By Andreia M. Tamashiro,* LL.M. 2025 *The author thanks Mr. Gary Greenstein, Partner at Wilson Sonsini, for his guidance on this post. When Taylor Swift announced she was re-recording her first six albums, she wasn’t just revisiting past hits–she was reclaiming ownership of her music. Her battle over album masters ...

SPEAKERS Audrey Mitchell, Eric Ahern, Meg O’Neill Podcast Transcript: [Meg O’Neill] 0:08 Hello and welcome to the Berkeley Technology Law Journal podcast. My name is Meg O’Neill and I am one of the editors of the podcast. Today, we are excited to share a conversation between Berkeley Law 3L student ...

By Ilke Okan LL.M., 2025 Automated decision-making technologies (ADMTs) are systems that analyze personal data to predict or decide outcomes about individuals, often without human input. These tools can determine whether someone is approved for a loan, lands a job interview, or is flagged for extra screening—all with limited transparency. ...

By Barbara Rasin, J.D. Candidate, 2027 The recent boom in generative AI technology has been hampered by accusations that AI training sets violate intellectual property laws. Various rightsholders, including the New York Times and Universal Music Group, have sued the companies behind these algorithms for training on their protected IP ...

By Gaurav Lalsinghani, J.D. Candidate, 2025 In February 2024, the Federal Trade Commission (FTC) broke new ground by bringing its first-ever standalone Section 5 unfairness claims for unreasonable data retention and misleading breach notifications. The agency’s enforcement action against Blackbaud—a cloud software provider serving nonprofits, healthcare organizations, and educational institutions—marked ...

COMPLETE VOLUME 40, ISSUE 1 Complete Issue FRONT MATTER Front Matter ARTICLES Is Privacy Really a Civil Right? by Anita Allen & Chistopher Muhawe Keeping ChatGPT A Trade Secret While Selling It Too by Camilla A. Hrdy AI, Bias, and National Security Profiling by Laurie N. Hobart Using Machine Learning ...

[Meg O’Neill] 0:08 Hello and welcome to the Berkeley Technology Law Journal podcast. My name is Meg O’Neill and I am one of the editors of the podcast. Today, we are excited to share a conversation between Berkeley Law 2L student Krystle Malixi and Professor Judith Finell. Professor Finell is ...

Regulating Emergent Tech After Loper Bright [Meg O’Neill] 00:02 Hello and welcome to the Berkeley Technology Law Journal podcast. My name is Meg O’Neill, and I’m an editor here at the podcast. We are excited today to share a conversation between Berkeley Law student Hananya Sunderraj and Dr. Michele Neitz, ...

COMPLETE VOLUME 39, ISSUE 4 Complete Issue FRONT MATTER Front Matter ARTICLES Foreword by Zhudi Huang And Jelena Laketić IPR Estoppel (& “Estoppel-Like”) Provisions: Balancing Patent Quality and Quiet Title by Weijia (“Nina”) Zhang Patent Enablement After Amgen v. Sanofi by John Moore Beyond Appropriation Art and Algorithms: Examining the ...

By Sauntharya Manikandan, J.D. Candidate, 2026 Overview On January 17, 2025, the U.S. Supreme Court unanimously upheld the Protecting Americans from Foreign Adversary Controlled Applications Act also known as the TikTok Sale-or-Ban Law. This law grants the federal government the authority to shut down TikTok unless ByteDance, its China-based parent ...