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Articles 1 - 19 of 19

Full-Text Articles in Law

Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle Mar 2018

Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


Behavioral Advertising: The Offer You Can't Refuse, Chris Jay Hoofnagle, Ashkan Soltani, Nathaniel Good, Dietrich J. Wambach Mar 2018

Behavioral Advertising: The Offer You Can't Refuse, Chris Jay Hoofnagle, Ashkan Soltani, Nathaniel Good, Dietrich J. Wambach

Chris Jay Hoofnagle

No abstract provided.


What We Buy When We Buy Now, Aaron Perzanowski, Chris Jay Hoofnagle Mar 2018

What We Buy When We Buy Now, Aaron Perzanowski, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


Matters Of Public Concern And The Public University Professor., Chris Hoofnagle Mar 2018

Matters Of Public Concern And The Public University Professor., Chris Hoofnagle

Chris Jay Hoofnagle

Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been limited. (EV)


Model Regime Of Privacy Protection, A, Daniel J. Solove, Chris Jay Hoofnagle Jan 2018

Model Regime Of Privacy Protection, A, Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


Alan Westin's Privacy Homo Economicus, Chris Jay Hoofnagle, Jennifer M. Urban Jan 2018

Alan Westin's Privacy Homo Economicus, Chris Jay Hoofnagle, Jennifer M. Urban

Chris Jay Hoofnagle

A regime of "notice and choice" largely governs U.S. Internet privacy law.' Companies, long encouraged by regulators, issue privacy policies for consumers to read and act upon. In theory, consumers read these notices and make decisions according to their overall preferences, including preferences about privacy, price, service offering, and other attributes. Privacy enforcement, in large part, addresses deceptions in these privacy policies rather than the fairness of their underlying terms.

In recent years, notice and choice has come under growing and sustained criticism, including criticism from regulators and businesses, in light of evidence that it may be ineffective. Yet it …


A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle Jan 2018

A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

This version incorporates and responds to the many comments that we received to Version 1.1, which we released on March 10, 2005.

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves. …


Bookit Ip Series - Federal Trade Commission Privacy Law And Policy, Chris Hoofnagle Jan 2018

Bookit Ip Series - Federal Trade Commission Privacy Law And Policy, Chris Hoofnagle

Chris Jay Hoofnagle

The Federal Trade Commission (FTC) was established in 1914 to prevent unfair competition in commerce. Since that time, the FTC has been given greater authority to police anticompetitive practices. It has evolved into the most important regulator of information policy and now regulates our technological future. Unfortunately, the agency is often poorly understood. In his book Federal Trade Commission Privacy Law and Policy, Professor Hoofnagle will redress this confusion by explaining how the FTC arrived at its current position of power. He will offer practical tips for lawyers, legal academics, political scientists, historians, and those interested in obtaining a better …


Identity Theft: Making The Known Unknowns Known, Chris Jay Hoofnagle Jan 2018

Identity Theft: Making The Known Unknowns Known, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow Jan 2018

How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow

Chris Jay Hoofnagle

Media reports teem with stories of young people posting salacious photos online, writing about alcohol-fueled misdeeds on social networking sites, and publicizing other ill-considered escapades that may haunt them in the future. These anecdotes are interpreted as representing a generation-wide shift in attitude toward information privacy. Many commentators therefore claim that young people “are less concerned with maintaining privacy than older people are.” Surprisingly, though, few empirical investigations have explored the privacy attitudes of young adults. This report is among the first quantitative studies evaluating young adults’ attitudes. It demonstrates that the picture is more nuanced than portrayed in the …


The Federal Trade Commission And Consumer Privacy In The Coming Decade, Joseph Turow, Chris Jay Hoofnagle, Deirdre K. Mulligan, Nathaniel Good, Jens Grossklags Jan 2018

The Federal Trade Commission And Consumer Privacy In The Coming Decade, Joseph Turow, Chris Jay Hoofnagle, Deirdre K. Mulligan, Nathaniel Good, Jens Grossklags

Chris Jay Hoofnagle

The large majority of consumers believe that the term “privacy policy” describes a baseline level of information practices that protect their privacy. In short, “privacy,” like “free” before it, has taken on a normative meaning in the marketplace. When consumers see the term “privacy policy,” they believe that their personal information will be protected in specific ways; in particular, they assume that a website that advertises a privacy policy will not share their personal information. Of course, this is not the case. Privacy policies today come in all different flavors. Some companies make affirmative commitments not to share the personal …


Towards A Market For Bank Safety, Chris Jay Hoofnagle Jan 2018

Towards A Market For Bank Safety, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle Jan 2018

Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle Jan 2018

A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle

Chris Jay Hoofnagle

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves.

In the aftermath of the ChoicePoint debacle, both of us have been asked by Congressional legislative staffers, state legislative policymakers, journalists, academics, …


What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle Dec 2016

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle

Chris Jay Hoofnagle

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent …


Working Paper Digital Evidence And The American.Pdf, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban Sep 2013

Working Paper Digital Evidence And The American.Pdf, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban

Chris Jay Hoofnagle

This paper provides background on the American Servicemembers’ Protection Act (ASPA or Act) and examines the circumstances surrounding the passage of the Act, its key provisions and their exceptions, and how the Act affects investigations by the International Criminal Court (ICC or Court).

International criminal prosecutions increasingly rely on cyberinvestigations to uncover digital evidence that can be subsequently admitted in court proceedings. ASPA restricts U.S. cooperation with the ICC and its investigations within the United States. As the majority of emails and social media platforms are linked to U.S. entities, ICC cyberinvestigations will inevitably invoke ASPA in one way or …


Working Paper: Digital Evidence: Investigatory Protocols, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban Sep 2013

Working Paper: Digital Evidence: Investigatory Protocols, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban

Chris Jay Hoofnagle

The purpose of this paper is to assist the Office of the Prosecutor (“OTP”) at the International Criminal Court (“ICC”) by discussing cyberinvestigation protocols that enable strategic mobilization and acquisition of digital evidence.

This paper discusses cyberinvestigation protocols relevant to three types of digital evidence: data that is on a device; data that is not on a device or is accessible online; and data that is held privately by a service provider. The first section addresses how an investigator should acquire and authenticate physical devices that may have evidentiary value. The protocols demonstrate methods that reduce the risk of inadmissibility …


Working Paper: An Overview Of The Use Of Digital Evidence In International Criminal Courts, Salzburg Workshop On Cyber Investigations, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban Sep 2013

Working Paper: An Overview Of The Use Of Digital Evidence In International Criminal Courts, Salzburg Workshop On Cyber Investigations, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban

Chris Jay Hoofnagle

As digital evidence becomes more prevalent, it poses challenges to the International Criminal
Court. This paper reviews some of the leading international criminal cases involving digital
evidence, with a particular focus on the ICC, and identifies four types of evidentiary
considerations specific to digital evidence: (1) authentication; (2) hearsay; (3) provenance (chain
of custody); and (4) preservation of evidence. Using these four considerations, this paper aims to
contribute to discussion on how best to respond to the challenges of digital evidence. The paper
concludes with several questions raised by this analysis.


Measuring Identity Theft At Top Banks (Version 1.5), Chris Hoofnagle Mar 2008

Measuring Identity Theft At Top Banks (Version 1.5), Chris Hoofnagle

Chris Jay Hoofnagle

There is no reliable way for consumers, regulators, and businesses to assess the relative rates of identity fraud at major financial institutions. This lack of information prevents a consumer market for bank safety from emerging. As part of a multiple strategy approach to obtaining more actionable data on identity theft, the Freedom of Information Act was used to obtain complaint data submitted by victims in 2006 to the Federal Trade Commission. This complaint data identifies the institution where impostors established fraudulent accounts or affected existing accounts in the name of the victim. The data were aggregated and used to create …