Law Scribbler

Career confessions of an atypical law school graduate

“I’m excited at what lies ahead. My circuitous professional path since law school reflects a profession in flux. … At the same time, there has never been a more exciting moment to create a new path,” writes law professor Jason Tashea.

Dec 17, 2019 6:00 AM CST

To improve oversight of facial recognition, expand open-file discovery

In September 2015, two undercover officers in Jacksonville, Florida, bought $50 worth of crack cocaine from a man who called himself “Midnight.” During the sale, one of the officers took photos of “Midnight” on an old tracphone, but they did not know the seller’s real identity. As I wrote about…

Nov 25, 2019 10:50 AM CST

As machines play a greater role in criminal justice, third-party auditing and oversight is essential

Technology is playing a bigger role in investigations, arrests and prosecutions, so mass conviction reviews will be more common. This creates a hidden but substantial human and monetary cost to hardware and software adoption in the criminal justice system.

Oct 22, 2019 6:00 AM CDT

Why scraping publicly available information online isn’t a crime

To criminalize public website scraping castrates an open internet by curtailing access to information, says ABA Journal Legal Affairs Writer Jason Tashea. This isn’t just an issue for internet startups and academic researchers but also the legal community.

Sep 23, 2019 6:30 AM CDT

Forgoing bug bounties and disclosure policies, legal tech leaves lawyers vulnerable

With the state of anti-hacking law in the U.S. and the insecure nature of online software, bug bounties and vulnerability disclosure policies are front-line, standard practices that should be a part of most any organization’s cybersecurity posture.

Aug 19, 2019 6:30 AM CDT

Trade secret privilege is bad for criminal justice

As technology becomes more central to evidence gathering and defendant profiling, courts must keep transparent processes that don’t black box evidence used to detain, convict and sentence defendants. To do otherwise subverts a fair criminal justice system.

Jul 30, 2019 6:30 AM CDT

ABA Journal reporter Jason Tashea honored as one of 2019 Fastcase 50

The ABA Journal is pleased to announce that Legal Affairs Writer Jason Tashea has been named to the 2019 Fastcase 50. This is the ninth year Fastcase has shined a spotlight on a diverse group of 50 innovators and forward-thinking legal industry leaders. They will be honored this week during…

Jul 15, 2019 11:20 AM CDT

The rise of the machines—but with checks and balances

The U.S. has been the world leader in AI development, including those used in the criminal justice system. But we are laggards when it comes to the regulation and oversight of the same technology, writes ABA Journal Legal Affairs Writer Jason Tashea.

Jun 25, 2019 6:00 AM CDT

For law firms on the web, online accessibility for the disabled is good business

As legal services providers update their technology and grow their online footprints, they should build and use technology that is accessible to the broadest number of people, and that also includes people with disabilities.

May 21, 2019 6:30 AM CDT

Be competent in AI before adopting, integrating it into your practice

Today, 36 states have adopted a duty on technology competence. But for many, understanding artificial intelligence is an ongoing challenge. Helping lawyers meet these standards was part of our work on a multidisciplinary effort focused on the ethics of AI.

Apr 23, 2019 6:30 AM CDT

Stop comparing your startup to TurboTax

While people often see TurboTax as a successful company that makes tax filing easier, TurboTax is not worthy of its vaunted rhetorical role. It’s a rent-seeker that actively lobbies to keep the tax system complex, justifying its ongoing existence.

Mar 25, 2019 6:30 AM CDT

As deepfakes make it harder to discern truth, lawyers can be gatekeepers

"We're entering an era in which our enemies can make it look like anyone is saying anything at any point in time, even if they would never say those things," former President Barack Obama announced in a video PSA for BuzzFeed News last year.

Feb 26, 2019 6:30 AM CST

I decreased my phone screen time by 80%—this is how I did it

It’s not that I hate technology, it’s just that I don’t like spending time with it. I know, that’s weird from a guy who writes, thinks and talks about tech for a living. Consider it contempt through familiarity.

Jan 22, 2019 6:00 AM CST

Access-to-justice gap? It’s the economy

In November, the ABA published Formal Opinion 484. From the ABA Standing Committee on Ethics and Professional Responsibility, the opinion approves of some forms of attorney fee financing, believing that they can help close the access-to-justice gap, defined as those who need but can’t attain legal support. “Formal Opinion 484…

Dec 17, 2018 7:30 AM CST

Computer science programs need to teach the law

During the last few years, the pendulum has swung against internet-enabled technology companies. Once heralded as great equalizers and modernizers, the consequences—intended or otherwise—of these companies are under full review. In response to criticism, academic, corporate and non-profit ethics projects and programs have cropped up in an attempt to give computer science some humanity.

Nov 19, 2018 6:00 AM CST