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Articles 1 - 30 of 42
Full-Text Articles in Law
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Brigham Young University Journal of Public Law
No abstract provided.
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
BYU Law Review
Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …
Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky
Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky
BYU Law Review
This Article identifies and analyzes a previously unrecognized source of positive externalities within cybersecurity, which we term "cybersecurity spillovers". Most commentators have focused on negative externalities and market failures, leading to a pervasive pessimism about the possibility of adequate cybersecurity protections. In response, this Article demonstrates that unique dynamics from the world of cloud computing – most notably, indivisibility – may force cloud service firms to generate spillovers. These spillovers are additional security protections provided to common cloud users: clients who may not have been willing or able to acquire these security services otherwise. Furthermore, this additional source of security …
State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic
State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic
BYU Law Review
No abstract provided.
Copyright’S Memory Hole, Eric Goldman, Jessica Silbey
Copyright’S Memory Hole, Eric Goldman, Jessica Silbey
BYU Law Review
There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.
The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel 1984.
This Article …
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
BYU Law Review
Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.
Traditional privacy pillars such as the home and secrecy of communications do …
Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer
Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer
Brigham Young University Education and Law Journal
No abstract provided.
Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy
Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy
Brigham Young University Education and Law Journal
No abstract provided.
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
BYU Law Review
No abstract provided.
The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes
The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes
BYU Law Review
No abstract provided.
The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown
Brigham Young University Education and Law Journal
No abstract provided.
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
BYU Law Review
No abstract provided.
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
BYU Law Review
No abstract provided.
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
BYU Law Review
No abstract provided.
Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons
Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons
Brigham Young University Education and Law Journal
No abstract provided.
Data Protection: The Challenges Facing Social Networking, Daniel B. Garrie, Maureen Duffy-Lewis, Rebecca Wong, Richard L. Gillespie
Data Protection: The Challenges Facing Social Networking, Daniel B. Garrie, Maureen Duffy-Lewis, Rebecca Wong, Richard L. Gillespie
Brigham Young University International Law & Management Review
No abstract provided.
Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist
Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist
Brigham Young University Journal of Public Law
No abstract provided.
International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors
International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors
Brigham Young University International Law & Management Review
No abstract provided.
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
BYU Law Review
No abstract provided.
Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix
Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix
Brigham Young University Education and Law Journal
No abstract provided.
Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner
Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner
Brigham Young University Journal of Public Law
No abstract provided.
Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White
Brigham Young University Education and Law Journal
No abstract provided.
The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins
The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins
Brigham Young University Journal of Public Law
No abstract provided.
The Eu Data Protection Directive: Implementing A Worldwide Data Protection Regime And How The U.S. Position Has Progressed, Seth P. Hobby
The Eu Data Protection Directive: Implementing A Worldwide Data Protection Regime And How The U.S. Position Has Progressed, Seth P. Hobby
Brigham Young University International Law & Management Review
No abstract provided.
"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower
"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower
Brigham Young University Education and Law Journal
No abstract provided.
Privacy Rights, School Choice, And The Ninth Amendment, Lawrence Lee Oldaker
Privacy Rights, School Choice, And The Ninth Amendment, Lawrence Lee Oldaker
Brigham Young University Education and Law Journal
No abstract provided.
Elvis Is Alive, But He Shouldn't Be: The Right Of Publicity Revisited, Lee Goldman
Elvis Is Alive, But He Shouldn't Be: The Right Of Publicity Revisited, Lee Goldman
BYU Law Review
No abstract provided.
The State Constitutional Right To Privacy Conflicts With Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon
The State Constitutional Right To Privacy Conflicts With Tax Reporting Requiremnets: The Florida Model, Daniel R. Gorgon
Brigham Young University Journal of Public Law
No abstract provided.
The Court, The Academy, And The Constitution: A Comment On Bowers V. Hardwick And Its Critics, Earl M. Maltz
The Court, The Academy, And The Constitution: A Comment On Bowers V. Hardwick And Its Critics, Earl M. Maltz
BYU Law Review
No abstract provided.
Confidentiality Of Tenure Review And Discovery Of Peer Review Materials, James H. Brooks
Confidentiality Of Tenure Review And Discovery Of Peer Review Materials, James H. Brooks
BYU Law Review
No abstract provided.