Digital Technologies and the Constitution

This course addresses some of the most pressing and interesting constitutional questions raised by new technologies. Issues to be considered include the tension between anonymous speech and allegedly defamatory speech in relation to unmasking, digital privacy, and the right against compelled self-incrimination in the context of government attempts to force suspects to provide the government with passcodes to electronic devices. The course will also consider artificial intelligence (AI) in relation to 1) the due process questions arising from the use of AI in criminal justice, 2) the challenge of identifying and eliminating AI bias, and 3) copyright for works “authored” using AI, and inventorship for inventions made using AI.