December 29, 2021


Dear Readers,

We are proud to present you with Issue Two of the Twenty-Eighth Volume of the Richmond Journal of Law & Technology. This issue includes four articles, each discussing a novel issue at the intersection of technology & law.

Our first article is authored by Kate Kobriger, Janet Zhang, Andrew Quijano, and Joyce Guo. Kate Kobriger is Public Interest/Public Service Fellow and Richard Paul Richman Leadership Fellow at Columbia University. Ms. Kobriger will graduate with both a J.D. from the Law School and an M.P.H. from the Mailman School of Public Health in Spring 2023. Janet Zhang is a software engineer at Goldman Sachs. Andrew Quijano is a Security Testing Analyst at Sumitomo Mitsui Banking Corporation and concurrently working on his MS in cybersecurity at NYU Tandon. Joyce Guo is a first-year law student at the University of California, Berkeley, School of Law. In their article, the authors discuss the technological and legal recourse for victims of deep fake, nonconsensual pornography, and the rapid advancement of deep fake classification technology. In doing so, the authors conclude that copyright law—designed to protect intellectual property, not address sexual violence—is an inappropriate solution to deep fake NCP. This article ultimately concludes that the legislature should revise § 230 of the Communications Decency Act to provide legal recourse to victims of deep fake NCP.

Our second article is written by Chris Jones. Ms. Jones graduated with her J.D. from Gonzaga University School of Law. Ms. Jones writes her article on the iOS 14.5 update and emerging state privacy laws. Ms. Jones proposes Congress should draw from principles of the iOS 14.5 update, the European General Data Protection Regulation (GDPR), and from some features of recent state privacy laws to enact federal privacy legislation that applies to all businesses collecting consumer personal information and requires affirmative opt-in consent for data sharing and tracking.

Our third article is written by Sofya Bakradze. Ms. Bakradze graduated with her J.D. from Washington College of Law at American University, and her LL.M. in Taxation from New York University School of Law. Ms. Bakradze is currently an associate at Paul, Weiss, Rifkind, Wharton & Garrison LLP. In her article, Ms. Bakradze highlights the need for a cohesive regulatory and taxation framework for cryptocurrency and crypto-based assets and nuances that have not been addressed by the Internal Revenue Service in its treatment of cryptocurrencies. Ms. Bakradze concludes that the emerging asset class does not fit into any existing classifications and rules, and that the government may benefit from halting its taxation until it creates a new approach that would not disadvantage this new digital economy or individual taxpayers.

Our fourth article is written by Sophia Studer, who is currently a third-year law student at T.C. Williams School of Law at the University of Richmond and JOLT’s incredible Managing Editor. Ms. Studer’s article discusses how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). Ms. Studer proposes that the courts and Congress need to act to prevent further discrimination in housing advertisements online.

I would like to thank these fantastic authors for their innovative contributions to our issue. I would also like to thank the entire JOLT staff and Editorial Board. I want to give a special shout out to our new associate editors, who stepped up to help publish Issue 2, and our Articles Team, led by our Senior Articles Editor, Danielle Taylor.

On behalf of the entire JOLT staff and editorial board, we wish you and your families a happy and restful holiday season. We hope our readers enjoy these articles, and we look forward to providing more novel and fascinating articles in the New Year.





Peyton Reed

Executive Editor

Out Of Our Depth with Deep Fakes:  How The Law Fails Victims Of Deep Fake Nonconsensual Pornography   

by Kate Kobriger, Janet Zhang, Andrew Quijano, and Joyce Guo

The IOS 14.5 Update: A Game Changer In Federal Privacy Law

by  Chris Jones

To Tax or Not To Tax Or How To Tax: Tax Policy And Its Role In Cryptocurrency Adoption 

by Sofya Bakradze

How Judicial Application Of CDA § 230 and FHA § 3604 Have Created Safe Havens For Online Housing Discrimination    

by Sophia A. Studer