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2001

Privacy

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Articles 1 - 30 of 36

Full-Text Articles in Law

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson Dec 2001

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …

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Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson Oct 2001

Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson

The Southeastern Librarian

According to the American Library Association, library records should be kept private and confidential. Most states also have laws that protect the confidentiality of library records. This article will discuss the library confidentiality laws of the Southeastern United States, as well as the Family Educational Rights and Privacy Act (FERPA), and the USA PATRIOT Act (popularly known as the antiterrorism statute).

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3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island Aug 2001

3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

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Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack Jul 2001

Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack

Malla Pollack

This article proposes a relatively novel model of government regulation and illustrates how the model might work with respect to Internet privacy protection for U.S. residents. [I suggest "opt-in government" as a practical method to integrate the democratic concept of voice with the market model of choice. "Opt-in government" either (i) creates "a safe place" that persons may enter only if they wish to do so, or (ii) enables a choice that the so-called private sector has not offered.

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The Emergence Of Website Privacy Norms, Steven A. Hetcher Jun 2001

The Emergence Of Website Privacy Norms, Steven A. Hetcher

Michigan Telecommunications & Technology Law Review

Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …

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Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont Jun 2001

Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont

Michigan Telecommunications & Technology Law Review

The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.

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21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2001

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

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No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia Apr 2001

No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia

Cornell Journal of Law and Public Policy

No abstract provided.

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Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black Apr 2001

Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black

Cornell International Law Journal

No abstract provided.

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The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye Apr 2001

The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye

Cornell Journal of Law and Public Policy

No abstract provided.

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Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein Mar 2001

Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein

Federal Communications Law Journal

The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …

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Law And Policy In The Age Of The Internet , Robert E. Litan Feb 2001

Law And Policy In The Age Of The Internet , Robert E. Litan

Duke Law Journal

No abstract provided.

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The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway Jan 2001

The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway

Fordham Journal of Corporate & Financial Law

No abstract provided.

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Leach Keynote Address, James A. Leach Jan 2001

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

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Currents In The Stream: The Evolving Legal Status Of Gay And Lesbian Persons In Kentucky, Matthew M. Morrison Jan 2001

Currents In The Stream: The Evolving Legal Status Of Gay And Lesbian Persons In Kentucky, Matthew M. Morrison

Kentucky Law Journal

No abstract provided.

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Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelen Laboratories V. Topps Chewing Gum, J. Gordon Hylton Jan 2001

Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelen Laboratories V. Topps Chewing Gum, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.

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Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye Jan 2001

Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye

Journal Articles

This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …

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The Constitutionality Of Dna Sampling On Arrest, David H. Kaye Jan 2001

The Constitutionality Of Dna Sampling On Arrest, David H. Kaye

Journal Articles

Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.

Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …

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Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller Jan 2001

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Journal Articles

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

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Through The Lens Of The Sequence, Ellen Wright Clayton Jan 2001

Through The Lens Of The Sequence, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as interested in what the sequence is as in what it means for individuals and for society, for good or for ill. My purpose in writing this essay is to discuss how the project was conducted here in the United States, and some of the implications of knowing the sequence (or more aptly, a sequence).

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Chasing Bits Across Borders, Patricia L. Bellia Jan 2001

Chasing Bits Across Borders, Patricia L. Bellia

Journal Articles

As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …

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Protecting Privacy With Deceptive Trade Practices Legislation , Jeff Sovern Jan 2001

Protecting Privacy With Deceptive Trade Practices Legislation , Jeff Sovern

Fordham Law Review

No abstract provided.

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A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore Jan 2001

A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore

Fordham Law Review

No abstract provided.

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A Further Comment On Robert P. George's "Natural Law", James E. Fleming Jan 2001

A Further Comment On Robert P. George's "Natural Law", James E. Fleming

Fordham Law Review

No abstract provided.

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The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley Jan 2001

The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley

Fordham Law Review

No abstract provided.

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Natural Law And The Constitution Revisited, Robert P. George Jan 2001

Natural Law And The Constitution Revisited, Robert P. George

Fordham Law Review

No abstract provided.

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Privacy And Power: Computer Databases And Metaphors For Information Privacy, Daniel J. Solove Jan 2001

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 …

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Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal Jan 2001

Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal

Marquette Sports Law Review

No abstract provided.

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Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand Jan 2001

Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand

Marquette Sports Law Review

No abstract provided.

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Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Maureen A. O'Rourke Jan 2001

Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Maureen A. O'Rourke

Faculty Scholarship

The Internet's emergence as a retail marketplace has both posed new issues and cast old problems in a new light. As technology, particularly software, has advanced over time, traditional bricks and mortar firms have acquired the capability of tracking and analyzing all sorts of information about their customers, including purchasing patterns and demographic information. For years, firms have been licensing and selling such customer data both in and out of bankruptcy without much fear of legal limitations. In particular, the law has generally not adopted privacy rules that would present a barrier to commerce in personal information.

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