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Full-Text Articles in Law
Geographically Restricted Streaming Content And Evasion Of Geolocation: The Applicability Of The Copyright Anticircumvention Rules, Jerusha Burnett
Geographically Restricted Streaming Content And Evasion Of Geolocation: The Applicability Of The Copyright Anticircumvention Rules, Jerusha Burnett
Michigan Telecommunications & Technology Law Review
A number of methods currently exist or are being developed to determine where Internet users are located geographically when they access a particular webpage. Yet regardless of the precautions taken by website operators to limit the locations from which they allow access, it is likely that users will find ways to gain access to restricted content. Should the evasion of geolocation constitute circumvention of access controls so that § 1201 of the Digital Millennium Copyright Act ("DMCA") applies? Because location data can properly be considered personally identifiable information ("PII"), this Note argues that § 1201 should not apply absent a …
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
When Mobile Phones Are Rfid-Equipped - Finding E.U.-U.S. Solutions To Protect Consumer Privacy And Facilitate Mobile Commerce, Nancy J. King
When Mobile Phones Are Rfid-Equipped - Finding E.U.-U.S. Solutions To Protect Consumer Privacy And Facilitate Mobile Commerce, Nancy J. King
Michigan Telecommunications & Technology Law Review
New mobile phones have been designed to include delivery of mobile advertising and other useful location-based services, but have they also been designed to protect consumers' privacy? One of the key enabling technologies for these new types of phones and new mobile services is Radio Frequency Identification (RFID), a wireless communication technology that enables the unique identification of tagged objects. In the case of RFID-enabled mobile phones, the personal nature of the devices makes it very likely that, by locating a phone, businesses will also be able to locate its owner. Consumers are currently testing new RFID-enabled phones around the …
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Michigan Telecommunications & Technology Law Review
The biometric identifier relies on an individual's unique biological information such as a hand, iris, fingerprint, facial or voice print. When used for verification purposes, a "one-to-one" match is generated in under one second. Biometric technology can substantially improve national security by identifying and verifying individuals in a number of different contexts, providing security in ways that exceed current identification technology and limiting access to areas where security breaches are especially high, such as airport tarmacs and critical infrastructure facilities. At the same time, a legitimate public concern exists concerning the misuse of biometric technology to invade or violate personal …
'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes
'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes
Michigan Telecommunications & Technology Law Review
The notion of software code replacing legal code as a mechanism to control human behavior--"code as law"--is often illustrated with examples in intellectual property and freedom of speech. This Article examines the neglected issue of the impact of "code as law" on privacy. To what extent is privacy-related "code" being used, either to undermine or to enhance privacy? On the basis of cases in the domains of law enforcement, national security, E-government, and commerce, it is concluded that technology rarely incorporates specific privacy-related norms. At the same time, however, technology very often does have clear effects on privacy, as it …
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Michigan Telecommunications & Technology Law Review
"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …
Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen
Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen
Michigan Telecommunications & Technology Law Review
The goal of this article is to illustrate the issues that arise in the context of computer search and seizures by examining several areas in which the application of Fourth Amendment concepts to computer searches and/or seizures can be problematic. In order to illustrate this point, the article will build on a hypothetical. The hypothetical situation assumes law enforcement officers have lawfully obtained a warrant to search for and seize evidence concerning the commission of one or more crimes. It will also be assumed that computer technology played some role in the commission of these crimes, so computer equipment and …
Building A Community Through Workplace E-Mail: The New Privacy Frontier, Peter Schnaitman
Building A Community Through Workplace E-Mail: The New Privacy Frontier, Peter Schnaitman
Michigan Telecommunications & Technology Law Review
The relatively new technology of electronic mail (e-mail) presents an entirely new issue of workplace privacy. Currently, whether a person has a privacy interest in their workplace e-mail communications is as unsettled an issue as it has been since the technology emerged in the early part of this decade as the preferred mode of communication in the workplace. Indeed, e-mail may soon be the preferred mode of communication in general. This comment will argue that all e-mail users have a privacy interest in workplace e-mail communications and that the current law does not afford e-mail users any type of protection …