February 21, 2020
Dear Readers,
We are proud to bring you our first issue of the Twenty-Sixth Volume of the Richmond Journal of Law and Technology.
Our first article was written by Dr. Elizabeth Kirley and Dr. Marilyn McMahon. Dr. Kirley is currently teaching at Osgoode Hall Law School, York University in Toronto and Deakin University in Melbourne, Australia where she serves as Senior Lecturer in the Faculty of Business and Law. Dr. McMahon is a Professor and Deputy Dean at the Deakin University School of Law in Melbourne, Australia. In their article, the authors explore emoji as a means of conveying human diversity through social media. This article is their third collaborative article on the law of emoji. The authors are currently working on a book project, tentatively titled “The Body of Crime: Markers of Criminal Liability.”
Our next article was written by Scott Keffer. Mr. Keffer will earn his J.D. from Texas Tech University School of Law in May 2020. His article argues that the seven-day time threshold for triggering Fourth Amendment protections announced in Carpenter v. United States should be replaced by an all-inclusive rule. He argues that CSLI data, a new type of business record, is too sensitive to allow its usage by law enforcement without satisfying the Fourth Amendment’s warrant requirement.
Our next article was authored by Richard Sterns, an attorney at Ballard Spahr, LLP in Washington, D.C. Mr. Sterns’ practice focuses on finance, real estate, housing, FHA and GSE financing, government assisted housing, real estate finance, commercial loan. Servicing, and CMBS loan origination. While earning his law degree at the Antonin Scalia Law School at George Mason University, Mr. Sterns worked as a Business Development and Marketing Coordinator at a national law firm, where he researched and developed proposals to provide legal services for affordable housing development transactions. He also served as a legal intern at the software provider Cvent, Inc., where he assisted with commercial contract negotiations, privacy and data security matters, and other technology transactions. His article explores the interaction between legal and regulatory frameworks and rapidly evolving technology. He argues that dualistic legal frameworks are the best path forward for cybersecurity policy.
Our final article was written by Dallin Robinson, a third-year student at Arizona State University’s Sandra Day O’Connor College of Law. Mr. Robinson has studied emerging technologies from both an academic and a practical perspective and will pursue a career in smart city governance after completing a clerkship on the Arizona Court of Appeals. His article responds to the inherent dangers of the Internet of Things with a proposal that does not require changes to existing regulatory schemes.
On behalf of the JOLT staff, I would like to extend our sincerest gratitude to our authors for their contributions to this issue. I would also like to thank the entire JOLT staff for their tremendous hard work and dedication.
Sincerely,
Scottie Fralin
The Murky Ethics of Emoji: Comparative Responses to the Diversity Question
By Elizabeth Kirley & Marilyn McMahon
By Scott Keffer
By Richard Q. Sterns
By Dallin Robinson