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Articles 1 - 11 of 11
Full-Text Articles in Law
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner
Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner
Nevada Law Journal
No abstract provided.
Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman
Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman
Nevada Law Journal
No abstract provided.
Public Video Surveillance And The Separation Of Powers, Lianhan Zhang
Public Video Surveillance And The Separation Of Powers, Lianhan Zhang
Maurer Theses and Dissertations
The thesis focuses on the response from the United States government on new challenges brought by the public video surveillance, in particular the privacy threat. Regarding regulating public video surveillance, the United States has gone on a different path, either from Britain with its similar political system or from China with a totally different one. The three branches of government in the U.S. are deadlocked and unable to take any meaningful actions. The Supreme Court, which is in a strong position to set national and uniform standards for privacy protection, has not found a way to break away from its …
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Seattle University Law Review
This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Michigan Telecommunications & Technology Law Review
This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …
Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi
Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez
Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez
Chicago-Kent Law Review
To cultivate the next twenty years of LatCrit theory, praxis, and community, the afterword looks back to LatCrit’s Critical Global Classroom (2003–04) (CGC), an ABA-accredited summer study-abroad program. The CGC invited U.S. law students to study comparative constitutionalism, law and society, and truth and reconciliation movements while sojourning Chile, Argentina, and South Africa under the question: “Shall the recent history of the Global South become the imminent fate of the Global North?” While enrolled in the 2004 CGC, the author learned about the extraordinary constitutional writ of habeas data, which various Latin American countries adopted as they reconstituted their …
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Articles
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. Some have suggested that what we have learned is that the NSA is running wild, lawlessly flouting legal constraints on its behavior. This assessment is unfair. In fact, the picture that emerges from …
The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov
The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov
University of Richmond Law Review
No abstract provided.