Tag: Journal of Law & Technology

Sweet Deal or Sweet Scam? How Honey is Allegedly Hurting Content Creators’ Commissions

By: Anneliese McInnis

About 17 million consumers have downloaded Honey, PayPal’s free browser extension that finds the “best” deals and coupons to help you save money.^[1] However, under Honey’s sweet facade lies an alleged commission-poaching scheme that has harmed content creators, influencers, and bloggers who earn revenue from online-shoppers using their affiliate links.^[2]

Many content creators earn commission through product promotion and rely on affiliate marketing to generate revenue.^[3] Affiliates earn commission by generating sales from consumers who use the affiliate’s assigned link.^[4] Affiliates get credit for referring customers through tracking technology, which most people know as cookies.^[5] “When a consumer clicks on an affiliate link, a cookie is placed in their browser. If that consumer makes a purchase, the affiliate responsible for the last-clicked link earns a commission.”^[6] This model is called “last-click attribution.”^[7]

Building a Digital Future: Is America Ready for a Federal Digital Bill of Rights?

By Joseph Noser

On March 7, 2025

In Blog Posts

Building a Digital Future: Is America Ready for a Federal Digital Bill of Rights?

By: Evan Lees

In 2014, the Supreme Court issued a landmark ruling in Riley v. California, mandating that law enforcement obtain a warrant before searching digital information and underscoring the critical need for privacy protections in the digital age.[1]

With the rise of data breaches, expansion of Big Tech companies, and continued advancement of technology designed to steal online information, Americans are now desperate for a modern legal framework to protect their rights online. A study conducted by Ipsos found that “over 80% of Americans were concerned with the safety and privacy of their online data. Another study found that over 70% of Americans support establishing national standards for how companies collect personal data and support treating data privacy for individuals as a national security threat.”[2]

A nationwide digital bill of rights could be the solution.

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

By Joseph Noser

On February 2, 2025

In Blog Posts

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

By: Nadia Farashahi

fantasy sports betting

In the past decade or two, the way people engage with sports has shifted from physical participation to digital experiences. Technology has enabled fans to incorporate both professional and amateur events in their personal entertainment.[1] Many people are acquainted with betting on game outcomes in the style of Las Vegas. Now, modern technologies have also “facilitated vicarious involvement by allowing sports fans to become ‘part of the action’ by engaging in fantasy sports.”[2] Fantasy sports leagues are contests where participants compete against one another using fictional teams. These fictional teams are “arranged in virtual leagues and are comprised of actual athletes who are deemed to ‘play’ for them.”[3] Outcomes are based on preset scoring systems linked to the statistical performance of players in actual sporting events.[4]

AI in Contract Drafting: Transforming Legal Practice

By JOLT

On October 22, 2024

In Blog Posts

AI in Contract Drafting: Transforming Legal Practice

By: Audrey Zhang Yang

Introduction

The legal profession is experiencing an unprecedented transformation driven by the integration of Artificial Intelligence (AI) into various aspects of legal practice. Among these changes, the evolution of contract drafting and management stands as a particularly significant development. As law firms and legal departments navigate the opportunities and challenges presented by evolving legal technologies, understanding how AI is reshaping contract drafting becomes crucial for legal practitioners and law school students. This paper examines the current state of AI in contract drafting, its practical applications, and its implications for the legal profession.

The EU AI Act: Pioneering Regulatory Framework for Artificial Intelligence

By JOLT

On July 23, 2024

In Blog Posts

The EU AI Act: Pioneering Regulatory Framework for Artificial Intelligence

By Audrey Zhang Yang

Introduction

On July 12, 2024, the European Union marked a significant milestone in Artificial Intelligence (AI) regulation with the official publication of Regulation 2024/1689, commonly known as the EU AI Act, in the Official Journal of the European Union.[1] This landmark legislation, comprising 180 recitals, 113 Articles and 13 annexes, establishes a comprehensive framework for the development, deployment, and use of AI systems within the EU.[2] The Act aims to safeguard fundamental rights, ensure public safety, and promote ethical, trustworthy, and human-centric AI innovation.

This work examines the key provisions of the EU AI Act, its scope of application, the risk-based classification system, and the implementation timeline. It also explores the potential impact on various stakeholders in the AI ecosystem and considers the challenges and opportunities presented by this groundbreaking regulation.

Google’s Geofencing Stance: an Ode to Apple in 2016

By JOLT

On July 15, 2024

In Blog Posts

Google’s Geofencing Stance: an Ode to Apple in 2016

By Michael Mellon

In 2016 Apple faced off with the federal government, who had obtained an order to compel Apple to create software which would allow the Federal Bureau of Investigation (“FBI”) to unlock a cellphone used by a suspected terrorist.^[1] The software was needed because Apple had recently redesigned its operating system, making it impossible for anyone to access information stored on one of their devices.^[2] The government maintained that the All Writs Act justified the compulsion because it “empower[s] judges to order that something be done, even if the legislative body (here, Congress) hasn’t officially said that it should be.”^[3] It further relied on a test established in United States v. New York Telephone Co. concerning the same.^[4] Apple was prepared to challenge this, but the issue became moot when the United States Attorney’s Office indicated it had found another means of entry into the phone.^[5] This situation may very well have been the inspiration for Google’s recent stance related to mobile devices.