Law Commons^™

Private Letters And The Law: Edith Wharton’S Questions About Ownership And The Right To Publish Private Letters, Deborah Hecht

Touro Law Review

No abstract provided.

Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett

Touro Law Review

No abstract provided.

Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park

Susan Park

Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.

Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner

Buffalo Law Review

No abstract provided.

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.

Immigration Surveillance, Anil Kalhan

Anil Kalhan

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …

The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes

BYU Law Review

No abstract provided.

Privacy, Copyright, And Letters, Jeffrey Harrison

Jeffrey L Harrison

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 Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

Stephanie Bornstein

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …

Stopping Police In Their Tracks: Protecting Cellular Location Information Privacy In The Twenty-First Century, Stephen Wagner

Duke Law & Technology Review

Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have struggled to keep pace with a changing technological landscape. Indeed, courts around the country have issued a disparate array of holdings on the issue of warrantless cell phone tracking. This lack of judicial uniformity has led to confusion for both law enforcement agencies and the public alike. In order to protect reasonable expectations of privacy in the twenty-first century, Congress should pass legislation …

Regulating Aerial Photography And Videography Proportionately: Some Thoughts On The Sal Seminar “Droning On About Journalism – Remotely Piloted Aircraft, Newsgathering, And Law”, Siyuan Chen

Research Collection Yong Pung How School Of Law

The concept and practice of aerial photography and videography have been around for some time. But it was only in the last few years that such media production via remote means has achieved mainstream use. The convergence of cutting-edge technological developments in gyroscopic gimbals, far-range wireless transmissions, GPS-enablement in stabilisation, compact devices producing digital image quality and so forth has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot reasonably well with ease. Thus far, there have not been any reports of serious mishaps involving the use of these rotor-propelled copters. However, the controversial appellation inaccurately …

Celebrity Nude Photo Leak: Just One More Reminder That Privacy Does Not Exist Online And Legally, There’S Not Much We Can Do About It, Laurel O'Connor

GGU Law Review Blog

No abstract provided.

Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren Morrison

Caren Myers Morrison

Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability, instead of enabling greater public understanding, risks degrading …

Foreign Direct Investment In Brazil From 2006 To 2008: Economic And Juridical Analysis Of American Depositary Receipts In The Brazilian Market, Claudia Ribeiro Pereira Nunes

Claudia Ribeiro Pereira Nunes

This paper studies the impact of American Depositary Receipts on the growth aspect of the Brazilian market and attempts to measure the market’s ability to foster the formation of new enterprises and encourage Brazil economic expansion. The hypothesis of this paper examines whether investment allocation decisions of mutual fund managers have helped or hindered the development of the local stock market in Brazil. For this study, it is necessary to investigate two research subjects: (i) the set of Brazilian macroeconomic policies performance, (ii) and exploration of the juridical structure of American Depositary Receipts. Research methodologies are theoretical literature review and …

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

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 …

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski

Faculty Publications By Year

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

Target, Negligence, Chips, And Chickens, Jesse D. Gossett

Jesse D Gossett

SHOPPING ON BLACK FRIDAY. It’s almost as American as baseball and apple pie. But during the 2013 holiday season, over forty million U.S. citizens experienced what is increasingly becoming a uniquely American problem: face-to-face (“FTF”) credit card fraud. This online article briefly explores the problems of data hacking and credit card fraud. It then looks at how European countries have largely avoided the problem and what American consumers can do to minimize the problem here.

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.

Loud Talk About A Quiet Issue: The International Atomic Energy Agency's Struggle To Maintain The Confidentiality Of Information Gained In Nuclear Facility Inspections, Alison Van Lear

Georgia Journal of International & Comparative Law

No abstract provided.

Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale

Faculty Scholarship

Hidden algorithms drive decisions at major Silicon Valley and Wall Street firms. Thanks to automation, those firms can approve credit, rank websites, and make myriad other decisions instantaneously. But what are the costs of their methods? And what exactly are they doing with their digital profiles of us?

Leaks, whistleblowers, and legal disputes have shed new light on corporate surveillance and the automated judgments it enables. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only …

Summary Of Franchise Tax Board Of The State Of California V. Hyatt, 130 Nev. Adv. Op. 71, Stacy Newman, Jennifer Odell, Jaymes Orr, Patrick Phippen

Nevada Supreme Court Summaries

The Court (1) affirmed the intentional tort and bad faith exceptions to discretionary-function immunity under NRS 41.032; (2) recognized the common law tort of publicity in a false light; (3) adopted the sliding-scale approach to proving a claim of intentional infliction of emotional distress; (4) determined comity does not demand granting immunity from suit to foreign state government agencies if immunity would be available under that state’s laws, but not under Nevada law; and (5) determined comity does not require extending statutory caps to foreign state government agencies even if provided by law to Nevada government agencies.

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.

Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole

Georgia Journal of International & Comparative Law

No abstract provided.

Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.

Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger

West Virginia Law Review

No abstract provided.

The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act, Warren B. Chik, Keep Ying Joey Pang

Research Collection Yong Pung How School Of Law

It is important to examine and determine the meaning of “personal data” as it is the subject matter of the Singapore Data Protection regime. What constitutes “personal data” determines the scope of the Personal Data Protection Act. Although it is defined under the Act, the experience in other jurisdictions has shown that the elements of that (and other forms of ) definition can still give rise to some difficulty in its application to specific cases. In this paper, the authors aim to provide some guidance and recommendations for the interpretation of “personal data” within the context of legislative intent and …

Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

More Than Meets The Eye With New Google Contact Lenses, Alec Wheatley

GGU Law Review Blog

Technology informs privacy. This is the lesson we relearn every time a company puts out a new product that changes the way we interact with the world and each other. The recent disclosure of Google’s filings with the United States Patent and Trademark Office last year for a contact-embedded “image capture component” (read: camera) caused a flurry of commentary by privacy hawks and tech fans alike.

This raises the question: if the contacts are invisible to others so that it’s impossible to know if someone is wearing them, how can you know if they are being used to record you …

Hate Crimes In Cyberspace, Danielle Citron

Danielle Keats Citron

Most Internet users are familiar with trolling—aggressive, foul-mouthed posts designed to elicit angry responses in a site’s comments. Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible …