This Week in Tech Law - November 6, 2023

Berkeley Law Professor, Talha Syed, discusses the impending antitrust lawsuit against Apple. Professor Syed, an expert in political economy, antitrust, and intellectual property, takes us on a journey through the history of antitrust and how we got to the current moment, one where the government is reevaluating antitrust law and its specific application to big tech. Professor Syed reveals his thoughts and assessment of the new Brandeis movement, headed by Lina Khan and Jonathan Kanter of the FTC and DOJ. He also shares his perception of the merits of an antitrust challenge to Apple and what the case could mean for the future of big tech. We hope you enjoyed the podcast.

Google, Facebook, Instagram, and the rest of the internet, are housed on servers. These servers are mostly stored in data centers located in small, desert communities. Data centers use water to cool their servers. As the climate changes and droughts become more prevalent, legal issues arise as to who gets primary access to water sources. BTLJ Podcast host, Meg O'Neill, speaks with lawyer John DeVoe of Water Watch, and then journalist Mike Rogoway of the Oregonian.

On this recent episode of the BTLJ Podcast, Terry Zhao '26 sits down with Dan Jasnow, a practicing attorney, and Stefano Da Fre, an actor, director, and producer, to hear two different perspectives on how AI impacted the longest SAG-AFTRA strike in Hollywood history.

Paul Wood '26 sits down with attorneys Heather Whitney and David Fang to discuss the complex interactions between generative AI and copyright law, highlighting the latest developments and legal battles. Join us as we explore how groundbreaking AI technologies like ChatGPT are challenging traditional copyright frameworks.

Podcast editors Eric Ahern '25, Juliette Draper '26, and Meg O'Neill '26 cover the verdict announced in the trial of FTX founder Sam Bankman-Fried, the recent bankruptcy of WeWork, and global responses to President Biden's Executive Order targeting AI.

The BTLJ Podcast team sits down with Tatiana Rice from the Future of Privacy Forum to explore the fascinating world of biometrics and its role in a recent case, Barnett v. Apple, which involves a dispute over Apple's use of facial recognition and Touch ID technology.

Join BTLJ podcast host Ian Smith as he sits down with expert guest Dr. Brandie Nonnecke to discuss Section 230 of the Communications Decency Act and Gonzalez v. Google. They'll explore the evolution and power of Section 230, which provides legal protections to online platforms for content created by third-party users, and will discuss the potential implications of Gonzalez, an ongoing case involving a Section 230 dispute that was recently heard by the Supreme Court. Dr. Nonnecke is the founding director of the Citris Policy Lab at UC Berkeley and an associate research professor at the Goldman School of Public Policy where she directs the tech policy initiative.

Join Podcast Editors Isabel Jones and Eric Ahern as they sit down with today’s expert guest, Berkeley Law Professor Chris Hoofnagle, to discuss ChatGPT. They’ll explore the potential impacts of ChatGPT not only on everyday life, but also on the legal industry, education, intellectual property law, geopolitics, and more!

The BTLJ Podcast team sits down with Berkeley Law Professor Tejas Narechania to discuss his forthcoming article, "Convergence and a Case for Broadband Regulation." In the interview, Professor Narechania identifies the consequences of the outdated regulatory scheme for broadband services that exists in the United States. He also proposes a system involving broadband rate regulation as a solution to the problem. This interview was recorded on November 10, 2022.

The BTLJ Podcast team sits down with ACLU Senior Staff Attorney Matt Cagle to discuss the use of automated license plate readers (ALPRs) by police departments and other law enforcement entities. This interview was recorded on November 9, 2022. For more reading on this subject, refer to the following links. ACLU’s reports on ICE’s use of ALPR information to locate and target immigrants: ACLU NorCal: Documents Reveal ICE Using Driver Location Data From Local Police for Deportations (https://www.aclunc.org/blog/documents-reveal-ice-using-driver-location-data-local-police-deportations). ACLU NorCal: Records Reveal ICE Agents Run Thousands of License Plate Queries a Month in Massive Location Database (https://www.aclunc.org/blog/records-reveal-ice-agents-run-thousands-license-plate-queries-month-massive-location-database). Case page on ACLU of Northern California’s lawsuit against the Marin County Sheriff (Lagleva v. Doyle) challenging its illegal sharing of ALPR information with out-of-state and federal agencies. Under settlement, the Marin County Sheriff conceded that state law prohibits the widespread sharing of personal information and changed its policies (https://www.aclunc.org/our-work/legal-docket/lagleva-v-doyle-license-plate-surveillance#:~:text=Under%20the%20settlement%2C%20Sheriff%20Doyle,by%20the%20county's%20ALPR%20cameras.). Electronic Frontier Foundation: What You Can Learn from Oakland's Raw ALPR Data (https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data).