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Privacy Law

Brooklyn Law School

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Articles 1 - 15 of 15

Full-Text Articles in Computer Law

The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan Apr 2022

The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan

Brooklyn Law Review

For years, big businesses have been collecting and selling users’ personal information without permission. In attempts at preventing this practice, users have brought civil actions under the Computer Fraud and Abuse Act (CFAA), alleging a loss of personal privacy. As currently enacted, “personal privacy” is not included in the statutory definition of loss. Further, courts have been reluctant to interpret the CFAA broadly to cover loss of personal privacy claims. This note proposes that an amendment to the CFAA is necessary to close this gap in the statute’s coverage and better protect users’ right to privacy.


From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi Dec 2021

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …


Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane Dec 2021

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …


Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast Dec 2020

Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast

Brooklyn Journal of International Law

Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …


Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick Dec 2020

Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick

Brooklyn Journal of International Law

Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere …


The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness Jun 2020

The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness

Brooklyn Journal of Corporate, Financial & Commercial Law

Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory …


The Common Law Of Cyber Trespass, Michael J. O'Connor Apr 2020

The Common Law Of Cyber Trespass, Michael J. O'Connor

Brooklyn Law Review

Right now, if executives in California and Virginia each bribe a competitor’s disloyal employee to steal a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA), the Government can charge one executive but not the other. Courts decide these cases differently due to the widening circuit split over the CFAA term “without authorization.” Neither the Supreme Court nor Congress has shown interest in resolving the split over authorization. Even more concerning is the suggestion that they can’t resolve it; the statute addresses too many potential scenarios for a single definition to end all debate. …


Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman Dec 2019

Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman

Journal of Law and Policy

As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …


The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan Jul 2019

The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan

Brooklyn Journal of International Law

Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …


Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson Jul 2019

Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson

Brooklyn Journal of International Law

In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …


Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson Jan 2017

Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson

Brooklyn Law Review

This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access are …


Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon Dec 2016

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …


“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts Dec 2016

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …


Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein Jan 2016

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …


Privacy Online, Nick Allard Jan 1998

Privacy Online, Nick Allard

Faculty Scholarship

No abstract provided.