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Full-Text Articles in Law

Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod Jan 2017

Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod

American University Law Review

On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …


Holding The Fbi Accountable For Hacking Apple's Software Under The Takings Clause, Mark S. Levy Jan 2017

Holding The Fbi Accountable For Hacking Apple's Software Under The Takings Clause, Mark S. Levy

American University Law Review

Smartphones have swiftly replaced most-if not all-conventional methods of sending, receiving, and storing personal information. Letters, address books, calendars, and trips to the bank have been rendered obsolete by tools such as text messaging, digital contacts, iCal, and mobile banking apps. Although these digital alternatives are convenient, they are not immune from attack. Therefore, to remain competitive, technology companies must maintain safe and secure platforms on which users may freely store and share their personal information.

Apple Inc., for example, strives to protect its users' intimate information, consequently earning a reputation for prioritizing security. Like a king protecting his castle, …


Data Transmission And Energy Efficient Internet Data Centers, Joseph R. Briscar Jan 2017

Data Transmission And Energy Efficient Internet Data Centers, Joseph R. Briscar

American University Law Review

The internet is a marvel of human accomplishment and a feat of technological engineering, which allows nearly instantaneous communication across the globe-an act once considered the stuff of science fiction. It has been lauded for its environmental benefits, such as reducing paper production and waste, but, as with any great accomplishment, there are unintended consequences. The increased proliferation of electronic devices to access the internet and the exponential advancement of those devices results in large amounts of electronic waste-a problem in its own right. Compounding the issue, for all of those internet-enabled devices to work, they must rely on the …


Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou Jan 2017

Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou

American University National Security Law Brief

No abstract provided.


Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh Jan 2017

Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh

American University Law Review

No abstract provided.


Little Things And Big Challenges: Information Privacy And The Internet Of Things, Hillary Brill, Scott Jones Jan 2017

Little Things And Big Challenges: Information Privacy And The Internet Of Things, Hillary Brill, Scott Jones

American University Law Review

The Internet of Things (loT), the wireless connection of devices to ourselves, each other, and the Internet, has transformed our lives and our society in unimaginable ways. Today, billions of electronic devices and sensors collect, store, and analyze personal information from how fast we drive, to how fast our hearts beat, to how much and what we watch on TV. Even children provide billions of bits of personal information to the cloud through "smart" toys that capture images, recognize voices, and more. The unprecedented and unbridled new information flow generated from the little things of the loT is creating big …


Access To Data Across Borders: The Critical Role For Congress To Play Now, Jennifer Daskal Jan 2017

Access To Data Across Borders: The Critical Role For Congress To Play Now, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The 'Smart' Fourth Amendment, Andrew Ferguson Jan 2017

The 'Smart' Fourth Amendment, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life. Billions of sensors will soon collect data from smartphones, smart homes, smart cars, medical devices and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our bodies, houses, things, and digital effects fall within the Fourth Amendment’s protection of “persons, homes, papers, or effects”? Does interception of this information violate a “reasonable expectation of privacy?”The “Internet of Things” and the growing proliferation of smart devices create new opportunities for …