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Full-Text Articles in Law
The Data-Pooling Problem, Michael Mattioli
The Data-Pooling Problem, Michael Mattioli
Articles by Maurer Faculty
American innovation policy as expressed through intellectual property law contains a curious gap: it encourages individual research investments, but does little to facilitate cooperation among inventors, which is often a necessary precondition for innovation. This Article provides an in-depth analysis of a policy problem that relates to this gap: increasingly, public and private innovation investments depend upon the willingness of private firms and institutions to cooperatively pool industrial, commercial, and scientific data. Data holders often have powerful disincentives to cooperate with one another, however. As a result, important research that the federal government has sought to encourage through intellectual property …
Big Data And The Fourth Estate: Protecting The Development Of News Media Monitoring Databases, Joseph A. Tomain
Big Data And The Fourth Estate: Protecting The Development Of News Media Monitoring Databases, Joseph A. Tomain
Articles by Maurer Faculty
No abstract provided.
Disclosing Big Data, Michael Mattioli
Disclosing Big Data, Michael Mattioli
Articles by Maurer Faculty
This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries—from medicine, to energy, to online services. At the heart of this phenomenon are innovative and complex practices by which experts shape featureless digital records into valuable information products. The fact that these big data practices are unlikely to be widely disclosed to the public is worrisome for familiar reasons: the law generally prefers to induce technological disclosure in …
Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare
Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare
Articles by Maurer Faculty
No abstract provided.
Notice And Consent In A World Of Big Data, Fred H. Cate, Viktor Mayer-Schönberger
Notice And Consent In A World Of Big Data, Fred H. Cate, Viktor Mayer-Schönberger
Articles by Maurer Faculty
- Nowadays individuals are often presented with long and complex privacy notices routinely written by lawyers for lawyers, and are then requested to either ‘consent’ or abandon the use of the desired service.
- The over-use of notice and consent presents increasing challenges in an age of ‘Big Data’.
- These phenomena are receiving attention particularly in the context of the current review of the OECD Privacy Guidelines.
- In 2012 Microsoft sponsored an initiative designed to engage leading regulators, industry executives, public interest advocates, and academic experts in frank discussions about the role of individual control and notice and consent in data protection …
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
Articles by Maurer Faculty
Advances in technology—including the growing use of cloud computing by individuals, agencies, and organizations to conduct operations and store and process records—are enabling the systematic collection and use of personal data by state and federal governments for a variety of purposes.
These purposes range from battling crime and terrorism to assessing public policy initiatives and enforcing regulatory regimes. To aid these efforts, governments are promoting mandatory retention and reporting of data by online service providers and the expansion of laws that facilitate wiretaps to greater portions of the web.
The legal framework for protecting individual privacy within this growing world …
The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.