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Selected Works

2007

Privacy

Articles 1 - 10 of 10

Full-Text Articles in Law

Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton Feb 2007

Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton

Erin Espedal

Emerging surveillance technologies now allow operators to collect information located within the brain of an individual, allow the collection of forensic evidence regarding cerebral and cognitive processes, and are even beginning to be able to predict human intentions. While science has not yet produced a mind-reading machine per se, the devices referred to as “cognitive camera technologies” are substantial steps in the direction of that inevitable result. One such technique, a proprietary method called Brain Fingerprinting, is used as an example of the strong trend towards increasingly invasive and ever more powerful surveillance methods, and provides an entrée to a …

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Online Privacy Policies: Contracting Away Control Over Personal Information?, Allyson W. Haynes Feb 2007

Online Privacy Policies: Contracting Away Control Over Personal Information?, Allyson W. Haynes

Allyson Haynes Stuart

Individuals disclose personal information to websites in the course of everyday transactions. The treatment of that personal information is of great importance, as highlighted by the recent spate of data breaches and the surge in identity theft. When websites share such personal information with third parties, the threat of its use for illegal purposes increases. The current law allows website companies to protect themselves from liability for sharing or selling visitors’ personal information to third parties by focusing on disclosures in privacy policies, not on substantive treatment of personal information. Because of the low likelihood that a visitor will read …

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Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague Dec 2006

Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague

Robert Sprague

No abstract provided.

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Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague Dec 2006

Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague

Robert Sprague

No abstract provided.

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From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague Dec 2006

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague

Robert Sprague

No abstract provided.

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Autonomy And Right To Respect For Private Life, Jean Herveg Dec 2006

Autonomy And Right To Respect For Private Life, Jean Herveg

Jean HERVEG

No abstract provided.

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Management Of The Special Risks Created By The Processing Of Medical Data In European Law, Jean Herveg Dec 2006

Management Of The Special Risks Created By The Processing Of Medical Data In European Law, Jean Herveg

Jean HERVEG

No abstract provided.

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A First Principles Approach To Communications' Privacy, Susan Freiwald Dec 2006

A First Principles Approach To Communications' Privacy, Susan Freiwald

Susan Freiwald

Under current doctrines, parties to a communication enjoy robust constitutional protection against government surveillance only when they have a reasonable expectation of privacy in those communications. This paper suggests that the surprising dearth of case law applying the reasonable expectations of privacy test to modern electronic communications reflects courts' discomfort with the test's necessarily normative analysis. That discomfort also likely explains courts' use of shortcuts based on Miller v. United States and Smith v. Maryland in those few cases that have considered online surveillance practices. In particular, the government has argued that a broad third party rule deprives electronic mail …

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The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson Dec 2006

The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson

Stephen E Henderson

For law students studying criminal procedure—or at least for those cramming for the exam—it becomes a mantra: government conduct only implicates the Fourth Amendment protection against unreasonable searches if it invades a “reasonable expectation of privacy.” This is not the contemporary definition of the word “search,” nor was it the definition at the time of the founding. But, via a well-intentioned concurrence by Justice Harlan in the famous 1967 case of Katz v. United States, it became the Court’s definition.
This lack of fealty to the English language left some questions. For example, is determining whether someone has a “reasonable …

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Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson Dec 2006

Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson

Stephen E Henderson

For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …

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