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Full-Text Articles in Law
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Notre Dame Law Review
Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of …
Note: The "Border" Of Constitutional Electronic Privacy Rights: Electronic Searches And Seizures At The United States' Territorial Limits, Ryan Garippo
Notre Dame Journal on Emerging Technologies
In the recent challenge brought before the First Circuit, the court was not required to directly answer what level of particularized suspicion is required for a forensic search. Although, its holding is consistent with the jurisprudence set forth by both the Fourth and Eleventh Circuits. Furthermore, it is important to note that there have been legal challenges brought on this issue in the Fifth, Seventh, and Tenth Circuits. However, in each of these cases, the court chose not to decide the constitutional question because it was not outcome determinative for the litigants in question. This disagreement between the federal circuit …
Note: Facial Recognition Technology And The Constitution, Mark Simonitis
Note: Facial Recognition Technology And The Constitution, Mark Simonitis
Notre Dame Journal on Emerging Technologies
Over the past several years, we have seen an increase in the adoption and use of facial recognition technology (FRT). Both private corporations and government organizations have increasingly used this technology over the past several years, and law enforcement agencies have been just as eager to utilize FRT in their operations. The potential uses for this technology in a law enforcement capacity are numerous. For example, FRT could be used to identify criminals whose faces were caught on surveillance footage, or it could be used to help identify citizens during border crossings. However, it is easy to imagine how an …
Outsourcing Privacy, Ari Ezra Waldman
Outsourcing Privacy, Ari Ezra Waldman
Notre Dame Law Review Reflection
An underappreciated part of the narrative of privacy managerialism—and the focus of this Essay—is the information industry’s increasing tendency to outsource privacy compliance responsibilities to technology vendors. In the last three years alone, the International Association of Privacy Professionals (IAPP) has identified more than 250 companies in the privacy technology vendor market. These companies market their products as tools to help companies comply with new privacy laws like the General Data Protection Regulation (GDPR), with consent orders from the Federal Trade Commission (FTC), and with other privacy rules from around the world. They do so by building compliance templates, pre-completed …
The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor
The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor
Notre Dame Law Review
Schrems II invalidated Privacy Shield because the court found that it did not provide an “essentially equivalent” level of protection compared to the guarantees of the GDPR. The National Security Agency (NSA) operated surveillance programs that had the potential to infringe on the rights of EU subjects, and there was a lack of oversight and effective judicial remedies to protect rights of EU data subjects, which undermined Privacy Shield as a mechanism for data transfers. This Note sets aside the surveillance and national security issue, which would require resolution through a shift in overall U.S. national security law, and instead …
Note: Scraping Photographs, Maggie King
Note: Scraping Photographs, Maggie King
Notre Dame Journal on Emerging Technologies
This note explores whether any existing laws prohibit scraping photographs, as suggested by Facebook and other big tech companies’ recent actions against Clearview. After examining each potential claim, this note argues that no existing law should be construed to hold Clearview liable for scraping photographs, because doing so would create inconsistencies in existing law. But also, the apparent legality of Clearview’s scraping activity presents an argument for a reversal of the recent trend towards laws that, guided by the principle of a free and open internet, favor scraping. Rather, the apparent legality of activity that ultimately enables otherwise unrestrained modern …
Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar
Cyber-Security, Privacy, And The Covid-19 Attenuation?, Vincent J. Samar
Journal of Legislation
Large-scale data brokers collect massive amounts of highly personal consumer information to be sold to whoever will pay their price, even at the expense of sacrificing individual privacy and autonomy in the process. In this Article, I will show how a proper understanding and justification for a right to privacy, in context to both protecting private acts and safeguarding information and states of affairs for the performance of such acts, provides a necessary background framework for imposing legal restrictions on such collections. This problem, which has already gained some attention in literature, now becomes even more worrisome, as government itself …