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Professor Katyal’s Cornell Article is judged as best 2019 intellectual property law review article
Professor Sonia Katyal’s Article The Paradox of Source Code Secrecy was selected for inclusion in the 2020 edition of the Intellectual Property Law Review, an anthology published annually by Thomson Reuters (West). This article was originally published in 104 Cornell L. Rev. 1183 (2019). Abstract In Lear v. Adkins, the Supreme Court precipitously wrote, “federal…
The Paradox of Source Code Secrecy
Sonia K. Katyal, Haas Distinguished Chair and Chancellor’s Professor of Law, University of California at Berkeley.
Today, the government relies on machine learning and AI in predictive policing analysis, family court delinquency proceedings, parole decisions, and DNA and forensic science techniques, among other areas, producing a fundamental conflict between civil rights and automated decisionmaking. Ground zero for this conflict, I argue, has become the murky, messy intersection between software, trade secrecy, and public governance. In many…