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By Grace Murphy, J.D. Class of 2026 Prescription drugs have a reputation for making liberal use of the patent system. However, the medications picked up at the pharmacy are not the only patent-protected products in the local drugstore. Many of the lotions, serums, and face washes that line the aisles ...

By Xiaoyun Hu, LL.M. Candidate, 2025 Introduction Nowadays, AI tools can not only generate full sentences and pictures, but can also produce voice clones using audio samples as input. Some people have used these tools to fabricate a singer ‘covering’ someone else’s song, or to replace the current dubbing of ...

By Beatriz Sampaio, LL.M. 2025 In early January 2025, Meta announced a major change to their content moderation policy: the end of their third-party fact checking in the United States. Whereas the previous strategy to address misinformation on the company’s platforms relied on centralized moderation through independent fact-checkers certified through ...

By Sauntharya Manikandan, J.D. Candidate, 2026 Introduction to Algorithmic Pricing If you are a consumer in today’s world, you have likely encountered AI algorithmic pricing. Think about the times when your Uber ride cost more due to surge pricing or when Southwest Airlines notified you about discounted tickets for a ...

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 ...