Dear Readers,
We are proud to bring you Issue Three of the Twenty-Fifth volume of the Richmond Journal of Law & Technology. It is my privilege to introduce this issue’s three new articles on unique topics in the field of law and technology.
Our first article was written by Julia Brooks, a recent graduate at the University of Virginia School of Law. Her article discusses the passive use and regulation of license plate readers in Virginia. Ms. Brooks reviews a recent Supreme Court of Virginia case which declared the storage of license plate reader scans unconstitutional under the 1976 Government Data Collection & Dissemination Practices Act. Brooks argues that proper regulation would minimize the potential for abuse but still preserve the investigative use of license plate readers.
Our next article was written by four authors: Robert Keeling (Partner at Sidley Austin, LLP), Nathaniel Huber-Fliflet (Senior Managing Director at Ankura Consulting Group), Dr. Jianping Zhang (Senior Managing Director at Ankura Consulting Group), and Rishi Chhatwal (Assistant Vice President and Senior Counsel for Enterprise eDiscovery at AT&T). The authors discuss document review and the use of keyword searching to identify privileged documents. They analyzed three data sets and search term lists to determine which search terms were effective in identifying privileged communications and suggest that attorneys use keyword searching and predictive modeling to identify privileged.
Our final article is written by our own Kara Powell, a second-year law student at the University of Richmond and member of our staff. Every year, JOLT holds an internal competition where our members author comments on emerging areas of law. This year, the Board selected Ms. Powell’s comment for publishing. Ms. Powell articulates various reasons current criminal and civil statutes fail to prevent cyberstalking. She proposes a novel, private right of action for victims of cyberstalking who exist outside the current statutory regime.
I would like to thank all our authors for their wonderful contributions to this Issue. I would also like to thank the entire staff of JOLT for their continued dedication and hard work in publishing these articles.
We hope our readers enjoy the articles in this Issue. We look forward to publishing our final Issue on our Symposium topic: Social ESI: Know Your Rights, Secure Your Privacy, Express Yourself in the coming months.
Sincerely,
Nicole M. Allaband
Drawing the Lines: Regulation of Automatic License Plate Readers in Virginia
By Julia M. Brooks
By Robert Keeling, Nathaniel Huber-Fliflet, Jianping Zhang & Rishi P. Chhatwal
Cyberstalking: Holding Perpetrators Accountable and Providing Relief for Victims
By Kara Powell