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The Emperor Has No Clothes: A Critique Of Applying The European Union Approach To Privacy Regulation In The United States, David R. Nijhawan
The Emperor Has No Clothes: A Critique Of Applying The European Union Approach To Privacy Regulation In The United States, David R. Nijhawan
Vanderbilt Law Review
Internet users in the United States and the European Union ("EU") often debate the state of international data privacy, while scholars and companies also present questions to the Internet community regarding the regulation of data privacy and the amount of regulation required in the U.S. Inquiries range from how to determine the necessary degree of regulation and how to implement regulations to how to enforce any regulations that the U.S. lawmakers may pass. Historically, the EU and the U.S. approach data privacy regulations in diametrically opposed ways. While the EU relies primarily on legislation and heavy regulation, the U.S. has …
Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green
Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green
Vanderbilt Journal of Entertainment & Technology Law
This Note begins with an overview of the basic facets of privacy law, focusing on the tort of the public disclosure of private facts and its interaction with the First Amendment. Next, this Note explores the differences in rules for public, private, and involuntary public figures. The law of defamation is offered as a model for privacy law to emulate, specifically, the limited-purpose public figure created under Gertz and its progeny. Then, the issue of whether one's status as a public figure may diminish over the passage of time is considered. This Note posits that limited-purpose public figures should exist …
Is There Judicial Recourse To Attack Spammers?, Ashley L. Rogers
Is There Judicial Recourse To Attack Spammers?, Ashley L. Rogers
Vanderbilt Journal of Entertainment & Technology Law
This Note will discuss the issue of non-commercial spam through the prism of a case recently decided by the California Supreme Court, Intel v. Hamidi. Until recently there was no federal regulation for unwanted electronic communication and common law was the only potential solution. Part I of this Note will discuss the nature of spam, focusing on the distinction between commercial e-mail and bulk e-mail and the importance therein. Part II will detail the history and the legal doctrine of trespass as it applies to the Internet. Part III will summarize the case of Intel v. Hamidi as it struggled …