May 2, 2024
Dear Readers,
We are thrilled to present to you Issue Three of the Thirtieth Volume of the Richmond Journal of Law and Technology. This third issue features three articles, each providing valuable insights and perspectives on current legal topics pertaining to the intersection of law and technology. We hope you find it informative and engaging, and we look forward to your continued support and contributions.
The first article is authored by Robert Sassan. Mr. Sassan is a J.D. candidate at the Georgetown University Law Center. Mr. Sassan’s article argues that 42 U.S.C. § 1983, which provides a federal cause of action for constitutional violations by state actors, fails to provide an adequate remedy for victims of excessive force by autonomous police robots. The article suggests creating a social insurance system to compensate those harmed by robot excessive force.
The second article is authored by Eliza Smith-Driggs. Ms. Smith-Driggs is a second-year law student at BYU Law School. Her article fills a gap in legal literature regarding the intersection of tort and privacy law in the context of geolocation tracking. Virginia’s Consumer Data Protection Act (VCDPA) shields consumers from companies tracking, processing, and selling their data without consent, but it does not require that consumers give their informed or specific consent to allow companies to track their every move even inside their own homes— conduct that the right to privacy would traditionally prevent even private investigators from undertaking. Ms. Smith-Driggs recommends that Virginia amend the VCDPA to encourage informed consent by requiring a short warning pop-up disclaimer and a geofencing control that would allow homeowners to decide what type of data companies can collect within their own homes.
The third article is authored by Melany Amarikwa. Ms. Amarikwa, a law student at the University of Pennsylvania Law School, examines recent cases involving the scraping of user data for generative AI models. Her article proposes a flexible framework to allow innovative uses of publicly available data while protecting individual privacy and property rights.
Thank you to each of our amazing authors, both past and present, for choosing JOLT and for working so graciously with our members throughout the publication process. Thank you to our entire Editorial Board and Staff for your commitment and attention to detail throughout this entire Volume—we are proud to be a part of such an exceptional team of individuals. Thank you to our alumni for your continued support and insights into what the world of technology and law has to offer. Thank you to our incredible faculty advisors, Professors Chris Cotropia and Jim Gibson, for providing the guidance and encouragement we needed. Lastly, thank you to our readers near and far for being a part of our community. The whole truly is greater than the sum of its parts.
What started as an idea over dinner has grown into a highly regarded organization focusing on the impact that technology has on the legal community. The completion of the Thirtieth Volume and the celebration of the thirtieth anniversary of JOLT mark the end of one era and the beginning of a new one. We look forward to experiencing the next thirty years of JOLT with you all.
Sincerely,
The Executive Board of Volume XXX
ARTICLES
by Robert Sassan
The “Right To Be Let Alone” Should Apply To Geolocation Tracking Within the Home
by Eliza Smith-Driggs
Internet Openness at Risk: Generative AI’s Impact on Data Scraping
by Melany Amarikwa