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Articles 1 - 30 of 36
Full-Text Articles in Law
Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski
Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski
Publications
Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …
Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen
Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen
All Faculty Scholarship
In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common law privacy right asserted that a free white man whose photograph is published without his consent in …
The Inalienable Right Of Publicity, Jennifer E. Rothman
The Inalienable Right Of Publicity, Jennifer E. Rothman
All Faculty Scholarship
This article challenges the conventional wisdom that the right of publicity is universally and uncontroversially alienable. Courts and scholars have routinely described the right as a freely transferable property right, akin to patents or copyrights. Despite such broad claims of unfettered alienability, courts have limited the transferability of publicity rights in a variety of instances. No one has developed a robust account of why such limits should exist or what their contours should be. This article remedies this omission and concludes that the right of publicity must have significantly limited alienability to protect the rights of individuals to control the …
Four Easy Pieces To Balance Privacy And Accountability In Public Higher Education: A Response To Wrongdoing Ranging From Petty Corruption To The Sandusky And Penn State Tragedy, Robert E. Steinbuch
Four Easy Pieces To Balance Privacy And Accountability In Public Higher Education: A Response To Wrongdoing Ranging From Petty Corruption To The Sandusky And Penn State Tragedy, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Access For All: A Review Of “Law Libraries, Government Transparency, And The Internet,” A Presentation By Daniel Schuman Of The Sunlight Foundation At The All-Sis Meeting, July 22, 2012, Susan David Demaine
Access For All: A Review Of “Law Libraries, Government Transparency, And The Internet,” A Presentation By Daniel Schuman Of The Sunlight Foundation At The All-Sis Meeting, July 22, 2012, Susan David Demaine
Articles by Maurer Faculty
Attendees at the ALL-SIS Breakfast and Business Meeting at the AALL Annual Meeting had the pleasure of hearing from Daniel Schuman of the Sunlight Foundation speak on “Law Libraries, Government Transparency, and the Internet.” The Sunlight Foundation is a nonpartisan, nonprofit organization whose mission is to increase access to federal government information resources through advocacy and the development of information technology tools.
The Class Differential In Privacy Law, Michele E. Gilman
The Class Differential In Privacy Law, Michele E. Gilman
All Faculty Scholarship
This article analyzes how privacy law fails the poor. Due to advanced technologies, all Americans are facing corporate and governmental surveillance. However, privacy law is focused on middle-class concerns about limiting the disclosure of personal data so that it is not misused. By contrast, along the welfare-to-work continuum, poor people face privacy intrusions at the time that the state or their employers gather data. This data collection tends to be stigmatizing and humiliating, and it thus not only compounds the harmful effects of living in poverty, but also dampens democratic participation by the poor. The poor interact with the government …
Privacy Rights: The Virtue Of Protecting A False Reputation, John A. Humbach
Privacy Rights: The Virtue Of Protecting A False Reputation, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
What is the virtue of protecting a false reputation? The thesis of this paper is that there is none. There is none, at least, that justifies the suppression of free speech. Yet, there is a growing trend to see the protection of reputation from truth as a key function of the so-called “right of privacy.”
Unfortunately, people often do things that they are not proud of or do not want others to know about. Often, however, these are precisely the things that others want or need to know. For our own protection, each of us is better off being aware …
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Hard To Believe: The High Cost Of A Biometric Identity Card, A. Michael Froomkin, Jonathan Weinberg
Hard To Believe: The High Cost Of A Biometric Identity Card, A. Michael Froomkin, Jonathan Weinberg
Short Works
No abstract provided.
Privacy, Copyright, And Letters, Jeffrey L. Harrison
Privacy, Copyright, And Letters, Jeffrey L. Harrison
UF Law Faculty Publications
The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
Faculty Scholarship
No abstract provided.
The Once And Future Networked Self, Steven Wilf
The Once And Future Networked Self, Steven Wilf
Faculty Articles and Papers
No abstract provided.
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
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 …
Juror Privacy In The Sixth Amendment Balance, Melanie D. Wilson
Juror Privacy In The Sixth Amendment Balance, Melanie D. Wilson
Scholarly Articles
Some eight million citizens report for jury duty every year. Arguably, jury duty is one of the most significant opportunities to participate in the democratic process. For the accused, the jury acts as an indispensable safeguard against government overreaching. One might expect, therefore, that our justice system would treat potential jurors with care and tact. The opposite is true. During voir dire, prospective jurors are required to share insights into their own lives, quirks, proclivities, and beliefs. Litigants have probed jurors’ sexual orientation, criminal histories, criminal victimization, health, family relations, and beyond. A few scholars have chided the system for …
Saving Privacy From History, Samantha Barbas
Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson
Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson
All Faculty Scholarship
Over two centuries have passed since Benjamin Franklin quipped that we should defend privacy over security if people wanted either privacy or security. Although his axiom did not become a rule of law in its original form, its principles found voice in the Fourth and Fifth Amendments of the Constitution's Bill of Rights. To a lesser extent, provisions against the quartering of troops in private homes found in the Third Amendment also support the idea that what a government can require you to do, or who you must have behind the doors of your home, is an area of grave …
Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?, Amy Vorenberg
Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?, Amy Vorenberg
Law Faculty Scholarship
This article argues that searches of student’s cell phone should require a warrant in most circumstances. The amount and personal nature of information on a smart phone warrants special Fourth Amendment protection. This issue is particularly relevant in the public school setting where administrators routinely confiscate phones from students caught using them in school. With more frequency, administrators are looking at the phones, scrolling through text messages and photos, and on some occasions, responding to text messages.
The U.S. Supreme Court in Safford v. Redding, acknowledges the special considerations that school children should be afforded in part because of the …
How The Movies Became Speech, Samantha Barbas
How The Movies Became Speech, Samantha Barbas
Journal Articles
In its 1915 decision in Mutual Film v. Industrial Commission of Ohio, the Supreme Court held that motion pictures were, as a medium, unprotected by freedom of speech and press because they were mere “entertainment” and “spectacles” with a “capacity for evil.” Mutual legitimated an extensive regime of film censorship that existed until the 1950s. It was not until 1952, in Burstyn v. Wilson, that the Court declared motion pictures to be, like the traditional press, an important medium for the communication of ideas protected by the First Amendment. By the middle of the next decade, film censorship in the …
The Laws Of Image, Samantha Barbas
The Laws Of Image, Samantha Barbas
Journal Articles
We live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and the impressions we make on others. The advent of this image-consciousness has been a familiar subject of commentary by social and cultural historians, yet its legal implications have not been explored. This article argues that one significant legal consequence of the image society was the evolution …
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
Articles by Maurer Faculty
Advances in technology—including the growing use of cloud computing by individuals, agencies, and organizations to conduct operations and store and process records—are enabling the systematic collection and use of personal data by state and federal governments for a variety of purposes.
These purposes range from battling crime and terrorism to assessing public policy initiatives and enforcing regulatory regimes. To aid these efforts, governments are promoting mandatory retention and reporting of data by online service providers and the expansion of laws that facilitate wiretaps to greater portions of the web.
The legal framework for protecting individual privacy within this growing world …
The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Electronic Evidence In Canada, Robert Currie, Steve Coughlan
Electronic Evidence In Canada, Robert Currie, Steve Coughlan
Articles, Book Chapters, & Popular Press
This chapter discusses the issues surrounding electronic evidence in Canada. Topics discussed include the best evidence rule, electronic signatures, web-based evidence, and video-tape and security camera evidence. In addition rules around protection of privacy, discovery, and confidentiality are pursued. Finally the chapter also considers the many issues which arise around gathering electronic evidence in the criminal context, including wiretaps, general warrants, and searches of computers and cell phones.
Cybercrime, Ronald C. Griffin
Cybercrime, Ronald C. Griffin
Journal Publications
This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.
Systematic Government Access To Private-Sector Data, Fred H. Cate, James X. Dempsey, Ira S. Rubenstein
Systematic Government Access To Private-Sector Data, Fred H. Cate, James X. Dempsey, Ira S. Rubenstein
Articles by Maurer Faculty
No abstract provided.
The Intricacies Of Independence, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantession
The Intricacies Of Independence, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantession
Articles by Maurer Faculty
No abstract provided.
The End Of The Beginning, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
The End Of The Beginning, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article begins from the premise that successful regulation of environmentally significant individual behaviors could achieve meaningful environmental benefits and argues that (1) technology is increasingly making information about individual environmental behaviors and associated harms more accessible; (2) better information about environmentally significant individual behaviors could substantially enhance fledgling efforts to regulate those behaviors; and (3) use of technology-enabled personal environmental information in support of regulation will require the resolution of myriad privacy concerns. The Article seeks to generate and inform a discussion about the appropriate balance between access to personal environmental information and privacy by identifying how regulation can …
The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas
The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas
Journal Articles
The American press, it’s been said, is freer to invade personal privacy than perhaps any other in the world. The tort law of privacy, as a shield against unwanted media exposure of private life, is very weak. The usual reason given for the weakness of U.S. privacy law as a bar on the publication of private information is the strong tradition of First Amendment freedom. But “freedom of the press” alone cannot explain why liberty to publish has been interpreted as a right to print truly intimate matters or to thrust people into the spotlight against their will. Especially in …
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Publications
No abstract provided.