation and investment in artificial intelligence, data centers are being built to keep up with ever-increasing resource requirements. The AI market is growing at roughly 40% per year and is expected to be a $1 trillion industry in 2032.[1] By 2030, global investment in data centers will amount to roughly $7 trillion, with more than 40% of the total investment being in the United States.[2] However, development of data centers across the United States is not geographically uniform. Roughly 60% of domestic data centers are in just ten states, with Virginia, Texas, and California being the most concentrated.[3] Large data centers are often built in rural communities where they can receive substantial tax breaks.[4]

Is Code Protected Speech?: 3D-Printed Firearm Files and the First Amendment

Is Code Protected Speech?: 3D-Printed Firearm Files and the First Amendment

By: Dan von Sohsten

Modern 3D printing technology has quietly upended one of the foundational assumptions behind American gun regulation, that manufacturing a firearm requires specialized tools, materials, and expertise. Today, anyone with a consumer-grade 3D printer and an internet connection can download a computer-aided design (“CAD”) file, feed it into a 3D printer or CNC machine, and produce a fully functional firearm in a matter of hours. These weapons have no serial numbers and are completely untraceable by law enforcement. Gun control advocates have labeled them “ghost guns,” and they have prompted a growing wave of state and federal regulations aimed at restricting their proliferation.[1]

Ctrl + Alt + Debate: Virginia’s Attempt to Limit Teen Screen Time

Ctrl + Alt + Debate: Virginia’s Attempt to Limit Teen Screen Time

By: Rebecca Herzog

In 2023, the U.S. Surgeon General issued an advisory about the impacts of social media on teens.[1]  While it found some benefits, it also found that “adolescents who spent more than three hours per day on social media faced double the risk of experiencing poor mental health outcomes, including symptoms of depression and anxiety.”[2]  The rapid growth of social media has changed how young people communicate, learn, and interact.  These platforms can help teens connect with friends and find supportive communities.  However, many researchers are concerned about the effects of heavy use of social media platforms on adolescent mental health.[3]  Recent debates in Virginia show the difficulty of balancing the protection of youth with constitutional rights.

From Likes to Legacy: Inheriting Social Media Accounts in the Age of Digital Assets

From Likes to Legacy: Inheriting Social Media Accounts in the Age of Digital Assets

By: Madison Daub

People spend their entire lives collecting things: memories, possessions, money. But in the last quarter of a century, people have started collecting something new: followers. Society has experienced an explosion of social media platforms and Internet usage, resulting in the line between business and personal use of social media accounts exponentially blurring. What was once a fun and simple way to interact and stay connected with friends and family has now become flooded with advertisements and people known as “influencers” – individuals who use social media to influence others to act or behave in a certain way or to purchase certain products.[1] The grip social media has on the lives of its users creates ideal marketing opportunities for brands and companies where they can partner with and pay influencers to promote products or services on their social media accounts.[2] The precise amount of money influencers can make varies, and most utilize more than one social media platform to maximize their ability to generate income.[3] Many influencers generate enough money that their only job is to manage their social media accounts.[4] As of 2024, the influencer sector is worth approximately $250 billion.[5]

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