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 ...

About the Competition The Berkeley Technology Law Journal is soliciting entries for our annual student writing competition. It is highly competitive. The first-place winner will work with BTLJ’s editors in the fall to prepare the article for publication in Volume 41, Issue 1. Previous winners have written about discriminatory data ...

By Gaurav Lalsinghani, J.D. Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. Tasked with overseeing a firm’s cybersecurity posture, CISOs stand on the front lines of a corporation’s digital defense. They ...

By Sauntharya Manikandan, J.D. Candidate, 2026 Overview On May 17, 2024, the California Civil Rights Department (CRD) took a step towards addressing the intersection of technology and employment with its proposed modifications to employment regulations concerning automated decision systems. This initiative is indicative of lawmakers racing to catch up with ...

[Meg O’Neill] 00:08 Hello and a warm welcome to all our listeners tuning in to the Berkeley Technology Law Journal podcast. My name is Meg O’Neill, and I’m one of the editors at the podcast. In today’s episode, we dive into the contentious world of content moderation on the internet. ...