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Articles 1 - 30 of 2001

Full-Text Articles in Privacy Law

Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague Nov 2017

Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague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


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.


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 ...


Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm Jul 2017

Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm

Maryland Law Review

No abstract provided.


Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan Jul 2017

Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan

Maryland Law Review

No abstract provided.


In Defense Of The Long Privacy Statement, Mike Hintze Jul 2017

In Defense Of The Long Privacy Statement, Mike Hintze

Maryland Law Review

No abstract provided.


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.


A Critical Assessment Of The Empiricism In The Restatement Of Consumer Contract Law, Gregory Klass Jul 2017

A Critical Assessment Of The Empiricism In The Restatement Of Consumer Contract Law, Gregory Klass

Georgetown Law Faculty Publications and Other Works

The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule or comment.

This article examines the draft’s study of privacy-policy decisions, which the draft relies on for a comment stating that business privacy policies are generally treated as contract terms. This article finds that the data for the privacy-policy study provide only limited support for their proposed comment, and much less than the draft suggests. Whereas the Reporters find forty cases in their dataset reaching a holding on the question, this study finds only fifteen. And whereas ...


Keeping Up With New Legal Titles, Franklin L. Runge Jun 2017

Keeping Up With New Legal Titles, Franklin L. Runge

Franklin L. Runge

In this book review, Franklin L. Runge discusses The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (2016) by Laura K. Donohue.


Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer Jun 2017

Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer

Seattle University Law Review

Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws ...


Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney Jun 2017

Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney

Boston College Journal of Law & Social Justice

On July 14, 2016, the U.S. Court of Appeals for the Sixth Circuit held that criminal defendants have a legitimate privacy interest in their booking photographs, thereby reversing and remanding a grant of summary judgment in favor of the Detroit Free Press’s request for the booking photographs of four police officers who had recently been indicted for bribery and drug conspiracy. In holding that the public disclosure of booking photographs may constitute an unwarranted invasion of personal privacy, the majority overturned twenty years’ worth of Sixth Circuit precedent. The court properly acknowledged that booking photographs convey a portrait ...


Only The Good Regulations Die Young: Recognizing The Consumer Benefits Of The Fcc's Now-Defunct Privacy Regulations, Paul R. Gaus Jun 2017

Only The Good Regulations Die Young: Recognizing The Consumer Benefits Of The Fcc's Now-Defunct Privacy Regulations, Paul R. Gaus

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Dynamic Effect Of Information Privacy Law, Ignacio Cofone Jun 2017

The Dynamic Effect Of Information Privacy Law, Ignacio Cofone

Minnesota Journal of Law, Science & Technology

Discussions of information privacy typically rely on the idea that there is a trade off between privacy and availability of information. But privacy, under some circumstances, can lead to creation of more information. In this article, I identify such circumstances by exploring the ex ante incentives created by entitlements to personal data and evaluating the long-term effects of privacy. In so doing, I introduce an economic justification of information privacy law. Under the standard law & economics account, as long as property rights are defined and transaction costs are low, initial right allocations should be irrelevant for social welfare. But initial ...


Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum Jun 2017

Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum

Georgia Journal of International & Comparative Law

No abstract provided.


The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog Jun 2017

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Maryland Law Review

No abstract provided.


Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law Jun 2017

Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law

University of Michigan Journal of Law Reform

This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.


Disentangling The Right Of Publicity, Eric E. Johnson Jun 2017

Disentangling The Right Of Publicity, Eric E. Johnson

Northwestern University Law Review

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is.

This Article explains how, in the absence of a clear enunciation of ...