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Full-Text Articles in Law

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond Jan 2018

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

All Faculty Scholarship

No abstract provided.


Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews May 2017

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

All Faculty Scholarship

What type of information is collected, who is viewing it, and what law librarians can do to protect their patrons and institutions.


I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert Sloan Jan 2016

I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert Sloan

All Faculty Scholarship

No abstract provided.


Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan Oct 2014

Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan

All Faculty Scholarship

The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the …


Where's Waldo?: Geolocation, Mobile Apps, And Privacy, Lori Andrews Jul 2013

Where's Waldo?: Geolocation, Mobile Apps, And Privacy, Lori Andrews

All Faculty Scholarship

No abstract provided.


To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond Jan 2012

To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond

All Faculty Scholarship

Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …


Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan Jan 2011

Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan

All Faculty Scholarship

Unauthorized access to online information costs billions of dollars per year. Software vulnerabilities are a key. Software currently contains an unacceptable number of vulnerabilities. The standard solution notes that the typical software business strategy is to keep costs down and be the first to market even if that means the software has significant vulnerabilities. Many endorse the following remedy: make software developers liable for negligent or defective design. This remedy is unworkable. We offer an alternative based on an appeal to product-risk norms. Product-risk norms are social norms that govern the sale of products. A key feature of such norms …


Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner Mar 2010

Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner

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Informational privacy is a matter of control; it consists in the ability to control when one’s personal information is collected, how it is used, and to whom it is distributed. The degree of control we once enjoyed has vanished. Advances in information processing technology now give others considerable power to determine when personal information is collected, how it is used, and to it is whom distributed. Privacy advocates sound the alarm in regard to both the governmental and private sectors. I focus exclusively on the later. Relying on the extensive privacy advocate literature, I assume we should try to regain …


Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma Dec 2008

Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma

All Faculty Scholarship

New York City authorities in 2006 formulated a policy requiring that medical data from all diabetics in the City be stored in a centralized registry. This diabetic registry is the first in the nation to require collection of personal testing data for the purpose of monitoring treatments for a noninfectious disease. The registry represents an important step on the path toward better understanding and managing of the disease. Nonetheless, establishment of the registry threatens privacy in a number of ways. Many individuals are open about their diabetes, but others prefer to keep that information to themselves, whether because of concerns …


Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz Feb 2007

Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz

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This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in …


Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have All The Answers, Edward C. Harris Jan 2007

Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have All The Answers, Edward C. Harris

All Faculty Scholarship

No abstract provided.


False Alarm? (With Margaret G. Stewart), Henry H. Perritt Jr. Mar 1999

False Alarm? (With Margaret G. Stewart), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


False Alarm?, Margaret G. Stewart Mar 1999

False Alarm?, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.