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Articles 1 - 30 of 148
Full-Text Articles in Law
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
William & Mary Bill of Rights Journal
We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious.
As for ambition, the Court …
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
William & Mary Bill of Rights Journal
This Article addresses touch DNA, chemical analysis of skin traces, and the implications for crime scene investigation, arguing that changes in how trace evidence is analyzed require alterations in the law’s approach to its use. Part I discusses the history of traditional DNA analysis. Part II examines the emergence of touch DNA and related technologies and how they differ from traditional DNA analysis. Part III outlines the specific risks created by the collection and storing of results under the current outdated jurisprudence. Part IV focuses on specific risks to suspects and victims of crime. Part V proposes a legal framework …
The Fourth Amendment Disclosure Doctrines, Monu Bedi
The Fourth Amendment Disclosure Doctrines, Monu Bedi
William & Mary Bill of Rights Journal
The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-standing hurdles to Fourth Amendment protection. These doctrines have become increasingly relevant to assessing the government’s use of recent technologies such as data mining, drone surveillance, and cell site location data. It is surprising then that both the Supreme Court and scholars, at times, have associated them together as expressing one principle. It turns out that each relies on unique foundational triggers and does not stand or fall with the other. This Article tackles this issue and provides a comprehensive topology for analyzing the respective contours of each …
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
William & Mary Bill of Rights Journal
In at least two recent cases, courts have rejected service providers’ capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular third-party litigant could not. In the situations presented by the recent cases, by …
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law
Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Brooklyn Journal of Corporate, Financial & Commercial Law
The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein
Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein
Journal of Legislation
No abstract provided.
An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short
An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short
Maine Law Review
The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article …
Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky
Maine Law Review
Our personal information is constantly being recorded, stored and analyzed. Commercial entities watch our every action, storing this data and analyzing it in conjunction with information acquired from third parties. These entities use this knowledge to their benefit (and at times, our detriment) by discriminating between various customers on the basis of this personal information. At the same time, in the media market, large conglomerates can now provide specifically tailored content to individual customers on the basis of such data, thus potentially controlling their perspectives and impairing their autonomy. The expanding use of data mining applications, which enable vendors to …
Slave To The Algorithm? Why A 'Right To An Explanation' Is Probably Not The Remedy You Are Looking For, Lilian Edwards, Michael Veale
Slave To The Algorithm? Why A 'Right To An Explanation' Is Probably Not The Remedy You Are Looking For, Lilian Edwards, Michael Veale
Duke Law & Technology Review
Algorithms, particularly machine learning (ML) algorithms, are increasingly important to individuals’ lives, but have caused a range of concerns revolving mainly around unfairness, discrimination and opacity. Transparency in the form of a “right to an explanation” has emerged as a compellingly attractive remedy since it intuitively promises to open the algorithmic “black box” to promote challenge, redress, and hopefully heightened accountability. Amidst the general furore over algorithmic bias we describe, any remedy in a storm has looked attractive. However, we argue that a right to an explanation in the EU General Data Protection Regulation (GDPR) is unlikely to present a …
Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney
Maine Law Review
In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably occur before the convention started. …
Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott
Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott
Duke Law & Technology Review
After granting permission to the Internal Revenue Service to serve a digital exchange company a summons for user information, the Federal District Court for the Northern District of California created some uncertainty regarding the privacy of cryptocurrencies. The IRS views this information gathering as necessary for monitoring compliance with Notice 2014-21, which classifies cryptocurrencies as property for tax purposes. Cryptocurrency users, however, view the attempt for information as an infringement on their privacy rights and are seeking legal protection. This Issue Brief investigates the future tax implications of Notice 2014-21 and considers possible routes the cryptocurrency market can take to …
When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon
When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Blethen Maine Newspapers, Inc. V. State: Balancing The Public's Right To Know Against The Privacy Rights Of Victims Of Sexual Abuse, Kenleigh A. Nicoletta
Blethen Maine Newspapers, Inc. V. State: Balancing The Public's Right To Know Against The Privacy Rights Of Victims Of Sexual Abuse, Kenleigh A. Nicoletta
Maine Law Review
In Blethen Maine Newspapers, Inc. v. State, a sharply divided Maine Supreme Judicial Court, sitting as the Law Court, held that release of records relating to Attorney General G. Steven Rowe's investigation of alleged sexual abuse by Catholic priests was warranted under Maine's Freedom of Access Act (FOAA). Although such investigative records are designated confidential by statute, the majority held that the public's interest in the contents of the records mandated their disclosure after all information identifying persons other than the deceased priests had been redacted. The concurrence asserted that the majority had reached the correct conclusion, but in so …
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Catholic University Law Review
As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take action against businesses …
Neighborhood Watch 2.0: Private Surveillance And The Internet Of Things, Daniel Healow
Neighborhood Watch 2.0: Private Surveillance And The Internet Of Things, Daniel Healow
Washington Journal of Law, Technology & Arts
The use of low-cost cameras and internet-connected sensors is sharply increasing among local law enforcement, businesses, and average Americans. While the motives behind adopting these devices may differ, this trend means more data about the events on Earth is rapidly being collected and aggregated each day. Current and future products, such as drones and self-driving cars, contain cameras and other embedded sensors used by private individuals in public settings. To function, these devices must passively collect information about other individuals who have not given the express consent that is commonly required when one is actively using an online service, such …
Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta
Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta
Florida State University Law Review
No abstract provided.
The Drone Wars: The Need For Federal Protection Of Individual Privacy, Toban Platt
The Drone Wars: The Need For Federal Protection Of Individual Privacy, Toban Platt
Washington Journal of Law, Technology & Arts
Drones—also known as unmanned aerial vehicles—are lightweight, easy to use, and relatively inexpensive aircraft with a wide variety of applications. Drone popularity has recently exploded, with an estimated two million recreational drones sold in 2016 and analysts predicting that sales will increase to 4.3 million units sold annually by 2020. With this increased popularity comes increased concerns about how they will be used and who will fly them. The Federal Aviation Administration (FAA) and state legislatures have created drone-specific legislation and rules governing drone use. However, these rules and regulations are more concerned with regulating drones with in relation to …
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon
Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon
Oklahoma Journal of Law and Technology
No abstract provided.
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner
Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner
Oklahoma Journal of Law and Technology
No abstract provided.
Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe
Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe
Oklahoma Journal of Law and Technology
No abstract provided.
Health Information Technology And Hipaa: Can We Satisfy Security And Privacy Standards In The Digital Age, Robert Malone
Health Information Technology And Hipaa: Can We Satisfy Security And Privacy Standards In The Digital Age, Robert Malone
Oklahoma Journal of Law and Technology
No abstract provided.
Looking For Lagniappe: Publicity As A Culprit To Social Networking Websites, Kristin Decker
Looking For Lagniappe: Publicity As A Culprit To Social Networking Websites, Kristin Decker
Oklahoma Journal of Law and Technology
No abstract provided.
Not So Fast: Quon V. Arch Wireless Is Not Employees' License To Text The Workday Away, Amanda R. Higgins
Not So Fast: Quon V. Arch Wireless Is Not Employees' License To Text The Workday Away, Amanda R. Higgins
Oklahoma Journal of Law and Technology
No abstract provided.
Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius
Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius
Texas A&M Law Review
Finding a happy medium is hard. Often, it is a challenge to find a workable balance between two unworkable extremes. Known as the “Goldilocks Principle,” this phenomenon has been observed in fields as diverse as developmental psychology and astrobiology. As Goldilocks found in the Three Bears’ house, “just right” may not come on the first attempt. We may have to explore the extremes of the spectrum—“too hot” and “too cold”—before we can settle on “just right. Goldilocks also discovered that this process is all the more difficult in a new environment—like the Three Bears’ house. Goldilocks persevered, however, until she …
Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott
Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott
Oklahoma Journal of Law and Technology
No abstract provided.
Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee
Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee
Maine Law Review
Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which the First …