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Articles 1 - 30 of 114
Full-Text Articles in Law
Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar
Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar
Indian Journal of Law and Technology
Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.
The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …
A How-To Guide For When Your Favorite Meme Account Is Defamed: Involuntary Public Figures In Defamation, Privacy, And Intentional Infliction Of Emotional Distress Law, Elizabeth Mcmullen
A How-To Guide For When Your Favorite Meme Account Is Defamed: Involuntary Public Figures In Defamation, Privacy, And Intentional Infliction Of Emotional Distress Law, Elizabeth Mcmullen
Catholic University Journal of Law and Technology
The world we live in today has changed infinitely since the inception of our Constitution and early legal doctrine. Our Founding Fathers could never have predicted that we would one day live in a world where anyone living in any corner of the globe could garner millions of followers. Whether someone finds him or herself to be particularly proficient in writing Harry Potter fan fiction or to be the best creator of memes with an American Girl Doll focus, ordinary citizens could find themselves suddenly jolted out of quiet anonymity by one unexpectedly viral post. Despite years of Instagram micro-fame, …
A Trusted Framework For Cross-Border Data Flows, Alex Joel
A Trusted Framework For Cross-Border Data Flows, Alex Joel
Joint PIJIP/TLS Research Paper Series
The German Marshall Fund of the United States (GMF), in cooperation with the Tech, Law and Security Program (TLS) of the American University Washington College of Law, and with support from Microsoft, convened a Global Taskforce to Promote Trusted Sharing of Data comprising experts from civil society, academia, and industry to submit proposals for harmonizing approaches to global data use and sharing. Former US Ambassador to the Organisation for Economic Co-operation and Development (OECD) and GMF Distinguished Fellow Karen Kornbluh and Microsoft Chief Privacy Officer and Corporate Vice President Julie Brill co-chaired the taskforce; TLS Senior Project Director Alex Joel …
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
An Essay About Privacy, Ronald Griffin
An Essay About Privacy, Ronald Griffin
Journal Publications
Jessye Norman was an American opera singer. She died on October 1, 2019. On October 2, 2019, my wife got a grim diagnosis that put me in a stupor and reminded me, now more than ever, that my generation (that did so much good in the world) stands in line waiting for the Grim Reaper’s call. In a seventy-years (that have gone by too fast) I have watched my peers run from the realms of privacy, spaces where people implemented life plans uninterrupted by neighbours that were discernible, palpable, and real to everybody, to a realm where there is none. …
One Size Does Not Fit All: How The California Privacy Rights Act Will Not Improve Employee Data Collection And Privacy Rights, Kayla N. Bushey
One Size Does Not Fit All: How The California Privacy Rights Act Will Not Improve Employee Data Collection And Privacy Rights, Kayla N. Bushey
Catholic University Journal of Law and Technology
No abstract provided.
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Seattle University Law Review
Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.
The Development Of Digital Mass Surveillance In Norway: The Emergence Of A Surveillance State?, Iris Nguyên Duy
The Development Of Digital Mass Surveillance In Norway: The Emergence Of A Surveillance State?, Iris Nguyên Duy
FIU Law Review
No abstract provided.
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine
Catholic University Journal of Law and Technology
No abstract provided.
A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan
A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan
Dickinson Law Review (2017-Present)
Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.
Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Catholic University Journal of Law and Technology
No abstract provided.
Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo
Dissertations
In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.
To address …
"Times They Are A Changin'" - Can The Ad Tech Industry Survive In A Privacy Conscious World?, Meaghan Donahue
"Times They Are A Changin'" - Can The Ad Tech Industry Survive In A Privacy Conscious World?, Meaghan Donahue
Catholic University Journal of Law and Technology
The "ad tech ecosystem" is a web of interconnected technologies and intermediaries that facilitate targeted advertising based on consumer data, and supports the free internet while providing users with promotional content relevant to their interests. However, in recent years, lawmakers and consumer advocates have highlighted the dangers associated with the unregulated use of consumer data for advertising purposes, prompting a flurry of legislative action at both the state and federal levels. These various laws and proposed bills impose new challenges on the ad tech industry--threatening to fundamentally change the way the business operates. However, through innovation and creative thinking, the …
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Joint PIJIP/TLS Research Paper Series
No abstract provided.
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
Open Educational Resources
Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.
Privacy, Eavesdropping, And Wiretapping Across The United States: Reasonable Expectation Of Privacy And Judicial Discretion, Carol M. Bast
Privacy, Eavesdropping, And Wiretapping Across The United States: Reasonable Expectation Of Privacy And Judicial Discretion, Carol M. Bast
Catholic University Journal of Law and Technology
One-party consent and all-party consent eavesdropping and wiretapping statutes are two broad pathways for legislation to deal with the problem of secret taping and some states protect conversation under state constitutions. Whether a conversation is protected against being taped as a private conversation is often gauged by the reasonable expectation of privacy standard. Judges in both all-party consent and one-party consent jurisdictions have had to use their leeway under the reasonable expectation of privacy standard to arrive at what at the time seemed to be the most appropriate solution, perhaps in doing so creating a case law exception.
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine, Cristina Del Rosso, Carol M. Bast
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine, Cristina Del Rosso, Carol M. Bast
Catholic University Journal of Law and Technology
The goal of this paper is to examine the future of the third-party doctrine with the proliferation of technology and the online data we are surrounded with daily, specifically after the Supreme Court’s decision in Carpenter v. United States. It is imperative that individuals do not forfeit their Constitutional guarantees for the benefit of living in a technologically advanced society. This requires an understanding of the modern-day functional equivalents of “papers” and “effects.”
Looking to the future, this paper contemplates solutions on how to move forward in this technology era by scrutinizing the relevancy of the third-party doctrine due …
The Department Of Justice Versus Apple Inc. -- The Great Encryption Debate Between Privacy And National Security, Julia P. Eckart
The Department Of Justice Versus Apple Inc. -- The Great Encryption Debate Between Privacy And National Security, Julia P. Eckart
Catholic University Journal of Law and Technology
This article is an attempt to objectively examine and assess legal arguments made by Apple Inc. (Apple) and the Department of Justice (DOJ) concerning the DOJ’s use of the All Writs Act[1] (AWA) to require Apple to provide technical assistance to the DOJ so that it could access the encrypted data from the locked iPhone of Syed Rizwan Farook, commonly referred to as the San Bernardino shooter. The DOJ’s initial ex parte application focused on meeting the requirements of United States v. New York Telephone Co.[2] concluding the court order was authorized and appropriate. Apple not only argued …
Privacy And Security Across Borders, Jennifer Daskal
Privacy And Security Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …
A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen
A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen
Faculty Scholarship
The concept of “information fiduciaries” has surged to the forefront of debates on online-platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of care, confidentiality, and loyalty on doctors, lawyers, and accountants vis-à-vis their patients and clients, Balkin argues, so too should it impose special duties on corporations such as Facebook, Google, and Twitter vis-à-vis their end users. Over the past several years, this argument has garnered remarkably broad support …
Taking Data, Michael C. Pollack
Taking Data, Michael C. Pollack
Faculty Articles
Technological development has created new forms of information, altered expectations of privacy, and given law enforcement more tools to examine that information and intrude on that privacy. One crucial facet of these changes involves internet service providers (ISPs): as people expose more of their lives to their ISPs—all the websites they visit, people they communicate with, emails they send, files they store, and more—law enforcement efforts to access that data become more and more common. But scholars and policymakers alike recognize that the existing statutory frameworks governing those efforts are based on obsolete technology and strike balances that are difficult …
Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George
Utah Law Faculty Scholarship
This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. This article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector companies …
Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat
Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat
Catholic University Journal of Law and Technology
Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.
This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in the …
"I Call Alexa To The Stand": The Privacy Implications Of Anthropomorphizing Virtual Assistants Accompanying Smart-Home Technology, Christopher B. Burkett
"I Call Alexa To The Stand": The Privacy Implications Of Anthropomorphizing Virtual Assistants Accompanying Smart-Home Technology, Christopher B. Burkett
Vanderbilt Journal of Entertainment & Technology Law
This Note offers a solution to the unique privacy issues posed by the increasingly humanlike interactions users have with virtual assistants, such as Amazon's Alexa, which accompany smart-home technology. These interactions almost certainly result in the users engaging in the cognitive phenomenon of anthropomorphism--more specifically, an assignment of agency. This is a phenomenon that has heretofore been ignored in the legal context, but both the rapidity of technological advancement and inadequacy of current applicable legal doctrine necessitate its consideration now. Since users view these anthropomorphized virtual assistants as persons rather than machines, the law should treat them as such. To …
Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy
Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy
Catholic University Journal of Law and Technology
In modern society, cell phones have become a virtual extension of most Americans. Advances in cell phone technology have given rise to the popularity of mobile dating applications (“apps”), which are capable of allowing users to date and meet potential partners without leaving the comfort of their own homes. The convenience and allure of mobile dating apps has led to a staggering increase in the number of crimes orchestrated against other users of the apps. Such crimes often include solicitation, stalking, murder, and human trafficking. Unsuspecting and trusting users fall victim to these crimes due to the false sense of …
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …
Are Privacy Laws Deficient?, Woodrow Hartzog
Are Privacy Laws Deficient?, Woodrow Hartzog
Faculty Scholarship
Privacy law around the world is deficient because it ignores design. Lawmakers have attempted to establish limits on the collection, use, and distribution of personal information. But they have largely overlooked the power of design. They have discounted the role that design plays in facilitating the conduct and harm privacy law is meant to prevent. Design pitches and picks privacy winners and losers, with people as data subjects and surveillance objects often on the losing side.
Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee
Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee
Maine Law Review
Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which the First …