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Articles 1 - 30 of 2050

Full-Text Articles in Privacy Law

Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes Jan 2018

Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes

Oklahoma Law Review

No abstract provided.


United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan Jan 2018

United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan

Oklahoma Law Review

No abstract provided.


Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague Nov 2017

Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague

Robert Sprague

This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. This article concludes that the future—indeed the present—does not bode well for worker privacy.


Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney Nov 2017

Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney

Maine Law Review

In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably ...


Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott Nov 2017

Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott

Duke Law & Technology Review

After granting permission to the Internal Revenue Service to serve a digital exchange company a summons for user information, the Federal District Court for the Northern District of California created some uncertainty regarding the privacy of cryptocurrencies. The IRS views this information gathering as necessary for monitoring compliance with Notice 2014-21, which classifies cryptocurrencies as property for tax purposes. Cryptocurrency users, however, view the attempt for information as an infringement on their privacy rights and are seeking legal protection. This Issue Brief investigates the future tax implications of Notice 2014-21 and considers possible routes the cryptocurrency market can take to ...


The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan Nov 2017

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered ...


Blethen Maine Newspapers, Inc. V. State: Balancing The Public's Right To Know Against The Privacy Rights Of Victims Of Sexual Abuse, Kenleigh A. Nicoletta Nov 2017

Blethen Maine Newspapers, Inc. V. State: Balancing The Public's Right To Know Against The Privacy Rights Of Victims Of Sexual Abuse, Kenleigh A. Nicoletta

Maine Law Review

In Blethen Maine Newspapers, Inc. v. State, a sharply divided Maine Supreme Judicial Court, sitting as the Law Court, held that release of records relating to Attorney General G. Steven Rowe's investigation of alleged sexual abuse by Catholic priests was warranted under Maine's Freedom of Access Act (FOAA). Although such investigative records are designated confidential by statute, the majority held that the public's interest in the contents of the records mandated their disclosure after all information identifying persons other than the deceased priests had been redacted. The concurrence asserted that the majority had reached the correct conclusion ...


Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom Nov 2017

Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom

Catholic University Law Review

As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take ...


Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas Oct 2017

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas

Brian Larson

This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.


Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon Sep 2017

Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon

Oklahoma Journal of Law and Technology

No abstract provided.


Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner Sep 2017

Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner

Oklahoma Journal of Law and Technology

No abstract provided.


Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe Sep 2017

Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe

Oklahoma Journal of Law and Technology

No abstract provided.


Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez Sep 2017

Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez

Nevada Supreme Court Summaries

The Nevada Supreme Court (en banc) held that (1) a hyperlink to source material concerning a judicial proceeding may qualify as a report within the common law fair report privilege; and (2) Nevada’s anti-SLAPP statute, as effective prior to the 2013 amendment, reaches communication “aimed at procuring any governmental or electoral action,” even if it is not addressed to a government agency.


Health Information Technology And Hipaa: Can We Satisfy Security And Privacy Standards In The Digital Age, Robert Malone Sep 2017

Health Information Technology And Hipaa: Can We Satisfy Security And Privacy Standards In The Digital Age, Robert Malone

Oklahoma Journal of Law and Technology

No abstract provided.


Looking For Lagniappe: Publicity As A Culprit To Social Networking Websites, Kristin Decker Sep 2017

Looking For Lagniappe: Publicity As A Culprit To Social Networking Websites, Kristin Decker

Oklahoma Journal of Law and Technology

No abstract provided.


Not So Fast: Quon V. Arch Wireless Is Not Employees' License To Text The Workday Away, Amanda R. Higgins Sep 2017

Not So Fast: Quon V. Arch Wireless Is Not Employees' License To Text The Workday Away, Amanda R. Higgins

Oklahoma Journal of Law and Technology

No abstract provided.


The Ecology Of Transparency Reloaded, Seth F. Kreimer Sep 2017

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


Reining In Internet-Age Expansion Of Exemption 7(C): Towards A Tort Law Approach For Ferreting Out Legitimate Privacy Concerns And Unwarranted Intrusions Under Foia, Clay Calvert, Austin Vining, Sebastian Zarate Sep 2017

Reining In Internet-Age Expansion Of Exemption 7(C): Towards A Tort Law Approach For Ferreting Out Legitimate Privacy Concerns And Unwarranted Intrusions Under Foia, Clay Calvert, Austin Vining, Sebastian Zarate

SMU Law Review

Using the July 2016 federal appellate court decision in Detroit Free Press, Inc. v. U.S. Department of Justice as an analytical springboard, this article explores the expansion of Freedom of Information Act (FOIA) Exemption 7(C) in the Internet era. In Detroit Free Press, the Sixth Circuit recognized a privacy interest in mug shots under Exemption 7(C). The practical impact of the decision is to uphold the general policy of the U.S. Marshals Service not to release mug shots. This article illustrates the yawning gap between tort law, which this article argues would deny recovery for the ...


Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert Sep 2017

Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert

Nevada Supreme Court Summaries

The Court found that discretionary-function immunity does not apply to intentional bad-faith tort claims. The Court also expressly adopted the false light invasion of privacy right of action in order to fully protect privacy interests. The Court also adopted the sliding scale approach for evaluating IIED claims, holding that increased severity of conduct will require less evidence to prove emotional distress.


Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott Sep 2017

Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott

Oklahoma Journal of Law and Technology

No abstract provided.


Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee Sep 2017

Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee

Maine Law Review

Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which ...


Iright: There's No App For That, Justin Hinderliter Sep 2017

Iright: There's No App For That, Justin Hinderliter

Oklahoma Journal of Law and Technology

No abstract provided.


Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner Sep 2017

Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner

The Catholic Lawyer

No abstract provided.


Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer Sep 2017

Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer

Legal Scholarship

[Excerpt]: "INTRODUCTION: The Health Law and Policy Programs at UNH School of Law, Institute for Health Policy and Practice, and the NH Citizens Health Initiative have contracted with several of the New Hampshire Building Capacity for Transformation Delivery System Reform Incentive Payment (DSRIP) Integrated Delivery Networks (IDN) to provide technical assistance to the IDNs as they develop confidentiality tools related to substance use disorder services projects.

A UNH Team assisted the IDNs by providing an educational summary of federal and state confidentiality requirements, focusing on 42 CFR Part 2, and hosting IDN interdisciplinary teams in three Substance Use Disorder (SUD ...


Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford Aug 2017

Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford

Legal Scholarship

These comments respond to the Federal Trade Commission’s request for public comment on the CAN-SPAM Rule, 16 C.F.R. Part 316.

The CAN-SPAM Act set a minimum baseline for consumer protections that senders of unsolicited commercial email must respect. These protections have been largely effective at giving consumers the ability to manage how a large group of companies uses their email addresses for marketing. At the same time, the Act has had little effect on the volume of unsolicited commercial email or on the amount of email sent by scammers and fraudsters. The Act and its implementing Rule ...


Disposing With A (Not-So) Blunt Instrument, For Privacy’S Sake, Victoria Ashley Paxton Aug 2017

Disposing With A (Not-So) Blunt Instrument, For Privacy’S Sake, Victoria Ashley Paxton

University of Miami International and Comparative Law Review

No abstract provided.


From Blockbuster To Mobile Apps—Video Privacy Protection Act Of 1988 Continues To Protect The Digital Citizen, Ann Stehling Aug 2017

From Blockbuster To Mobile Apps—Video Privacy Protection Act Of 1988 Continues To Protect The Digital Citizen, Ann Stehling

SMU Law Review

No abstract provided.


Relational Contracts Of Adhesion, David A. Hoffman Jul 2017

Relational Contracts Of Adhesion, David A. Hoffman

Faculty Scholarship

Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued for failing to perform.

On reflection, this ordinary phenomenon is perplexing. Why would firms persist in deploying uncommunicative behavioral ...


The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman Jul 2017

The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman

Pepperdine Law Review

Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...


Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker Jul 2017

Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker

Maryland Law Review

No abstract provided.