Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (6)
- Computer Law (5)
- Social and Behavioral Sciences (5)
- Fourth Amendment (4)
- Health Law and Policy (4)
-
- Intellectual Property Law (4)
- Science and Technology Law (4)
- Internet Law (3)
- Legislation (3)
- Commercial Law (2)
- Contracts (2)
- European Law (2)
- Legal History (2)
- Legal Studies (2)
- State and Local Government Law (2)
- Torts (2)
- Archival Science (1)
- Business (1)
- Communication (1)
- Computer Engineering (1)
- Computer Sciences (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Procedure (1)
- Criminology and Criminal Justice (1)
- Economic Theory (1)
- Economics (1)
- Electrical and Computer Engineering (1)
- Engineering (1)
- Institution
- Publication Year
- Publication
-
- Faculty Scholarship (5)
- Oklahoma Law Review (5)
- Michigan Telecommunications & Technology Law Review (3)
- Criss Library Faculty Proceedings & Presentations (1)
- Faculty Publications (1)
-
- J. Rich Leonard (1)
- Journal of Digital Forensics, Security and Law (1)
- Law Faculty Scholarship (1)
- Law and Contemporary Problems (1)
- Oklahoma Journal of Law and Technology (1)
- Sarah H. Ludington (1)
- St. Mary's Law Journal (1)
- The Journal of Appellate Practice and Process (1)
- Touro Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Publication Type
Articles 1 - 25 of 25
Full-Text Articles in Law
Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale
Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale
Oklahoma Journal of Law and Technology
No abstract provided.
Computer Systems Fraud - Computer Systems Fraud In The Era Of Big Data And Ehrs, John Sepulveda
Computer Systems Fraud - Computer Systems Fraud In The Era Of Big Data And Ehrs, John Sepulveda
Touro Law Review
No abstract provided.
The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray
Oklahoma Law Review
No abstract provided.
Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz
Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz
Oklahoma Law Review
No abstract provided.
Light In The Darkness: How The Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Light In The Darkness: How The Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Oklahoma Law Review
No abstract provided.
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Sarah H. Ludington
In 2005, three spectacular data security breaches focused public attention on the vast databases of personal information held by data traders such as ChoicePoint and LexisNexis, and the vulnerability of that data. The personal information of hundreds of thousands of people had either been hacked or sold to identity thieves, yet the data traders refused to reveal to those people the specifics of the information sold or stolen. While Congress and many state legislatures swiftly introduced bills to force data traders to be more accountable to their data subjects, fewer states actually enacted laws, and none of the federal bills …
Property As Control: The Case Of Information, Jane B. Baron
Property As Control: The Case Of Information, Jane B. Baron
Michigan Telecommunications & Technology Law Review
If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …
Searching Secrets, Nita A. Farahany
Searching Secrets, Nita A. Farahany
Faculty Scholarship
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure of a person or her papers. Today, investigators rarely need to break down doors, rummage through drawers, or invade one’s peace and repose to obtain incriminating evidence in an investigation. Instead, the government may unobtrusively intercept information from electronic files, GPS transmissions, and intangible communications. In the near future, it may even be possible to intercept information directly from suspects’ brains. Courts and scholars have analogized modern searches for information to searches of tangible property like containers and have treated …
When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji
When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji
Faculty Scholarship
Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of digital technologies into scientific research processes that ingest vast amounts of published data and literature. The Article demonstrates that intellectual property laws have not kept pace with these phenomena.
Copyright law and science co-existed for much of their respective histories, with a benign tradition of the former giving way to the needs of the latter. …
Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg
Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg
Law and Contemporary Problems
Katsh discusses the new problems that are a consequence of a new technological environment in healthcare, one that has an array of elements that makes the emergence of disputes likely. Novel uses of technology have already addressed both the problem and its source in other contexts, such as e-commerce, where large numbers of transactions have generated large numbers of disputes. If technology-supported healthcare is to improve the field of medicine, a similar effort at dispute prevention and resolution will be necessary.
There Is A Time To Keep Silent And A Time To Speak, The Hard Part Is Knowing Which Is Which: Striking The Balance Between Privacy Protection And The Flow Of Health Care Information, Daniel J. Gilman, James C. Cooper
There Is A Time To Keep Silent And A Time To Speak, The Hard Part Is Knowing Which Is Which: Striking The Balance Between Privacy Protection And The Flow Of Health Care Information, Daniel J. Gilman, James C. Cooper
Michigan Telecommunications & Technology Law Review
Health information technology (HIT) has become a signal element of federal health policy, especially as the recently enacted American Recovery and Reinvestment Act of 2009 (Recovery Act or ARRA) comprises numerous provisions related to HIT and commits tens of billions of dollars to its development and adoption. These provisions charge various agencies of the federal government with both general and specific HIT-related implementation tasks including, inter alia, providing funding for HIT in various contexts: the implementation of interoperable HIT, HIT-related infrastructure, and HIT-related training and research. The Recovery Act also contains various regulatory provisions pertaining to HIT. Provisions of the …
Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum
Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum
St. Mary's Law Journal
The Texas Public Information Act (TPIA) grants everyone a statutory right to access records of a governmental body unless disclosure would violate the law. Generally, TPIA is construed broadly to favor disclosure, but the rise of modern technology like email and text messaging reveals how dated TPIA truly is. According to the recent City of Dallas v. Dallas Morning News, LP, a governmental body is not required to release any business-related electronic communications sent via personal devices. This means governmental employees can conduct official business via personal email or cell phone without being subject to disclosure provisions, unless the requester …
The Status And Future Of Government Documents, James T. Shaw
The Status And Future Of Government Documents, James T. Shaw
Criss Library Faculty Proceedings & Presentations
Depository libraries have traditionally enjoyed a pretty sweet deal—we receive free copies of documents in return for space, processing, and staff to help people use them. Depository libraries have served as key players in two areas of public policy: 1) public access to government information for the needs of today; and 2) widespread distribution of documents helps them survive to form a historical record.
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami
Faculty Scholarship
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele
Faculty Publications
This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Faculty Scholarship
In 2005, three spectacular data security breaches focused public attention on the vast databases of personal information held by data traders such as ChoicePoint and LexisNexis, and the vulnerability of that data. The personal information of hundreds of thousands of people had either been hacked or sold to identity thieves, yet the data traders refused to reveal to those people the specifics of the information sold or stolen. While Congress and many state legislatures swiftly introduced bills to force data traders to be more accountable to their data subjects, fewer states actually enacted laws, and none of the federal bills …
Electronic Data Discovery: Integrating Due Process Into Cyber Forensic Practice, John W. Bagby, John C. Ruhnka
Electronic Data Discovery: Integrating Due Process Into Cyber Forensic Practice, John W. Bagby, John C. Ruhnka
Journal of Digital Forensics, Security and Law
Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, emails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD) as …
Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo
Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo
Michigan Telecommunications & Technology Law Review
At the federal level, the Civil Rules Advisory Committee has responded to the "unique and necessary feature of computer systems--the automatic recycling, overwriting, and alteration of electronically stored information"--with a proposed amendment to Rule 37. The proposed Rule 37(f) would shield litigants from sanctions for the destruction of electronic data if the party "took reasonable steps to preserve the information after it knew or should have known the information was discoverable in the action" and "the failure resulted from the loss of the information because of the routine operation of the party's electronic information system." The safe harbor provision would …
Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann
Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann
Law Faculty Scholarship
This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Significantly, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care …
Use Of Electronic Documents In Us Courts: A Personal View, J. Rich Leonard
Use Of Electronic Documents In Us Courts: A Personal View, J. Rich Leonard
J. Rich Leonard
No abstract provided.
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
The Journal of Appellate Practice and Process
Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Faculty Scholarship
No abstract provided.
Commercial Law: Determining Repugnancy In An Electronic Age: Excluded Transactions Under Electronic Writing And Signature Legislation, Christopher B. Woods
Commercial Law: Determining Repugnancy In An Electronic Age: Excluded Transactions Under Electronic Writing And Signature Legislation, Christopher B. Woods
Oklahoma Law Review
No abstract provided.
Commercial Law: Determining Repugnancy In An Electronic Age: Excluded Transactions Under Electronic Writing And Signature Legislation, Christopher B. Woods
Commercial Law: Determining Repugnancy In An Electronic Age: Excluded Transactions Under Electronic Writing And Signature Legislation, Christopher B. Woods
Oklahoma Law Review
No abstract provided.
Protection Of Privacy Of Computerized Records In The National Crime Information Center, Stuart R. Hemphill
Protection Of Privacy Of Computerized Records In The National Crime Information Center, Stuart R. Hemphill
University of Michigan Journal of Law Reform
The purpose of this article is to describe the social benefits and costs of the NCIC and to indicate the need for a program of operational controls to temper the system's impact on the balance between individual privacy and law enforcement needs. Various approaches which could be incorporated into a program of safeguards are introduced and briefly analyzed. Finally, the article discusses several overall design issues which should be considered in the construction of an adequate program of safeguards. Particular emphasis is placed on the NCCH file since it is the major source of the tensions underlying the issues addressed.