Gaia Bernstein

Professor Gaia Bernstein

Technology, Privacy and Policy Professor of Law, Co-Director of the Institute for Privacy Protection, and Co-Director of the Gibbons Institute for Law Science and Technology

  • Degrees:

  • J.S.D. New York University School of Law | LL.M. Harvard Law School | LL.M., Tel-Aviv University | J.D. Boston University | B.A. Tel-Aviv University
  • Contact:

  • [email protected]
  • Tel: 973-642-8494
  • SSRN Site link
  • Curriculum Vitae
  • Courses:

  • Copyright, Law and the Technologies of Life, Information Privacy Law, Property, Intellectual Property, Patent Law, Health Privacy Law, Law and Genetics

Gaia Bernstein is the Technology, Privacy and Policy Professor of Law, Co-Director of the Institute for Privacy Protection, and Co-Director of the Gibbons Institute of Law Science and Technology. Professor Bernstein specializes in law and technology, information privacy, intellectual property, law and genetics, and reproductive technologies. Her scholarship examines users' interactions with new technologies across diverse legal fields.

Professor Bernstein’s book: Unwired: Gaining Control Over Addictive Technologies was published in 2023 by Cambridge University Press. Unwired has been broadly featured and excerpted, including by Wired Magazine, Time Magazine and the Boston Globe. It has received many recognitions, including as a Next Big Idea Must Read Book; a finalist of the PROSE award in legal studies; and a finalist of the American Book Fest award in business-technology.  Professor Bernstein is also the founding director of the Institute for Privacy Protection. She created and spearheaded the Institute’s nationally recognized school outreach program, which educated parents and students about technology overuse and privacy.

Professor Bernstein's scholarship has been published in leading law reviews including the Vanderbilt Law Review, the Boston College Law Review, the Boston University Law Review, the Washington Law Review and the U.C. Davis Law Review. Her work has been selected to the Stanford-Yale Junior Faculty Forum and received extensive media coverage. Professor Bernstein was the Chair of the Section on Privacy and Defamation and a member of the Executive Board of the Section on Intellectual Property of the American Association of Law Schools.

Professor Bernstein has joined the Seton Hall faculty in 2004. Prior to joining the Seton Hall faculty, Professor Bernstein was a fellow at the Engelberg Center of Innovation Law & Policy and at the Information Law Institute at the New York University School of Law. Her degrees include: a J.S.D. from the New York University School of Law, an LL.M. from Harvard Law School, a J.D. (Intellectual Property concentration with Honors) from the Boston University School of Law, and a B.A. in Psychology and Political Science (magna cum laude) from Tel Aviv University. Professor Bernstein practiced law at Skadden, Arps, Slate, Meagher & Flom LLP in New York and at S. Horowitz & Co. in Israel.

Visit Professor Bernstein's website.



Unwired: Gaining Control over Addictive Technologies (Cambridge University Press, 2023)


Smart Cities and the Right to Disconnect (work in progress)

Configuring the Role of Children’s Privacy Rights in the Fight Against Technology Addiction (forthcoming Villanova Law Review 2024) (invited symposium piece)

A Window of Opportunity to Regulate Addictive Technologies, 2022 Wisconsin Law Review Forward 64 (invited essay)

The End User's Predicament: User Standing in Patent Litigation, 96 Boston University Law Review 1929 (2016).

  1. Selected for Plenary Presentation at PatCon6.

Incentivizing the Ordinary User, 66 Florida Law Review 1275 (2015).

  1. Selected for Plenary Presentation at the Intellectual property Scholars Conference (IPSC)

The Rise of the End User in Patent Litigation, 55 Boston College Law Review 1443 (2014)

  1. Selected for the ABA-IPL First Intellectual Property Scholarship Symposium at the 29th ABA Annual Intellectual Property Conference.
  2. Cited by the Federal Circut in Akamai Technologies v. Limelight Networks, 2015 U.S. App. Lexis 7856.

The Rise of the End User in Patent Litigation and Attorney Fee Shifting, 3(2) NTUT J. of Intell. Prop. L. & Mgmt. 199 (2014)

Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy, 10 Indiana Health Law Review 291 (2013) (symposium)

Over-Parenting, 44 U.C. Davis L. Rev. 4 (2011) (with Zvi Triger)

  1. Article featured in: The NY Times, Forbes, ABC News, ABA Journal Magazine, ABA Journal Website, AOL, Israel's National Radio, Time-Out Tel-Aviv and Yediot's 7 Days.

In the Shadow of Innovation, 31 (6) Cardozo Law Review 2257 (2010) (with Empirical Appendix)

  1. Selected to the Stanford-Yale Junior Faculty Forum.

Regulating the Technologies of Reproduction: Timing, Uncertainty and Donor Anonymity, 90 Boston University L. Rev. 1189 (2010)

Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information, 79(2)UMKC Law Review 283 (2010) (symposium)

Toward a General Theory of Law and Technology: Symposium Introduction, 8 Minnesota J. Law, Science and Technology 441 (symposium) (2007)

The Role of Diffusion Characteristics in Formulating a General Theory of Law and Technology, Minnesota J. Law, Science and Technology 623 (symposium) (2007)

The Paradoxes of Technological Diffusion: Genetic Discrimination and Internet Privacy, 39 Connecticut L. Rev. 241 (2006)

When New Technologies Are Still New: Windows of Opportunity for Privacy Protection, 51 Villanova Law Review 921 (symposium) (2006)

Information Technologies and Identity, Computer Law Review International 1 (2005)

Accommodating Technological Innovation: Identity, Genetic Testing and the Internet, 57 Vanderbilt L. Rev. 963 (2004)

The Socio-Legal Acceptance of New Technologies: A Close Look at Artificial Insemination, 77(4) Washington L. Rev. 1035 (2002)


California is Right: Addictive Take Design is Not Free Speech, The Hill, October 24, 2023.