October 31, 2020


Dear Readers,

We are proud to bring you Issue One of the Twenty-Seventh Volume of the Richmond Journal of Law and Technology. It is my privilege to introduce this issue’s four unique articles on topics of law and technology.

The first article is written by Mark Marciszewski. A graduate of the University of Virginia School of Law, Mr. Marciszewski currently clerks for the Honorable Anne T. Berton, a Magistrate Judge in the U.S. District Court for the Western District of Texas. This article, Mr. Marciszewski’s third published analysis of copyright law, discusses the lack of a practical statute of limitations for online copyright infringement in the current system and offers a viable solution inspired by libel law.

The second article is written by Wayne Unger. Mr. Unger will graduate from the Sandra Day O’Connor College of Law at Arizona State University in December of 2020. Mr. Unger’s article focuses on the absence of comprehensive federal data privacy and security legislation and the states’ efforts to enact such protections. Mr. Unger argues that if a legislature decides to enact privacy legislation it must include a limited private right of action to make the legislation effective at protecting individuals rather than corporations.

The third article is written by Tabetha Soberdash, the Notes and Comments Editor for the Twenty-Seventh Volume of the Richmond Journal of Law and Technology and a member of the University of Richmond School of Law Class of 2021. Every year the Richmond Journal of Law and Technology holds an internal competition where our members author comments on emerging areas of law. After extensive deliberation, we proudly selected Ms. Soberdash’s article for publication. Ms. Soberdash discusses the rules of evidence pertaining to smart home technology and whether the information collected could be used to protect victims of domestic abuse. The rise in intimate partner violence during the COVID-19 pandemic magnifies the importance of Ms. Soberdash’s article.

The final article is written by James J. Bernstein. Mr. Bernstein is a graduate of Columbia College where he served as the managing editor of the Journal of Global Health. Mr. Bernstein currently serves as an operations analyst at Chronograph, a startup in New York. In this article, Mr. Bernstein focuses on the issue of Chevron deference and its relationship to net neutrality.

Thank you to the talented authors who contributed their work and expertise and our talented staff who worked tirelessly to publish this issue. Each Journal member worked diligently and without reservation of their time or talent to provide the best possible iteration of Issue One. Our new Editorial Board and entire staff welcome you to the inaugural issue of Volume Twenty-Seven, and we look forward to bringing you more innovative content in the near future.




Patrick Macher

Editor-in-Chief, Volume XXVII


When Will It End? Why There is no Practical Statute of Limitations for Online Copyright Infringement and Why Libel Law Can Offer the Solution

By Mark Marciszewski

Reclaiming Our Right to Privacy by Holding Tech. Companies Accountable

By Wayne Unger

Domestic Violence in the Era of the Smart Home: Using Smart Home Technology Evidence to Help Victims of Abuse

By Tabetha Soberdash

Abandon Judicial “Neutrality”: Why Chevron Deference Stifles Technological Innovation

By James Bernstein