Law Commons^™

Disinformation And The Defamation Renaissance: A Misleading Promise Of “Truth”, Lili Levi

University of Richmond Law Review

Today, defamation litigation is experiencing a renaissance, with progressives and conservatives, public officials and celebrities, corporations and high school students all heading to the courthouse to use libel lawsuits as a social and political fix. Many of these suits reflect a powerful new rhetoric—reframing the goal of defamation law as fighting disinformation. Appeals to the need to combat falsity in public discourse have fueled efforts to reverse the Supreme Court’s press–protective constitutional limits on defamation law under the New York Times v. Sullivan framework. The anti–disinformation frame could tip the scales and generate a majority on the Court to dismantle …

The Commercialization Of Crime Solving: Ethical Implication Of Forensic Genetic Genealogy, Hannah Lee

Honors Theses

With the advancement of DNA technology and expansion of direct-to-consumer DNA services, a growing number of cold cases have been solved using a revolutionary new investigative method: familial DNA mapping. While the technique has been lauded by law enforcement as revolutionizing criminal identification, others are concerned by the privacy implications and impact on the family structure. In this thesis I will draw on communitarian, liberal rights, utilitarian, and social justice arguments for and against the practice. I conclude that this method has the potential to increase security and provide justice for victims and families, but absent comprehensive regulation and privacy …

Drones And Data: A Limited Impact On Privacy, David Sella-Villa

University of Richmond Law Review

Concerns about drones and their impact on privacy are misplaced. Most of the scenarios discussed in the academic literature and policy commentary simply assume that drones operate in a unique way. These discussions of drones and privacy have left the antecedent question unexamined—precisely how do drones impact privacy? This Article is the first to clearly define the operational parameters of drones that impact privacy in a unique way. From this precise definition, we learn that drones operate in very few spaces that allow them to capture data inaccessible to other technologies. In short, how drones operate has a limited impact …

Katz V. United States: Back To The Future?, Michael Vitiello

University of Richmond Law Review

No abstract provided.

"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox

University of Richmond Law Review

No abstract provided.

Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott

University of Richmond Law Review

The purpose of this article is to explore the threats posed by

cybersecurity breaches, outline the steps taken by the government

to address those threats in the private sector economy, and

call attention to the ultimate solution, which will most certainly

spur private businesses to create a more secure cyber environment

for the American people-a Connie Francis-styled cyber civil

action lawsuit.

Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini

Law Student Publications

“‘Yay, you’re here!’ Barbie said eagerly. ‘This is so exciting. What’s your name?’…’I just know we’re going to be great friends.’” With a simple greeting, Hello Barbie has infiltrated your child’s life. Each time your child wishes to engage, they simply press on Barbie’s belt buckle and speak. Unlike other talking toys, the button on Barbie’s belt is not to play one of the pre-recorded statements that are installed in the toy. Instead, the button is used to record and transmit what your child says to an online storage cloud where it will be reviewed and used to create an …

Dna Without Warrant: Decoding Privacy, Probable Cause And Personhood, Ken Strutin

Richmond Public Interest Law Review

In Part I, this article explores the challenges to privacy, personhood and probable cause raised by DNA collection as identification sanctioned in Maryland v. King. Part II considers the presumed infallibility of DNA testing that undergirds the Supreme Court's embracement of genetic identification. Lastly, in Part III, this article will try to decipher the Court's Fourth Amendment logic in denying privacy to the information in human cells but embracing them in cell phones in Riley v. California

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain

Richmond Public Interest Law Review

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, The Honorable Mark Obesnshain, The Honorable Jay Leftwich

Richmond Journal of Law and the Public Interest

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.

The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer

Richmond Journal of Law & Technology

The next great wave of Internet-enabled innovation has arrived, and it is poised to revolutionize the way humans interact with the world around them. This paper highlights some of the opportunities presented by the rise of the so-called Internet of Things (IoT) in general and wearable technology in particular and encourages policymakers to allow these technologies to develop in a relatively unabated fashion.

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Richmond Journal of Law & Technology

Privacy is not simply an absence of information about us in the minds of others; rather it is the control we have over information about ourselves. The volume of information that people create themselves—the full range of communications from voice calls, e-mails and texts to uploaded pictures, video, and music—pales in comparison to the amount of digital information created about them each day.

Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber

Richmond Journal of Law & Technology

Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”

Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles

Richmond Journal of Law & Technology

The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.

Dna Without Warrant: Decoding Privacy, Probable Cause And Personhood, Ken Strutin

Richmond Journal of Law and the Public Interest

In Part I, this article explores the challenges to privacy, personhood and probable cause raised by DNA collection as identification sanctioned in Maryland v. King. Part II considers the presumed infallibility of DNA testing that undergirds the Supreme Court's embracement of genetic identification. Lastly, in Part III, this article will try to decipher the Court's Fourth Amendment logic in denying privacy to the information in human cells but embracing them in cell phones in Riley v. California

Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz

Richmond Journal of Law & Technology

Merger and Acquisition or “M&A” deals are both figuratively and literally big business, where the stakes for the organization are often the highest. While casual observers might expect that the importance attached to these deals makes each new deal the vanguard for incorporating metrics and practices regarding every efficiency and contingency, existing research demonstrates that this is decidedly not the case.

Riley V. California: The New Katz Or Chimel?, Adam Lamparello, Charles Maclean

Richmond Journal of Law & Technology

To declare that in the administration of the criminal law the end justifies the means—to declare that the Government may commit crimes in order to secure the conviction of a private criminal—would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.

Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson

Richmond Journal of Law & Technology

On December 19, 2013, the retailer Target announced that unauthorized third parties had gained access to its customer payment information. While Target originally estimated that the security breach affected 40 million of its customers, a subsequent investigation revealed that anywhere from 70 to 110 million people—almost one in three Americans—may have had their sensitive payment information stolen. In response, the retailer offered free credit monitoring services and assured affected customers that they would not be responsible for fraudulent charges made with their payment information.

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Public Interest Law Review

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Journal of Law and the Public Interest

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm

Richmond Journal of Law & Technology

Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.

Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch

Richmond Journal of Law & Technology

The advertisements you see while browsing the Internet are rarely accidental. For instance, Alliance Data, one of many new companies in the booming data-marketing industry, can instantaneously recognize that a user visiting their client’s website is Joel Stein, a thirty-nine year-old, college educated male, who makes over $125,000 a year. Alliance Data also knows that Joel is likely to make purchases online, but only spends about $25 dollars a purchase. Using this information, and the specifics of over 100 of Joel’s past online purchases, Alliance Data creates advertisements specifically tailored to Joel and displays them as he continues to browse …

Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan

Richmond Journal of Law & Technology

In the Internet savvy and technology dependent world of today, it is difficult to imagine life without Google Maps. The pioneer web- mapping platform provides users with a number of free services, ranging from simple directions to high-resolution imagery of terrain. The service has revolutionized travel, providing guidance and resources to more than just the directionally challenged. Contributing to this notoriety was Google’s addition of “Street View” to the array of mapping functions in May of 2007. As its name implies, the Street View function allows users to view enhanced, 360-degree snapshots of homes, streets and other public property. According …

Changing Tides: A Lesser Expectation Of Privacy In A Post 9/11 World, Derek M. Alphran

Richmond Journal of Law and the Public Interest

In sum, the Court has in recent years balanced the degree of government intrusion of the individual or place searched against the government's need for the search. This article addresses some of the questions posed by the evolution of the Fourth Amendment doctrine in light of terrorist concerns since 9/11. Part II will address the history of Fourth Amendment jurisprudence, from the Boyd Era of property protection and the use of general warrants to discover evidence of crime, to Olmstead and the development of the right of privacy under the Fourth Amendment. Part III will address the modern test under …

Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky

Richmond Public Interest Law Review

According to the Virginia Department of State Police, there has been a legislative effort in 2008 and 2009 over the past two years to ensure that essential data from protective orders1 is entered into the Virginia Criminal Information Network ("VCIN") immediately upon the order's issuance. While data entry may seem like a dull topic, the following story highlights the dire significance of this seemingly mundane task.

Changing Tides: A Lesser Expectation Of Privacy In A Post 9/11 World, Derek M. Alphran

Richmond Public Interest Law Review

In sum, the Court has in recent years balanced the degree of government intrusion of the individual or place searched against the government's need for the search. This article addresses some of the questions posed by the evolution of the Fourth Amendment doctrine in light of terrorist concerns since 9/11. Part II will address the history of Fourth Amendment jurisprudence, from the Boyd Era of property protection and the use of general warrants to discover evidence of crime, to Olmstead and the development of the right of privacy under the Fourth Amendment. Part III will address the modern test under …

Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky

Richmond Journal of Law and the Public Interest

According to the Virginia Department of State Police, there has been a legislative effort in 2008 and 2009 over the past two years to ensure that essential data from protective orders1 is entered into the Virginia Criminal Information Network ("VCIN") immediately upon the order's issuance. While data entry may seem like a dull topic, the following story highlights the dire significance of this seemingly mundane task.

California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner

Richmond Journal of Law & Technology

Attacks on poorly-secured information systems containing personal information are nearing epidemic proportion. Hardly a month passes without a news story regarding a security breach that exposed hundreds or thousands of data subjects’ personal information. As dependence on e-Commerce continues to expand, personal information stolen from poorly secured systems is becoming a multi-billion-dollar industry.

Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A.W. Khatcheressian

Law Faculty Publications

The devastating terrorist attacks against the United States on September 11, 2001, destroyed the World Trade Center in New York City, badly damaged the Pentagon, and took the lives of thousands of individuals. As more details became available about the terrorists who hijacked four U.S. planes to carry out these deadly attacks, universities around the U.S. struggled with the news that several of the hijackers had entered the U.S. on, or had later applied for, "student" visas. University officials began to grapple with new questions presented by these attacks: What responsibilities do the universities have to report foreign students who …

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.