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Patents And Competition: Commercializing Innovation In The Global Ecosystem For 5g And The Internet Of Things, Thomas D. Grant, F. Scott Kieff
Patents And Competition: Commercializing Innovation In The Global Ecosystem For 5g And The Internet Of Things, Thomas D. Grant, F. Scott Kieff
GW Law Faculty Publications & Other Works
Times are changing as our global ecosystem for commercializing innovation helps bring new technologies to market, networks grow, interconnections and transactions become more complex around standards and otherwise, all to enable vast opportunities to improve the human condition, to further competition, and to improve broad access. The policies that governments use to structure their legal systems for intellectual property, especially patents, as well as for competition—or antitrust—continue to have myriad powerful impacts and raise intense debates over challenging questions. This Chapter explores a representative set of debates about policy approaches to patents, to elucidate particular ideas to bear in mind …
The Peter Humphrey/Yu Yingzeng Case And Business Intelligence In China, Donald C. Clarke
The Peter Humphrey/Yu Yingzeng Case And Business Intelligence In China, Donald C. Clarke
GW Law Faculty Publications & Other Works
The case of Peter Humphrey and Yu Yingzeng, convicted in China on August 2014 on charges of unlawful acquisition of citizens’ personal information, raises important issues about Chinese law. A narrow but important issue is how Chinese law draws the line between lawful and unlawful acquisition of information, a practice routinely carried out by businesses and individuals. This article examines the trial transcript and judgment in the Humphrey/Yu case and finds that it sheds regrettably little light on what remains a murky question. A broader issue is whether the Chinese legal system can be counted on to operate in a …
Privacy Law Fundamentals, Daniel J. Solove, Paul M. Schwartz
Privacy Law Fundamentals, Daniel J. Solove, Paul M. Schwartz
GW Law Faculty Publications & Other Works
"Privacy Law Fundamentals" is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases. Included here for download are The Table of Contents and Chapter 1.
The book explains the major provisions of all of the major privacy statutes, regulations, cases, including state privacy laws and FTC enforcement actions. It provides numerous charts and tables summarizing the privacy statutes (i.e. statutes with private rights of action, preemption, and liquidated damages, among other things). Topics covered include: the media, domestic law enforcement, national security, government …
Understanding Privacy (Chapter One), Daniel J. Solove
Understanding Privacy (Chapter One), Daniel J. Solove
GW Law Faculty Publications & Other Works
Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible.
In UNDERSTANDING PRIVACY (Harvard University Press, May 2008), Professor Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family …
A Brief History Of Information Privacy Law, Daniel J. Solove
A Brief History Of Information Privacy Law, Daniel J. Solove
GW Law Faculty Publications & Other Works
This book chapter provides a brief history of information privacy law in the United States from colonial times to the present. It discusses the development of the common law torts, Fourth Amendment law, the constitutional right to information privacy, numerous federal statutes pertaining to privacy, electronic surveillance laws, and more. It explores how the law has emerged and changed in response to new technologies that have increased the collection, dissemination, and use of personal information.
A Model Regime Of Privacy Protection, Daniel J. Solove
A Model Regime Of Privacy Protection, Daniel J. Solove
GW Law Faculty Publications & Other Works
A series of major security breaches at companies with sensitive personal information has sparked significant attention to the problems with privacy protection in the United States. Currently, the privacy protections in the United States are riddled with gaps and weak spots. Although most industrialized nations have comprehensive data protection laws, the United States has maintained a sectoral approach where certain industries are covered and others are not. In particular, emerging companies known as "commercial data brokers" have frequently slipped through the cracks of U.S. privacy law. In this article, the authors propose a Model Privacy Regime to address the problems …
A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle
A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle
GW Law Faculty Publications & Other Works
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. …
A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle
A Model Regime Of Privacy Protection (Version 1.1), Daniel J. Solove, Chris Jay Hoofnagle
GW Law Faculty Publications & Other Works
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, …
The Digital Person: Technology And Privacy In The Information Age (Introduction), Daniel J. Solove
The Digital Person: Technology And Privacy In The Information Age (Introduction), Daniel J. Solove
GW Law Faculty Publications & Other Works
THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (ISBN: 0814798462) (NYU Press 2004) explores the social, political, and legal implications of the collection and use of personal information in computer databases. In the Information Age, our lives are documented in digital dossiers maintained by hundreds (perhaps thousands) of businesses and government agencies. These dossiers are composed of bits of our personal information, which when assembled together begin to paint a portrait of our personalities. The dossiers are increasingly used to make decisions about our lives - whether we get a loan, a mortgage, a license, or a job; …
The Origins And Growth Of Information Privacy Law, Daniel J. Solove
The Origins And Growth Of Information Privacy Law, Daniel J. Solove
GW Law Faculty Publications & Other Works
In recent years, information privacy has emerged as one of the central issues of our times. Today, we have hundreds of laws pertaining to privacy - the common law torts, criminal law, evidentiary privileges, constitutional law, at least twenty federal statutes, and numerous statutes in each of the fifty states. To understand the law of information privacy more completely, it is necessary to look to its origins and growth. This article provides a brief overview of the history of the development of information privacy law. In particular, it explores the way that the law has emerged in response to changes …
The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove
The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove
GW Law Faculty Publications & Other Works
This Article develops justifications for protections against the disclosure of private information. An extensive body of scholarship has attacked such protections as anathema to the Information Age, where the free flow of information is championed as a fundamental value. This Article responds to two general critiques of disclosure protections: (1) that they inhibit freedom of speech, and (2) that they restrict information useful for judging others.
Regarding the free speech critique, the Article argues that not all speech is of equal value; speech of private concern is less valuable than speech of public concern. The difficulty, however, is distinguishing between …
Privacy And Power: Computer Databases And Metaphors For Information Privacy, Daniel J. Solove
Privacy And Power: Computer Databases And Metaphors For Information Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
Journalists, politicians, jurists, and legal academics often describe the privacy problem created by the collection and use of personal information through computer databases and the Internet with the metaphor of Big Brother - the totalitarian government portrayed in George Orwell's Nineteen Eighty-Four. Professor Solove argues that this is the wrong metaphor. The Big Brother metaphor as well as much of the law that protects privacy emerges from a longstanding paradigm for conceptualizing privacy problems. Under this paradigm, privacy is invaded by uncovering one's hidden world, by surveillance, and by the disclosure of concealed information. The harm caused by such invasions …