Law Commons^™

A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc

University of Miami International and Comparative Law Review

No abstract provided.

Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson

Research Data

This document, Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), 93 Wash. L. Rev. Online 2051 (2018), https://www.law.uw.edu/wlr/online-edition/scott-skinner-thompson, was published as an electronic supplement to the empirical study, Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018), available at https://scholar.law.colorado.edu/articles/1218/.

Cybersecurity, Shareholders, And The Boardroom: An Analysis Of Current And Proposed Measures For Protecting Corporate Intellectual Property, Kathryn V. Wymer

Journal of Intellectual Property Law

No abstract provided.

A Duty To Safeguard: Data Breach Litigation Through A Quasi-Bailment Lens, Miles Christian Skedvold

Journal of Intellectual Property Law

No abstract provided.

The First Amendment In The Second Gilded Age, Jack M. Balkin

Buffalo Law Review

How do we pay for the digital public sphere? In the Second Gilded Age, the answer is primarily through digital surveillance and through finding ever new ways to make money out of personal data. Digital capitalism in the Second Gilded Age features an implicit bargain: a seemingly unlimited freedom to speak in exchange for the right to surveil and manipulate end users.To protect freedom of speech in the Second Gilded Age we must distinguish the values of free speech from the judicially created doctrines of the First Amendment. That is because the practical freedom to speak online depends on a …

الرقابة القانونية على أعمال مجلس إدارة شركة المساهمة العامة (دراسة تحليلية نقدية في ظل قانون الشركات التجارية الإماراتي رقم 2 لسنة 2015), خالد صالح محمد عبدا لله القطبة

Private Law Theses

هدفت هذ الدراسة العلمية إلى التعرف على الرقابة القانونية على أعمال مجلس إدارة شركة المساهمة العامة في ظل قانون الشركات التجارية الإماراتي رقم (2) لسنة 2102. وقد تناولت الدراسة المنهج التحليلي النقدي، حيث تناولت آلية تشكيل مجلس إدارة شركة المساهمة العامة والنظام القانوني لعمل مجلس الإدارة وقمنا فيه بالتعرض لآلية تعيين وعزل مجلس الإدارة من خلال تعيين رئيس مجلس إدارة شركة المساهمة العامة ونائبة وكذا تعيين العضو المنتدب وشروط تعيين أعضاء مجلس الإدارة نهاية بعزل أعضاء مجلس الإدارة. ثم بينا بعد ذلك اختصاصات مجلس الإدارة وكذا مسؤولياته واجتماعاته ومدته انتهاء بمكافأة مجلس الإدارة وإصدار القرارات.

ثم بعد ذلك تعرضت بالدراسة …

Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip

Research Collection Yong Pung How School Of Law

At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.

Privacy Spaces, Bert-Jaap Koops

West Virginia Law Review

Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …

Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden

West Virginia Law Review

No abstract provided.

Privacy Localism, Ira S. Rubinstein

Washington Law Review

Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level (which it dubs “privacy localism”), using recently enacted privacy laws in Seattle and New York City as principal examples. Further, this Article attributes the rise of privacy localism to a combination of federal and state legislative failures and three emerging urban trends: the role of local police in federal counterterrorism efforts; smart city and open data initiatives; and demands for local police reform in the wake of widely reported abusive …

Privacy's Double Standards, Scott Skinner-Thompson

Washington Law Review

Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections. This Article unearths disparate outcomes in public disclosure tort …

Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip

Research Collection Yong Pung How School Of Law

At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

St. John's Law Review

(Excerpt)

This Article suggests that we would benefit if we would protect privacy by sometimes requiring tactful inattention by potential users rather than total secrecy by the target. That is, some legal privacy protections should stop emphasizing secrecy and instead emphasize the appropriate uses of personally identifiable and often sensitive information by gelling tactful inattention into legal standards. Culturally, such an expansion may be difficult, as we tend to a “finders-keepers” attitude towards data. However, given technology’s ability to dissolve routine barriers, if we require others to leave some information out of some equations, we may be able to retain …

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …

A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland

H. Brian Holland

Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish

Austen Parrish (2014-2022)

A recent Bureau of Labor Statistics report estimated a near 30 percent growth in coming years for information security professionals, far outpacing most other job types. While Indiana University has long recognized the importance of data security and privacy, multiple new initiatives are ensuring that the next generation of chief information security officers, systems analysts, privacy professionals and others will come from our law school.

One of the ways the law school is leading the way is through the university’s new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s top-ranked schools …

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.

Clark Cty. Sch. Dist. V. Las Vegas Review Journal, Nev. Adv. Op. 84 (Oct. 25, 2018) (En Banc), Edgar Cervantes

Nevada Supreme Court Summaries

The Court determined that the interest of individuals who participate in an internal investigation by a state agency regarding the inappropriate behavior of an elected official should be considered before publishing their identity or identifying information on public records. The Court adopted the Cameranesi test to determine the scope of redactions of names of persons identified in an investigative report with nontrivial privacy claims.

Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady

Nevada Supreme Court Summaries

The Court determined that the Nevada Public Records Act requires the government agency to disclose the requested information if: (1) it can be found by searching a database for existing information, (2) it is readily accessible and not confidential, and (3) the alleged risks of disclosure do not outweigh the benefits of the public’s interest in the records.

Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz

Brooklyn Law Review

This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent and technological and regulatory developments. Robocalls—phone calls made using autodialers or prerecorded messages without the consent of the call recipient—have become one of the primary consumer protection issues facing regulators. With more than 2.4 billion of these calls placed each month, consumer concern about them dominate complaints received by both the Federal Communications Commission and Federal Trade Commission. Simultaneously, as cellphones have become a ubiquitous means by which individuals engage with one another and have become the public square, …

Smart Devices In Criminal Investigations: How Section 8 Of The Canadian Charter Of Rights And Freedoms Can Better Protect Privacy In The Search Of Technology And Seizure Of Information, Lee-Ann Conrod

LLM Theses

This thesis examines the jurisprudence from the Supreme Court of Canada (SCC) on informational privacy under section 8 of the Canadian Charter of Rights and Freedoms as it relates to searches of technology in the context of criminal investigations. The development and use of technology in criminal investigations will be detailed along with an overview of the current state of the law in this area. Challenges with the interpretation of section 8 demonstrate a prevalent uncertainty. This thesis proposes a new approach for the SCC to apply to cases where technology intersects with section 8 of the Charter. The proposal …

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …

Common Sense: Rethinking The New Common Rule's Week Protections For Human Subjects, Ahsin Azim

Vanderbilt Law Review

Since 1991, the Federal Policy for the Protection of Human Subjects, known as the "Common Rule," has protected the identifiable private information of human subjects who participate in federally funded research initiatives. Although the research landscape has drastically changed since 1991, the Common Rule has remained mostly unchanged since its promulgation. In an effort to modernize the Common Rule, the Federal Policy for the Protection of Human Subjects Final Rule ("Final Rule') was published on January 19, 2017. The Final Rule, however, decreases human-subject protections by increasing access to identifiable data with limited administrative oversight. Accordingly, the Final Rule demands …

Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, James W. Hazel, Christopher Slobogin

Cornell Journal of Law and Public Policy

Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gathered biological material sent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …

The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito

Journal of Law and Policy

Most have heard the phrase “revenge pornography” via the various websites that have infiltrated the internet for the sole purpose of posting this type of content. Not only do these websites display photos and videos of the victim in their most intimate moments, but they also often include names, addresses, phone numbers, and other identifying information. While many people know what revenge pornography is, they are completely unaware of the devastating impact that revenge pornography has on victims, the majority of which are women. As a result of revenge pornography, victims often suffer from mental illnesses (depression, anxiety, suicidal ideation, …

"Know Everything That Can Be Known About Everybody": The Birth Of The Credit Report, Jonathan Weinberg

Villanova Law Review

No abstract provided.

Mining For Children’S Data In Today’S Digital World, Damin Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Search Engines And The Right To Be Forgotten: Squaring The Remedy With Canadian Values On Personal Information Flow, Andrea Slane

Osgoode Hall Law Journal

The Office of the Privacy Commissioner of Canada (“OPC”) recently proposed that Canada’s private sector privacy legislation should apply in modified form to search engines. The European Union (“EU”) has required search engines to comply with its private sector data protection regime since the much-debated case regarding Google Spain in 2014. The EU and Canadian data protection authorities characterize search engines as commercial business ventures that collect, process, and package information, regardless of the public nature of their sources. Yet both also acknowledge that search engines serve important public interests by facilitating users’ search for relevant information. This article considers …

Textual Privacy And Mobile Information, Simon Stern

Osgoode Hall Law Journal

The Supreme Court of Canada’s decision in R v Marakah attempted to resolve the privacy status of text messages under section 8 of the Charter, but offered an incomplete solution because it failed to address the normative basis for protecting such communications. Despite the complexity of section 8 analysis (which itself is a product of multiple and inconsistent tests used to answer the same questions), the privacy of text messages allows for a relatively simple analysis. Normatively speaking, letters, email, and text messages all attract the same basic privacy interest, and should be treated analogously. However, if the police have …

Law, Metaphor, And The Encrypted Machine, Lex Gill

Osgoode Hall Law Journal

The metaphors we use to imagine, describe, and regulate new technologies have profound legal implications. This article offers a critical examination of the metaphors we choose to describe encryption technology and aims to uncover some of the normative and legal implications of those choices. The article begins with a basic technical backgrounder and reviews the main legal and policy problems raised by strong encryption. Then it explores the relationship between metaphor and the law, demonstrating that legal metaphor may be particularly determinative wherever the law seeks to integrate novel technologies into old legal frameworks. The article establishes a loose framework …