Berkley Technology Law Journal

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The Implementation of Algorithmic Pricing and Its Impact on Businesses, Consumers, and Policymakers: Algorithmic pricing raises concerns about collusion and antitrust enforcement

Berkley Technology Law Journal

By Sauntharya Manikandan, J.D. Candidate, 2026 Introduction to Algorithmic Pricing If you are a consumer in todays world, you have likely encountered AI algorithmic pricing. Think about the times when your Uber ride cost more due to surge pricing or when Southwest Airlines notified you about discounted tickets for a specific week or month. But how exactly does algorithmic pricing work?

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Taylor Swift’s Copyright Battle and Strategic Re-Recording Songs

Berkley Technology Law Journal

By Andreia M. Tamashiro,* LL.M. 2025 *The author thanks Mr. Gary Greenstein, Partner at Wilson Sonsini, for his guidance on this post. When Taylor Swift announced she was re-recording her first six albums, she wasnt just revisiting past hitsshe was reclaiming ownership of her music. Her battle over album masters highlights a huge issue in the music industry: who truly owns the songs artists create?

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AI Gets Personal: CCPA vs. GDPR on Automated Decision-Making

Berkley Technology Law Journal

By Ilke Okan LL.M., 2025 Automated decision-making technologies ( ADMTs ) are systems that analyze personal data to predict or decide outcomes about individuals, often without human input. These tools can determine whether someone is approved for a loan, lands a job interview, or is flagged for extra screeningall with limited transparency. As artificial intelligence (AI) and ADMTs become increasingly embedded in daily lifefrom hiring and credit scoring to healthcare and educationregulators are u

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Opt-Out Approaches to AI Training: A False Compromise

Berkley Technology Law Journal

By Barbara Rasin, J.D. Candidate, 2027 The recent boom in generative AI technology has been hampered by accusations that AI training sets violate intellectual property laws. Various rightsholders, including the New York Times and Universal Music Group , have sued the companies behind these algorithms for training on their protected IP without a license.

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The Writings on the Blackbaud: Lessons from the FTC’s First Standalone Section 5 Unfairness Claim

Berkley Technology Law Journal

By Gaurav Lalsinghani, J.D. Candidate, 2025 In February 2024, the Federal Trade Commission (FTC) broke new ground by bringing its first-ever standalone Section 5 unfairness claims for unreasonable data retention and misleading breach notifications. The agencys enforcement action against Blackbauda cloud software provider serving nonprofits, healthcare organizations, and educational institutionsmarked a significant expansion of the Commissions approach to data security enforcement.

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TikTok Sale-or-Ban Law Upheld by Supreme Court: A Turning Point in U.S Tech Regulation

Berkley Technology Law Journal

By Sauntharya Manikandan, J.D. Candidate, 2026 Overview On January 17, 2025, the U.S. Supreme Court unanimously upheld the Protecting Americans from Foreign Adversary Controlled Applications Act also known as the TikTok Sale-or-Ban Law. This law grants the federal government the authority to shut down TikTok unless ByteDance, its China-based parent company, completes a qualified divestiture essentially severing all control over TikTok’s U.S. operations and having the application cut ties w

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TikTok Sale-or-Ban Law Upheld by Supreme Court: A Turning Point in U.S Tech Regulation

Berkley Technology Law Journal

By Sauntharya Manikandan, J.D. Candidate, 2026 Overview On January 17, 2025, the U.S. Supreme Court unanimously upheld the Protecting Americans from Foreign Adversary Controlled Applications Act also known as the TikTok Sale-or-Ban Law. This law grants the federal government the authority to shut down TikTok unless ByteDance, its China-based parent company, completes a qualified divestiture essentially severing all control over TikTok’s U.S. operations and having the application cut ties w

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