Digital Commons Network^™

Navigating Complex Issues In Modern Archival Collections: Privacy And Copyright, Virginia A. Dressler, Cindy Kristof

Virginia A Dressler

The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern

James Y. Stern

For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually confused, but viable alternatives have been slow to emerge. This Article supplies one.

We argue that Fourth Amendment protection should be anchored in background positive law. The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. It is those actions that should be subjected to Fourth Amendment reasonableness review and the presumptive requirement to obtain a warrant. In short, Fourth Amendment protection …

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Paul Marcus

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.

The Case For The Third-Party Doctrine, Orin S. Kerr

Orin Kerr

This Article offers a defense of the Fourth Amendment's third party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power This Article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses. The third-party doctrine serves two critical functions. First, the doctrine ensures the technological neutrality of the Fourth Amendment. It corrects for the substitution effect of third parties that …

The Role Of Satellites And Smart Devices: Data Surprises And Security, Privacy, And Regulatory Challenges, Anne T. Mckenna, Amy C. Gaudion, Jenni L. Evans

Amy C. Gaudion

Strava, a popular social media platform and mobile app like Facebook but specifically designed for athletes, posts a “heatmap” with consensually-obtained details about users’ workouts and geolocation. Strava’s heatmap depicts aggregated data of user location and movement by synthesizing GPS satellite data points and movement data from users’ smart devices together with satellite imagery. In January of 2018, a 20-year-old student tweeted that Strava’s heatmap revealed U.S. forward operating bases. The tweet revealed a significant national security issue and flagged substantial privacy and civil liberty concerns.

Smart devices, software applications, and social media platforms aggregate consumer data from multiple data …

Privacy Rights And Public Families, Khiara Bridges

Khiara M Bridges

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …

Industrial Justice: Privacy Protection For The Employed, Ariana R. Levinson

Ariana R. Levinson

No abstract provided.

Remedies, Neutral Rules And Free Speech, David F. Partlett, Russell L. Weaver

Russell L. Weaver

In general, plaintiffs’ ability to obtain substantial damages against media defendants is directly proportional to their ability to obtain so called “publication damages.”...In future cases, the courts may be forced to deal more straightforwardly with the First Amendment issues. In Sanders, the court avoided those issues because they were not raised. As a result, the court left open the possibility that, even in an intrusion case a media defendant might be allowed to show that the invasion of privacy was “justified by the legitimate motive of gathering the news.”...Moreover, the very existence of the litigation undoubtedly has a negative impact …

Balancing Privacy And Access In Personal Digital Archives, Virginia A. Dressler

Virginia A Dressler

Digitizing Modern Archival Collections, Or How We Addressed Copyright In The Murky Waters Of Clippings, Student Strike Papers And More, Virginia A. Dressler, Cindy Kristof

Virginia A Dressler

Toward A More Secure Hris: The Role Of Hci And Unconscious Behavior, Humayun Zafar, Adriane B. Randolph, Neale Martin

Humayun Zafar

By design, human resource information systems (HRIS) hold confidential and sensitive information. Therefore, one needs to ensure the security of these systems from unintentional mistakes that may compromise such information. Current systems design and training procedures of HRIS unintentionally help reinforce unsecure behaviors that result in non-malicious security breaches. Measures to improve security through design and training may only occur by breaking the use/impact cycle that individuals have habitually formed. Using strong contexts and cues allow trainers to interrupt individuals’ habits. Then, they have the opportunity to enforce the repetition of the desired behavior. This paper introduces a model of …

Jewish Law And Socially Responsible Corporate Conduct, Steven H. Resnicoff

Steven Resnicoff

No abstract provided.

Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin

Christopher Slobogin

The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …

Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin

Ellen Wright Clayton

The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …

Big Data's Impact On Privacy For Librarians And Information Professionals, Lindsey M. Harper, Shannon M. Oltmann

Lindsey M. Harper

In a digital age, it is very difficult to maintain complete privacy when posting on social media or making purchases. Individual activity on the internet is increasingly collected by corporations, even with the user’s knowledge, and can be used to predict future behavior, purchasing choices or other sensitive subjects. This data analysis is often done without a user’s consent and in many cases presents unethical behavior and breaches of privacy. Big data can be beneficial to libraries in many ways, and if pointed at library systems, rather than the habits of patrons, can also keep privacy intact.

When Disclosure Is Involuntary: Empowering Users With Control To Reduce Concerns, David W. Wilson, Ryan M. Schuetzler, Bradley Dorn, Jeffrey Gainer Proudfoot

Ryan Schuetzler

Modern organizations must carefully balance the practice of gathering large amounts of valuable data from individuals with the associated ethical considerations and potential negative public image inherent in breaches of privacy. As it becomes increasingly commonplace for many types of information to be collected without individuals' knowledge or consent, managers and researchers alike can benefit from understanding how individuals react to such involuntary disclosures, and how these reactions can impact evaluations of the data-collecting organizations. This research develops and empirically tests a theoretical model that shows how empowering individuals with a sense of control over their personal information can help …

Patient Preferences For Authentication And Security: A Comparison Study Of Younger And Older Patients, Ann Fruhling, Devika Ramachandran, Tamara Bernard, Ryan Schuetzler, John R. Windle

Ryan Schuetzler

We examine authentication and security preferences of younger versus older patients in the healthcare domain. Previous research has investigated users' perception of the acceptability of various forms of authentication in nonhealthcare domains, but not patients’ preferences. First, we developed an interactive prototype to test three authentication methods: passwords, pattern, and voice. Our results indicate that younger patients prefer passwords by a significant margin. Older patients indicated more mixed preferences. In addition, we evaluated the level of security patients desired for protection of health information compared to financial information. We found no difference based on age: both groups felt financial security …

Deputizing Family: Loved Ones As A Regulatory Tool In The 'Drug War' And Beyond, Matthew Lawrence

Matthew B. Lawrence

In Defense Of The American Community Survey, Michael Lewyn

Michael E Lewyn

The Language-Game Of Privacy, Joshua A.T. Fairfield

Joshua A.T. Fairfield

A review of Ronald J. Krotoszynski, Jr., Privacy Revisited: A Global Perspective on the Right to Be Left Alone.

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Katharine Van Tassel

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham

McKay Cunningham

The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.

At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million identities were exposed. …

Americans, Marketers, And The Internet: 1999-2012, Joseph Turow, Amy Bleakley, John Bracken, Michael X. Delli Carpini, Nora A. Draper, Lauren Feldman, Nathaniel Good, Jens Grossklags, Michael Hennessy, Chris Jay Hoofnagle, Rowan Howard-Williams, Jennifer King, Su Li, Kimberly Meltzer, Deirdre K. Mulligan, Lilach Nir

Chris Jay Hoofnagle

This is a collection of the reports on the Annenberg national surveys that explored Americans' knowledge and opinions about the new digital-marketing world that was becoming part of their lives. So far we’ve released seven reports on the subject, in 1999, 2000, 2003, 2005, 2009, 2010, and 2012. The reports raised or deepened a range of provocative topics that have become part of public, policy, and industry discourse. In addition to these reports, I’ve included three journal articles — from I/S, New Media & Society and the Journal of Consumer Affairs — that synthesize some of the findings and place …

A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

This version incorporates and responds to the many comments that we received to Version 1.1, which we released on March 10, 2005.

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves. …

Bookit Ip Series - Federal Trade Commission Privacy Law And Policy, Chris Hoofnagle

Chris Jay Hoofnagle

The Federal Trade Commission (FTC) was established in 1914 to prevent unfair competition in commerce. Since that time, the FTC has been given greater authority to police anticompetitive practices. It has evolved into the most important regulator of information policy and now regulates our technological future. Unfortunately, the agency is often poorly understood. In his book Federal Trade Commission Privacy Law and Policy, Professor Hoofnagle will redress this confusion by explaining how the FTC arrived at its current position of power. He will offer practical tips for lawyers, legal academics, political scientists, historians, and those interested in obtaining a better …

How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow

Chris Jay Hoofnagle

Media reports teem with stories of young people posting salacious photos online, writing about alcohol-fueled misdeeds on social networking sites, and publicizing other ill-considered escapades that may haunt them in the future. These anecdotes are interpreted as representing a generation-wide shift in attitude toward information privacy. Many commentators therefore claim that young people “are less concerned with maintaining privacy than older people are.” Surprisingly, though, few empirical investigations have explored the privacy attitudes of young adults. This report is among the first quantitative studies evaluating young adults’ attitudes. It demonstrates that the picture is more nuanced than portrayed in the …

A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves.

In the aftermath of the ChoicePoint debacle, both of us have been asked by Congressional legislative staffers, state legislative policymakers, journalists, academics, …

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson

Consumer Bitcredit And Fintech Lending, Christopher K. Odinet

Christopher K. Odinet