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Series

2014

Privacy

Discipline
Institution
Publication

Articles 1 - 30 of 36

Full-Text Articles in Law

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Danielle K. Citron, Frank Pasquale Dec 2014

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.


Celebrity Nude Photo Leak: Just One More Reminder That Privacy Does Not Exist Online And Legally, There’S Not Much We Can Do About It, Laurel O'Connor Oct 2014

Celebrity Nude Photo Leak: Just One More Reminder That Privacy Does Not Exist Online And Legally, There’S Not Much We Can Do About It, Laurel O'Connor

GGU Law Review Blog

No abstract provided.


Liberty, James Fleming, Linda Mcclain Oct 2014

Liberty, James Fleming, Linda Mcclain

Faculty Scholarship

"To secure the blessings of liberty," the Preamble to the US Constitution proclaims, "We the People . . . ordain and establish this Constitution." The Constitution is said to secure liberty through three principal strategies: the design of the Constitution as a whole; structural arrangements, most notably separation of powers andfederalism; and protection of rights. This chapter focuses on this third strategy of protecting liberty, in particular, through the Fifth and Fourteenth Amendments. We first examine the several approaches taken to the "Incorporation" of certain basic liberties "enumerated" in the Bill of Rights to apply to the state governments. We then examine the ...


Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan Oct 2014

Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan

All Faculty Scholarship

The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the ...


"Smile, You're On Cellphone Camera!": Regulating Online Video Privacy In The Myspace Generation, Jacqueline D. Lipton Sep 2014

"Smile, You're On Cellphone Camera!": Regulating Online Video Privacy In The Myspace Generation, Jacqueline D. Lipton

Akron Law Publications

In the latest Batman movie, Bruce Wayne’s corporate right hand man, Lucius Fox, copes stoically with the death and destruction dogging his boss. Interestingly, the last straw for him is Bruce’s request that he use digital video surveillance created through the city’s cellphone network to spy on the people of Gotham City in order to locate the Joker. Does this tell us something about the increasing social importance of privacy, particularly in an age where digital video technology is ubiquitous and largely unregulated?

While much digital privacy law and commentary has focused on text files containing personal ...


“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton Sep 2014

“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton

Akron Law Publications

In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation – the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming widespread ...


Repairing Online Reputation: A New Multi-Modal Regulatory Approach, Jacqueline D. Lipton Sep 2014

Repairing Online Reputation: A New Multi-Modal Regulatory Approach, Jacqueline D. Lipton

Akron Law Publications

In today’s interconnected digital society, high profile examples of online abuses abound. Cyberbullies launch attacks on the less powerful, often significantly damaging victims’ reputations. Outside of reputational damage, online harassment, bullying and stalking has led to severe emotional distress, loss of employment, physical assault and even death. Recent scholarship has identified this phenomenon but has done little more than note that current laws are ineffective in combating abusive online behaviors. This article moves the debate forward both by suggesting specific reforms to criminal and tort laws and, more importantly, by situating those reforms within a new multi-modal framework for ...


Featuring People In Ads (2014 Edition), Eric Goldman, Rebecca Tushnet Aug 2014

Featuring People In Ads (2014 Edition), Eric Goldman, Rebecca Tushnet

Faculty Publications

This is a book chapter from the 2014 edition of a casebook, Advertising & Marketing Law: Cases and Materials, by Rebecca Tushnet and Eric Goldman. This chapter examines the legal issues arising from featuring people in advertisements, including publicity rights and endorsement/testimonial guidelines.


16th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2014, Department Of Attorney General, State Of Rhode Island Aug 2014

16th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2014, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Ubiquitous Privacy, Thomas P. Crocker Jul 2014

Ubiquitous Privacy, Thomas P. Crocker

Faculty Publications

No abstract provided.


Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas Jul 2014

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated to ...


The Historical Significance, Modernization, And Future Of The Video Privacy Protection Act, Erika Williams Jun 2014

The Historical Significance, Modernization, And Future Of The Video Privacy Protection Act, Erika Williams

GGU Law Review Blog

In the twenty first century, we are accustomed to the privacy protections that prohibit video rental service companies from releasing our consumer service history to other sources without first obtaining our written, signed consent. However, most consumers likely do not know the historical significance of why we came to appreciate these privacy protections or what the exact terms of these privacy protections are.


The Right To Be Let Alone: The Kansas Right Of Privacy, J. Lyn Entrikin Apr 2014

The Right To Be Let Alone: The Kansas Right Of Privacy, J. Lyn Entrikin

Faculty Scholarship

No abstract provided.


Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman Mar 2014

Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman

Scholarly Publications

Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system. This Essay develops two related claims. First, in the near term, electronic monitoring will present a superior alternative to money bail for addressing flight risk. In contrast to previous proposals for reducing pretrial detention rates, electronic monitoring has the potential to reduce both fugitive rates (by allowing the defendant to be easily located) and government expenditures (by reducing the number of defendants ...


Common And Uncommon Families In The American Constitutional Order, Linda Mcclain Feb 2014

Common And Uncommon Families In The American Constitutional Order, Linda Mcclain

Faculty Scholarship

This essay reviews Professor Mark E. Brandon’s aptly named book, States of Union: Family and Change in the American Constitutional Order, which challenges the familiar story that the U.S. constitutional and political order have rested upon a particular, unchanging form of family – monogamous, heterosexual, permanent, and reproductive – and on the family values generated by that family form. That story also maintains that such family form and the legal norms that sustained it remained relatively undisturbed for centuries until the dramatic transformation spurred in part, beginning the 1960s, by the U.S. Supreme Court’s constitutionalizing of family and ...


On Business Torts And The First Amendment, Richard J. Peltz-Steele Jan 2014

On Business Torts And The First Amendment, Richard J. Peltz-Steele

Faculty Publications

A gaping question in free speech law surrounds the application of the First Amendment defense in business torts. The pervasiveness of communication technologies, the flourishing of privacy law, and the mere passage of time have precipitated an escalation in tort cases in which communication, and what the defendant may allege is free speech, lies at the heart of the matter.


The New American Privacy, Richard J. Peltz-Steele Jan 2014

The New American Privacy, Richard J. Peltz-Steele

Faculty Publications

The European Union sparked an intercontinental furor last year with proposed legislation to supersede the 1995 Data Protection Directive (DPD). The EU Parliament approved legislation in a 49-3 committee vote in October. The text, which is not yet published in its current draft at the time of this writing, may yet be amended before being accepted by the union’s 28 member states. The legislation is billed a money saver because it would harmonize EU member states’ data protection laws, which have diverged under the DPD umbrella. The business community is not convinced, fearful that costly new demands will strain ...


Big Data's Other Privacy Problem, James Grimmelmann Jan 2014

Big Data's Other Privacy Problem, James Grimmelmann

Faculty Scholarship

Big Data has not one privacy problem, but two. We are accustomed to talking about surveillance of data subjects. But Big Data also enables disconcertingly close surveillance of its users. The questions we ask of Big Data can be intensely revealing, but, paradoxically, protecting subjects' privacy can require spying on users. Big Data is an ideology of technology, used to justify the centralization of information and power in data barons, pushing both subjects and users into a kind of feudal subordination. This short and polemical essay uses the Bloomberg Terminal scandal as a window to illuminate Big Data's other ...


When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck Jan 2014

When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck

Faculty Scholarship

Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable xpectations of privacy.[1] An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court has considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” has ...


Growing Ideas - Confidentiality: Respecting The Privacy Of All Families, University Of Maine Center For Community Inclusion And Disability Studies Jan 2014

Growing Ideas - Confidentiality: Respecting The Privacy Of All Families, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Care and education professionals routinely receive confidential information about children and families as part of their work. Maintaining confidentiality is important both legally and ethically.


Keep Your Eyes On Eyes In The Sky, Hillary B. Farber Jan 2014

Keep Your Eyes On Eyes In The Sky, Hillary B. Farber

Faculty Publications

To date, eight states have passed bills regulating domestic drone use by government and private individuals. This leaves us with a question: If a city of more than 60,000 residents and a global company with a customer base in the hundreds of millions are racing to the sky, how are we as a commonwealth of 6.6 million to truly launch ourselves into the debate and protect what little privacy we have left?


Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber Jan 2014

Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber

Faculty Publications

Location tracking data can reveal quite a bit of information about a person when it is all pieced together. Just by knowing where and when a person frequents certain places we can know about his/her recreational habits, religious affiliations, professional affiliations, relationship status, personal health and hygiene, social preferences and contacts, and so much more. That is why it is so important to regulate the use of location tracking technology. There are a variety of efforts afoot to rein in government use of such technology – this op-ed is concerned with automated license plate readers.


Next Generation Privacy: The Internet Of Things, Data Exhaust, And Reforming Regulation By Risk Of Harm, Mckay Cunningham Jan 2014

Next Generation Privacy: The Internet Of Things, Data Exhaust, And Reforming Regulation By Risk Of Harm, Mckay Cunningham

Faculty Scholarship

To many, the EU's 1995 Directive has failed. While the global trend toward adopting laws similar to the Directive suggests that many nations value privacy rights, commentators and empirical studies reveal significant shortcomings. The Directive is simultaneously over-inclusive and under-inclusive. It outlaws harmless activities while allowing exceptions that threaten to swallow the rule. Edward Snowden revealed a disrupting example showing that national governments enjoy wide latitude to collect and use personal information under the guise of national security.

The problem of protecting private information is exacerbated by technology that continues to leapfrog. Information privacy is made continually more difficult ...


I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone Jan 2014

I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone

Australian Security and Intelligence Conference

Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and ...


Intellectual Property’S Lessons For Information Privacy, Mark Bartholomew Jan 2014

Intellectual Property’S Lessons For Information Privacy, Mark Bartholomew

Journal Articles

There is an inherent tension between an individual’s desire to safeguard her personal information and the expressive rights of businesses seeking to communicate that information to others. This tension has multiplied as consumers generate and businesses collect more and more personal data online, forcing efforts to strike an appropriate balance between privacy and commercial speech. No consensus on this balance has been reached. Some privacy scholars bemoan what they see as a slanted playing field in favor of those wishing to profit from the private details of other people’s lives. Others contend that the right in free expression ...


Privacy Harm Exceptionalism, Ryan Calo Jan 2014

Privacy Harm Exceptionalism, Ryan Calo

Articles

“Exceptionalism” refers to the belief that a person, place, or thing is qualitatively different from others in the same basic category. Thus, some have spoken of America’s exceptionalism as a nation. Early debates about the Internet focused on the prospect that existing laws and institutions would prove inadequate to govern the new medium of cyberspace. Scholars have made similar claims about other areas of law.

The focus of this short essay is the supposed exceptionalism of privacy. Rather than catalogue all the ways that privacy might differ from other concepts or areas of study, I intend to focus on ...


Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz Jan 2014

Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz

Faculty Publications

“Big Data” is big business. Data brokers profit by tracking consumers’ information and behavior both on- and offline and using this collected data to assign consumers evaluative scores and classify consumers into segments. Companies then use these consumer scores and segmentations for marketing and to determine what deals, offers, and remedies they provide to different individuals. These valuations and classifications are based on not only consumers’ financial histories and relevant interests, but also their race, gender, ZIP Code, social status, education, familial ties, and a wide range of additional data. Nonetheless, consumers are largely unaware of these scores and segmentations ...


In Defense Of The Panopticon, William H. Simon Jan 2014

In Defense Of The Panopticon, William H. Simon

Faculty Scholarship

Anxiety about surveillance and data mining has led many to embrace implausibly expansive and rigid conceptions of privacy. The premises of some current privacy arguments do not fit well with the broader political commitments of those who make them. In particular, liberals seem to have lost touch with the reservations about privacy expressed in the social criticism of some decades ago. They seem unable to imagine that preoccupation with privacy might amount to a “pursuit of loneliness” or how “eyes on the street” might have reassuring connotations. Without denying the importance of the effort to define and secure privacy values ...


Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile Jan 2014

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that ...


Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player Jan 2014

Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player

Faculty Scholarship at Penn Law

In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still, population-based analysis is not without its problems. At times, Parmet claims too much territory for the population perspective. Moreover, Parmet urges ...