Vol. 27.1 – Winter 2021

Vol. 27.1 – Winter 2021

ARTICLES

1. What a Hybrid Legal-Technical Analysis Teaches Us About Privacy Regulation: The Case of Singling Out

MICAH ALTMAN, ALONI COHEN, KOBBI NISSIM, ALEXANDRA WOOD

This article advocates a hybrid legal-technical approach to the evaluation of technical measures designed to render information anonymous in order to bring it outside the scope of data protection regulation. The article demonstrates how such an approach can be used for instantiating a key anonymization concept appearing in the EU General Data Protection Regulation (GDPR) – singling out. The analysis identifies and addresses a tension between a common, compelling theory of singling out and a mathematical analysis of this theory, and it demonstrates how to make determinations regarding the sufficiency of specific technologies for satisfying regulatory requirements for anonymization.


2. Quantum Patents

BRIAN HANEY

Quantum Patents are patents with claims relating to quantum computing. The number of Quantum Patents granted by the USPTO is rapidly increasing each year. In addition, Quantum Patents are increasing in total market value. While the literature on technology patents is visibly scaling, literature specifically focused on Quantum Patents is non-existent. This Article draws on a growing body of quantum computing, intellectual property, and technology law scholarship to provide novel Quantum Patent analysis and critique.

This Article contributes the first empirical Quantum Patent review, including novel technology descriptions, market modeling, and legal analysis relating to Quantum Patent claims. First, this Article discusses the two main technical approaches to Quantum Computing. This discussion explores the relationship be-tween Adiabatic Quantum Computers and Gate-Model Quantum Computers, as well as various quantum software frameworks. Second, this Article models an evolving Quantum Patent dataset, offering economic insights, claims analysis, and patent valuation strategies. The data models provide insight into an un-charted patent market alcove, shining light on a completely new economy.


3. Insulin Federalism

JORDAN PARADISE


4. Fixing What’s Broken in § 2 of the Lanham Act: Barring Registration of Obscene and Egregiously Offensive Marks

RUSS VERSTEEG

 

NOTES

5. Frand, Rand, and the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents

SAMUEL HOWARD


6. Surveillance by Amazon: The Warrant Requirement, Tech Exceptionalism, and Ring Security

JUSTINE MORRIS