Computer Law Commons^™

What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells

Indiana Law Journal

This Comment will argue that the Supreme Court should analyze standing in data breach litigation under a standard that is deferential to state statutory and common law. Specifically, federal standing analysis should look to state law when determining whether an injury is concrete such that the injury-in-fact requirement is met. Some argue that allowing more data breach cases to proceed to the merits could lead to an explosion of successful litigation and settlements, burdening the federal courts and causing economic losses for the breached businesses. These concerns may be valid. But if state law provides a remedy to the harm …

A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Indiana Law Journal

Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.

Our survey is the first comprehensive examination of the intersection of …

Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle

Indiana Law Journal

Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …

A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia

Indiana Law Journal

No abstract provided.

Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp

Indiana Law Journal

No abstract provided.

Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer

Indiana Law Journal

No abstract provided.

Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason

Indiana Law Journal

No abstract provided.

The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli

Indiana Law Journal

No abstract provided.

The Patentability Of Computer Programs: Merrill Lynch's Patent For A Financial Services System, Lynne B. Allen

Indiana Law Journal

No abstract provided.