“One of the things that I was able to work on with AI Now was writing a letter of support for a group of tenants who were appealing their landlord’s decision to implement a facial recognition system at their building..... One of the concerns with facial recognition technology is the highest rates of inaccuracies are with persons of color, women, elderly, and children as well.”
Enoch Ajayi '20
Government Surveillance and Digital Privacy
- Amicus Brief for ACLU, ACLU of Colorado, and EFF in Colorado v. Tafoya (Colorado Supreme Court, Jan. 25, 2021)
- Amicus brief for ACLU and ACLU of Alaska Foundation in US v. Basey (9th Cir., Feb. 19, 2019)
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ACLU Brief re Unsealing of court order directing Facebook to undermine its encryption protocols to facilitate wiretapping via Messenger (Nov. 28, 2018)
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ACLU Seeks Secret Ruling That Stopped Feds From Hacking Facebook Messenger (ACLU Blog, Nov. 28, 2018)
- Amicus brief for Tech:NYC in Airbnb Inc. v. City of New York (US Dist Ct SDNY, Oct. 1, 2018) (Aaron Williamson on the brief, Jason Schultz Of Counsel)
- How Malicious Software Updates Endanger Everyone, ACLU Guide for tech companies on potential surveillance orders concerning automatic software (2018)
- Big Brother Is Getting More Tech-Savvy — Here’s How to Fight Its Next Hack (ACLU Blog, Jun. 21, 2018)
- TechNYC brief & comments on NYC Ordinance on sharing of customer data related to homesharing platforms (June 2018 Policy Brief)
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Amicus brief for Freedom of the Press Foundation in Twitter v. Holder (US Dist Ct ND CA, Feb. 17, 2015)
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Amici brief for ACLU Foundation, ACLU Foundation of Pennsylvania, EFF and NACDL in US v Katzin (3rd Cir, Nov. 13, 2012)
Health Data Projects
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Comment on HHS’s Proposed Revision of HIPAA Rules (Apr. 23, 2021)
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The Big Data Regulator, Rebooted: Why and How the FDA Can and Should Disclose Confidential Data on Prescription Drugs and Vaccines, (California L. Rev., Apr. 2021)
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Clinical Trial Cost Transparency at the National Institutes of Health: Law and Policy Recommendations, White Paper (Aug. 2020)
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Promoting clinical trial transparency through the courts: A strategic lawsuit against the FDA (TranspariMED Blog, Oct. 23, 2019) - Publication in connection with ClinicalTrials.gov case.
Intellectual Property
Copyright
The Andy Warhol Foundation v. Goldsmith (key issue: scope of the fair use defense in visual art)
- Amici brief for Latipa (née Michelle Dizon) and Việt Lê (2d Cir, Feb. 28, 2020)
Google v. Oracle (key issue: copyright protection for software APIs)
- Amici brief for Small, Medium, and Open Source Technology Organizations in Google v. Oracle (SCOTUS, Jan. 13, 2020)
- Amici brief for Mozilla Corp., Mapbox, Patreon, Etsy and Wikimedia in Google v. Oracle (SCOTUS, Feb. 25, 2019)
- Amici Brief for 42 Intellectual Property Law Professors in Oracle v. Google (CAFC, May 30, 2017)
- Amici brief for Open Source Initiative, Mozilla and Engine in Google v. Oracle (SCOTUS, 2014)
- Amici brief for Computer Scientists in Google v. Oracle (CAFC, 2013)
State of Georgia v. Public.Resource.org (key issue: whether copyright protection extends to official state commentary on its own laws)
- Amicus brief for ACLU, the ACLU of Georgia and Jason Schultz in State of Georgia et. al v. Public.Resource.org et. al (SCOTUS, Oct. 16, 2019)
Capitol Records v. ReDigi (key issue: whether first sale doctrine applies to digital goods)
- Amici Brief for Copyright Law Scholars in Capitol Records LLC et al. v. ReDigi Inc. et. al. (US Ct of Appeals, 2nd Cir, 2017)
American Broadcast Companies v. Aereo (key issue: whether showing live and time-shifted streams of over-the-air television on internet-connected devices violates copyright law)
- Brief of Amici Curiae for Small and Independent Broadcasters in American Broadcast Companies, Inc. v. Aereo, Inc. (SCOTUS, 2014)
Collaboration with the Electronic Frontier Foundation to protect public access to software
- EFF Car Security Research Exemption Request (U.S. Copyright Office, Library of Congress, 2014)
- EFF Car Repair and Modification Exemption Request (U.S. Copyright Office, Library of Congress, 2014)
Patent
Representation of The PrEP4All Collaboration (key issue: using patent law to bring down the price of, and expand access to, medicines and vaccines)
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U.S. 10,960,070:The U.S. Government’s Important New Coronavirus Vaccine Patent (Apr. 14, 2021)
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The U.S. Government’s Apparent Co-Ownership of Patents Protecting Remdesivir (May 20, 2020) - Publication in connection with PrEP4All
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§ 1498: A Guide to Government Patent Use: A Path to Licensing and Distributing Generic Drugs
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Petition to the United States Patent and Trademark Office (Dec. 9, 2019)
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Petition to the United States Patent and Trademark Office challenging Gilead’s applications for patent term extension on U.S. Patent Nos. 7,390,791 and 7,803,788 (Dec. 4, 2019)
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United States v. Gilead: Can a Lawsuit Yield Better Access To PrEP? (Health Affairs Blog, Nov. 18, 2019) - Publication in connection with PrEP4All
Alice v CLS Bank (key issue: patent protection for software)
- Amici brief for Law, Business and Economic Scholars in Alice Corporation Pty. Ltd. v. CLS Bank International et. al. (SCOTUS, February 2014)
Trade Secrecy
Food Marketing Institute v. Argus Leader (key issue: to what extent can the federal government rely on corporate trade secrecy and “confidential commercial information” to withhold information from the public?)
Trademark
Matal v. Tam (key issue: can the U.S. Patent & Trademark Office refuse to register trademarks that it deems immoral or scandalous?)
- Amici brief for ACLU et al in In re Tam (CAFC, 2015)
Other Cases and Projects
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New Challenges to Government Use of Algorithmic Decision Systems, report co-authored by Jason Schultz with the AI NOW Institute and NYU Law's Center for Race, Inequality and the Law (2019)
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Open Source Hardware Association Certification Guide (Sep. 2018)
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Amici brief for WMF et al in Hassell v. Bird (California Supreme Court, 2017)
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Op-Ed: Do you own the software that runs your Tesla? (Los Angeles Times, Nov. 4, 2016)