Law Commons^™

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas

Cell-Site Location Information And The Privacies Of Life: The Impact Of Carpenter V. United States, Trevor Moore

Loyola of Los Angeles Law Review

No abstract provided.

Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss

Loyola of Los Angeles Entertainment Law Review

The digital era we live in today allows society to work, shop, socialize, and even monitor one’s health without having to leave the confines of one’s home. In a recent landmark privacy case, Carpenter v. United States, the individual privacy implications of the Fourth Amendment were strengthened when the Supreme Court held that the government must generally obtain a warrant before collecting more than six days of historical cell-site location information from a third-party service provider, like Verizon. Cell-site location information could implicate numerous Fourth Amendment concepts, such as the third-party doctrine, mosaic theory, and public exposure doctrine. Refusing to …

Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney

Loyola of Los Angeles Entertainment Law Review

Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?

Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …

Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller

Loyola of Los Angeles Law Review

During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.

Although …

Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies, Candice Gliksberg

Loyola of Los Angeles Law Review

No abstract provided.

The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian

Loyola of Los Angeles Law Review

No abstract provided.

Counteracting Diminished Privacy In An Augmented Reality: Protecting Geolocation Privacy, Diana Martinez

Loyola of Los Angeles Law Review

No abstract provided.

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

Balancing Disclosure And Privacy Interests In Campaign Finance, Sarah Harding

Loyola of Los Angeles Law Review

The law of campaign finance pits two important First Amendment interests against each other: disclosure and privacy. The Supreme Court has recognized the need to balance these two interests to allow for effective elections and to safeguard individual rights. However, through the years the Court has failed to balance these interests equally, resulting in vacillating decisions that unfairly sacrifice one for the other. From Burroughs v. United States in 1934 to Citizens United v. FEC in 2010, the Court has failed to provide a workable roadmap for legislatures in the creation of campaign finance disclosure laws and for lower courts …

Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian

Loyola of Los Angeles Law Review

No abstract provided.

Outed At School: Student Privacy Rights And Preventing Unwanted Disclosures Of Sexual Orientation, Evan Ettinghoff

Loyola of Los Angeles Law Review

Lesbian, gay, bisexual, transgender, and questioning (LGBTQ) individuals often identify their sexual orientation during their formative school years. During this time, they make important decisions about whether they will come out, to whom, and under what circumstances. However, some school officials have taken matters into their own hands, disclosing information about a student’s sexual orientation to parents or family members without the student’s permission, and without considering the student’s well-being and potential consequences at home. This Note explores a student’s constitutional right to privacy in their sexual orientation. It begins by examining the unique problems LGBTQ youth encounter while developing …

The Dark Cloud Of Convenience: How The New Hipaa Omnibus Rules Fail To Protect Electronic Personal Health Information, Joyce L.T. Chang

Loyola of Los Angeles Entertainment Law Review

The 2013 Omnibus Rules (Rules) update to the Health Insurance Portability and Accountability Act (HIPAA) aims to increase the privacy of patient health information (PHI). Although there are increases in monetary penalty fees, there are still two major areas of weakness. First, the Rules fail to address the role of cloud storage technology. Traditionally, PHI was physically stored on-site the medical offices. However, the trend of outsourcing PHI storage to cloud computing creates a huge risk of privacy breaches as currently there are no federal standards on the security of cloud computing. This failure jeopardizes PHI privacy and leaves the …

Protecting Speech, Protecting Privacy: The Future Costs Of U.K. Libel Claims, Adelaide Scardino Lopez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.