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Full-Text Articles in Law
Coded Social Control: China’S Normalization Of Biometric Surveillance In The Post Covid-19 Era, Michelle Miao
Coded Social Control: China’S Normalization Of Biometric Surveillance In The Post Covid-19 Era, Michelle Miao
Washington Journal of Law, Technology & Arts
This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded and normalized use of tools which were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their …
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Washington Law Review
The 2021 Federal Trade Commission (FTC) investigation into cloud storage app developer Everalbum resulted in a consent decree that required Everalbum to delete not only unlawfully collected data, but also algorithms created using that data. The FTC had imposed this kind of penalty only once before. Questions remain about how the FTC will apply this so-called intellectual property (IP) deletion requirement in the future. This Comment argues that situations where companies develop intellectual property from misappropriated consumer data are analogous to cases where courts seek to apply the property law rule of the wrongful improver, i.e., where one party knowingly …
Biometric Data Collection And Big Tech: Imposing Ethical Constraints On Entities That Harvest Biometric Data, Ian Ducey
Seattle Journal of Technology, Environmental & Innovation Law
Amazon can tell when you are sleeping, when you are awake, and when you are stressed, and they can do it before you may recognize it yourself. At least it will be able to if you decide to buy their newest wearable health monitoring technology. In 2020, Amazon joined Google’s Fitbit and Apple’s Apple Watch in the wearable technology market with the Amazon Halo. A wristband outfitted with a variety of sensors designed to help manage and record health identifiers, including body fat percentage, step tracking, sleep tracking, and now emotional responses. Many companies have begun developing and exploring the …
Real Harm In A Virtual World: Establishing Federal Standing In The Seventh Circuit Under Illinois’S Biometric Information Privacy Act, Julia Lobo
Northern Illinois University Law Review
Illinois became the first state to regulate the collection and use of biometric information by private entities when it enacted the Biometric Information Privacy Act in 2008. In the years since, more and more businesses have begun to collect biometric information from their employees and customers. As lawmakers in other states and in Congress look to enact legislation to protect biometric privacy rights, their drafting choices may be informed by three recent Seventh Circuit decisions analyzing when a plaintiff alleging a violation of the Biometric Information Privacy Act has, or has not, established Article III standing as required to proceed …
Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser
Taboo Transactions: Selling Athlete Biometric Data, John T. Holden, Kimberly A. Houser
Florida State University Law Review
As consumers begin to realize the extent to which their biometric and health data are being tracked through wearable devices, new privacy concerns have arisen. These concerns are more than hypothetical as the unregulated sharing and disclosure of biometric and health data may have serious repercussions. This is especially true for the athletes whose data is tracked with precision and where a lucrative market of multiple parties anxious to obtain this data already exists. The ownership and use of this data have become an incredibly complex issue, as sports leagues, teams, and the device makers wrangle over how this data …
The Future Of Our Fingerprints: The Importance Of Instituting Biometric Data Protections In Pennsylvania, Julia M. Siracuse
The Future Of Our Fingerprints: The Importance Of Instituting Biometric Data Protections In Pennsylvania, Julia M. Siracuse
Duquesne Law Review
No abstract provided.
Consent, Appropriation By Manipulation, And The 10-Year Challenge: How An Internet Meme Complicated Biometric Information Privacy, Michael J. Slobom
Consent, Appropriation By Manipulation, And The 10-Year Challenge: How An Internet Meme Complicated Biometric Information Privacy, Michael J. Slobom
Mitchell Hamline Law Review
No abstract provided.
Moneyball In The Era Of Biometrics: Who Has Ownership Rights Over The Biometric Data Of Professional Athletes?, Christopher Casher
Moneyball In The Era Of Biometrics: Who Has Ownership Rights Over The Biometric Data Of Professional Athletes?, Christopher Casher
Dalhousie Journal of Legal Studies
The 2003 release of Michael Lewis’s book, Moneyball, brought into the mainstream a new paradigm for professional sports management: the use of statistical analysis to identify currently undervalued athletes in an effort to gain a competitive advantage. This pressure to accurately value athletes has led, in part, to the widespread collection of professional athletes’ biometric data. While biometric data can create many benefits, its misuse can lead to detrimental outcomes for the athletes, including inequitable contract negotiations, loss of potential revenue from monetization of said data, and a loss of privacy. Thus, this paper seeks to determine who holds the …
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham
Marquette Sports Law Review
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Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
Pepperdine Law Review
This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …