Law Commons^™

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au

Lorrie F Cranor

We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …

A Brave New World Of Ambient Intelligence In The Casinos Of Macau: Reality Or Fiction?, Hugo Luz Dos Santos Mr.

UNLV Gaming Research & Review Journal

The article scrutinizes the brave new world of ambient intelligence in the casinos of the Macau, Special Administrative Region of People´s Republic of China, chiefly in regards to the (candent) issue of privacy of the casino patrons.

Moreover, this scientific article provides an overview about the secondary use of big data of the casino patrons for law enforcement purposes.

Appropriate(D) Moments, Richard Chused

Fordham Intellectual Property, Media and Entertainment Law Journal

INTRODUCTION Quietly reading a book by a window in your apartment isn’t necessarily a “private” act. Many living in densely packed locations like Manhattan inevitably wonder whether eyes peering through telescopes or watching digital camera screens find them, linger for a time, capture images or generate fantasies about who and what they are. That appropriation reality popped into public view in 2013 when Martha and Matthew Foster discovered images of themselves and their children, Delaney and James, in Arne Svenson’s photography exhibition The Neighbors mounted at the Julie Saul Gallery in the Chelsea district of Manhattan. The Fosters lived in …

Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser

Northern Illinois Law Review Supplement

The widespread use of body-worn cameras among police departments across the nation is not only the next logical step in law enforcement, but in the wake of the confrontation in Ferguson, Missouri between Michael Brown and Darren Wilson, it is also crucial to ensuring the safety of both civilians and officers alike. This article discusses the numerous advantages to body-worn technology and the positive results that have been demonstrated by precincts already utilizing the equipment; as well as dispels several counter arguments, namely that body-worn cameras are a violation of privacy.

Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton

Fordham Intellectual Property, Media and Entertainment Law Journal

In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.

Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff

Maryland Law Review

No abstract provided.

The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim

Maryland Law Review

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …

Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano

Maryland Law Review

New technologies inevitably raise novel legal questions. This is particularly true of technologies, such as neuro lie detection, that offer new ways to investigate crime. Recently, a number of scholars have asked whether neuro lie detection testing is constitutional. So far, the debate has focused on the Fifth Amendment—specifically whether evidence gathered through neuro lie detection is constitutionally admissible because it is “physical” in nature or inadmissible because it is “testimonial” in nature. Under current Supreme Court doctrine, this Fifth Amendment debate is intractable. However, the more fundamental question of whether the government can compel individuals to undergo a neuro …

Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer

Maryland Law Review

No abstract provided.

When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas

Journal Articles

Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …

Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu

Seattle University Law Review

A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …

Content Analysis Of Pre- And Post-Jones Federal Appellate Cases: Implications Of Jones For Fourth Amendment Search Law, James A. Purdon

Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects

This study examines the state of Fourth Amendment search law in relationship to the decision in the recent, landmark case of United States v. Jones. This study focused on the effects of the Jones decision, trespass doctrine, relative to the former precedent of Katz v. United States, reasonable expectation of privacy doctrine, and the rates of searches being found under these two tests (or a combination of both). This study used a qualitative content analysis of federal appellate cases which cited Jones and/or Katz to answer the following questions: Which tests were being used in federal appellate cases …

A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale

St. John's Law Review

(Excerpt)

This Note argues that Exemption 7(C) of the Freedom of Information Act ("FOIA"), which exempts from disclosure information compiled for law enforcement purposes that "could reasonably be expected to constitute an unwarranted invasion of personal privacy," should be categorically applied to mug shots. Part I of this Note explores the recognition of a privacy right and the regulation of public records in the United States, with a focus on FOIA. Part II discusses the conflicting viewpoints held by the circuit courts that have decided whether or not Exemption 7(C) applies to mug shots. Each court analyzed whether a personal …

Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi

College of Law Faculty Scholarship

Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.Our submission addresses the following issues: • What role does data play in the business model of online platforms? • Can data-driven online platforms have excessive market power? • If so, how can they abuse this power? • If so, how does this happen and what effect …

Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi

Scholarly Works

Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.

Our submission addresses the following issues: • What role does data play in the business model of online platforms? • Can data-driven online platforms have excessive market power? • If so, how can they abuse this power? • If so, how does this happen and what …

The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Appropriate(D) Moments, Richard H. Chused

Articles & Chapters

No abstract provided.

Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, Eric Willey, Laura Farley

Faculty and Staff Publications – Milner Library

The Wisconsin School for Girls collection housed in the Wisconsin Historical Society (WHS) archives contains a variety of documents from the institution’s period of operation. Inmates who were admitted to the institution were predominately juvenile females at the time of the records’ creation; because of this, the contents of the records are protected by Wisconsin state statutes, which mandate restricted access for patrons as well as limitations on the use of the information contained within the records. This article examines how the restrictions on the collection continue to protect the privacy of the inmates and their descendants, what procedures WHS …

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Faculty Publications

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.

Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson

Dalhousie Law Journal

This article examines the issue of the retention and destruction of personal health information. While legislation in Canada shows some attention to the issue of retaining health records, very little consideration has been given to their destruction. As technological advances have made indefinite retention feasible, serious privacy issues are now being raised by the lack of a standard related to the destruction of health records. The author argues that this issue needs to be explicitly addressed. The author analyzes this problem by looking at issues of autonomy, public good, inequality, and privacy as a social good before offering thoughts on …

Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

El Derecho Al Secreto Y La Teoría Del Cono, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El presente estudio contiene una teoría general del derecho de los secretos, que sirve para determinar el peso específico de cada secreto, a efectos de realizar una correcta ponderación de derechos. La teoría explica las relaciones que existen entre los diversos tipos de secreto, utilizando y desarrollando la teoría del cono de García Morente, que se muestra como una herramienta apropiada para dilucidar cuándo hay derecho al secreto, cuando no lo hay y en qué medida. La metodología utilizada es inductiva. El análisis se estructura de la siguiente manera: (i) se recapitula la teoría general del derecho de los secretos; …

Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman

Nevada Law Journal

No abstract provided.

Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner

Nevada Law Journal

No abstract provided.

Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills

Jon L. Mills

Individual and human rights in this country have evolved from national movements and national standards. The Fourteenth Amendment's application of rights to the states was a landmark in human rights, guaranteeing all citizens, no matter their state of residence, a baseline of protection. The Federal Constitution was the protector-“states' rights” was the code phrase for discrimination. But in the American crucible of cultural diversity a national standard for “community” may result in the lowest common denominator or a definition based on averaging. Would it not be better when the most individual of rights, privacy, is implicated to define that right …

A Conceptual Framework For The Regulation Of Cryptocurrencies, Omri Y. Marian

Omri Y Marian

This Essay proposes a conceptual framework for the regulation of transactions involving cryptocurrencies. Cryptocurrencies offer tremendous opportunities for innovation and development but are also uniquely suited to facilitate illicit behavior. The regulatory framework suggested herein is intended to support (or at least not impair) cryptocurrencies’ innovative potential. At the same time, it aims to disrupt cryptocurrencies’ criminal utility. To achieve these purposes, this Essay proposes a regulatory framework that imposes costs on the characteristics of cryptocurrencies that make them especially useful for criminal behavior (in particular, anonymity) but does not impose costs on characteristics that are at the core of …

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …

The Shaky Ground Of The Right To Be Delisted, Miquel Peguera

Miquel Peguera

It has long been discussed whether individuals should have a “right to be forgotten” online to suppress old information that could seriously interfere with their privacy and data protection rights. In the landmark case of Google Spain v AEPD, the Court of Justice of the European Union addressed the particular question of whether, under EU Data Protection Law, individuals have a right to have links delisted from the list of search results, in searches made on the basis of their name. It found that they do have this right – which can be best described as a “right to be …