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Full-Text Articles in Law
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Washington Journal of Law, Technology & Arts
Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment? Can—or …
Between You, Me, And Alexa: On The Legality Of Virtual Assistant Devices In Two-Party Consent States, Ria Kuruvilla
Between You, Me, And Alexa: On The Legality Of Virtual Assistant Devices In Two-Party Consent States, Ria Kuruvilla
Washington Law Review
When an Amazon Echo is activated, the device is constantly recording and sending those recordings to Amazon’s cloud. For an always recording device such as the Echo, getting consent from every person subject to a recording proves difficult. An Echo-owner consents to the recordings when they purchase and register the device, but when does a guest in an Echo-owner’s home consent to being recorded? This Comment uses Amazon’s Echo and Washington’s privacy statute to illustrate the tension between speech-activated devices and two-party consent laws—which require that all parties subject to a recording consent to being recorded. This Comment argues that …
Animal Healthcare Robots: The Case For Privacy Regulation, Sulaf Al-Saif
Animal Healthcare Robots: The Case For Privacy Regulation, Sulaf Al-Saif
Washington Journal of Law, Technology & Arts
Animal healthcare robots are a form of healthcare or wellness devices that possess the appearance of animals or pets and that collect data on the user. The appearance, use, and nature of data collected by these robots illustrate two types of devices for which privacy regulation falls short: Internet of Things (“IoT”) devices and healthcare devices. This paper surveys the animal healthcare robots currently in the market, details the special privacy concerns associated with such robots, examines the current state of potentially relevant privacy laws, and makes recommendations for privacy regulation in the future.
Science And Privacy: Data Protection Laws And Their Impact On Research, Mike Hintze
Science And Privacy: Data Protection Laws And Their Impact On Research, Mike Hintze
Washington Journal of Law, Technology & Arts
While privacy laws differ in their scope, focus, and approach, they all involve restrictions on the collection, use, sharing, or retention of information about people. In general, privacy laws reflect a societal consensus that privacy violations can lead to a wide range of financial, reputational, dignitary, and other harms, and that excessive collection and harmful uses of personal information should therefore be constrained. These laws require organizations to comply with a number of obligations concerning personal information. In practice, these requirements can lead organizations to refrain from collecting certain data, only use data with the consent of the individual, or …
Striking A Balance: Privacy And National Security In Section 702 U.S. Person Queries, Brittany Adams
Striking A Balance: Privacy And National Security In Section 702 U.S. Person Queries, Brittany Adams
Washington Law Review
The transformation of U.S. foreign intelligence in recent years has led to increasing privacy concerns. The Foreign Intelligence Surveillance Act of 1978 (FISA) traditionally regulated foreign intelligence surveillance by authorizing warrant-based searches of U.S. and non-U.S. persons. Individualized court orders under traditional FISA were intended to protect U.S. persons and limit the scope of intelligence collection. In a post-9/11 world, however, the intelligence community cited concerns regarding the speed and efficiency of collection under traditional methods. The intelligence and law enforcement communities recognized the “wall” preventing information sharing between the communities as a central failure leading to the 9/11 attacks. …
Privacy Law's Indeterminacy, Ryan Calo
Privacy Law's Indeterminacy, Ryan Calo
Articles
American legal realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis—a key concept of American legal realism—and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself