Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (6)
- Consumer Protection Law (3)
- First Amendment (3)
- Law and Gender (3)
- Law and Society (3)
-
- Fourth Amendment (2)
- Public Law and Legal Theory (2)
- Science and Technology Law (2)
- Sexuality and the Law (2)
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
- Common Law (1)
- Communications Law (1)
- Entertainment, Arts, and Sports Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Intellectual Property Law (1)
- Judges (1)
- Juvenile Law (1)
- Legal Biography (1)
- Legal History (1)
- National Security Law (1)
- President/Executive Department (1)
- Religion Law (1)
- Supreme Court of the United States (1)
- Torts (1)
- Keyword
-
- Privacy (16)
- Internet (5)
- Contracts (2)
- Discrimination (2)
- Fourth Amendment (2)
-
- Internet of Things (2)
- LGBT (2)
- Law and society (2)
- Secrecy (2)
- Sociology (2)
- Technology (2)
- Theory (2)
- Trust (2)
- 9/11 (1)
- ACLU (1)
- AIDS/HIV (1)
- Access doctrine (1)
- Algorithms (1)
- Anonymity (1)
- Anonymous (1)
- Anti-Paparazzi Act (1)
- Arrest (1)
- Arrest records (1)
- Arrestee (1)
- Art (1)
- Article 9 (1)
- Artificial intelligence (1)
- Bankruptcy (1)
- Biometric Data (1)
- Brandeis (1)
Articles 1 - 25 of 25
Full-Text Articles in Privacy Law
Cognitive Biases, Dark Patterns, And The ‘Privacy Paradox’, Ari Ezra Waldman
Cognitive Biases, Dark Patterns, And The ‘Privacy Paradox’, Ari Ezra Waldman
Articles & Chapters
Scholars and commentators often argue that individuals do not care about their privacy, and that users routinely trade privacy for convenience. This ignores the cognitive biases and design tactics platforms use to manipulate users into disclosing information. This essay highlights some of those cognitive biases – from hyperbolic discounting to the problem of overchoice – and discusses the ways in which platform design can manipulate disclosure. It then explains how current law allows this manipulative and anti-consumer behavior to continue and proposes a new approach to reign in the phenomenon.
Power, Process, And Automated Decision-Making, Ari Ezra Waldman
Power, Process, And Automated Decision-Making, Ari Ezra Waldman
Articles & Chapters
Many decisions that used to be made by humans are now made by machines. And yet, automated decision-making systems based on “big data” – powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process. This should make algorithmic decision-making an illegitimate source of authority in a liberal democracy. This Essay argues that algorithmic decision-making is a product of the neoliberal project to undermine social values like equality, nondiscrimination, and human flourishing …
Privacy's Law Of Design, Ari Ezra Waldman
Privacy's Law Of Design, Ari Ezra Waldman
Articles & Chapters
Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people to do specific things at specific times. And yet, there remains significant disagreement about what privacy by design actually means in practice: we have yet to define its who, what, when, why, and how. Different approaches to privacy by design have tried to answer those questions …
Safe Social Spaces, Ari Ezra Waldman
Safe Social Spaces, Ari Ezra Waldman
Articles & Chapters
Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Articles & Chapters
Internet of Things (“IOT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates and calories burned. This Article explores the connection between the types of data generated by the IOT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric …
Privacy, Notice, And Design, Ari Ezra Waldman
Privacy, Notice, And Design, Ari Ezra Waldman
Articles & Chapters
Design configures our relationship with a space, whether offline or online. In particular, the design of built online environments can constrain our ability to understand and respond to websites’ data use practices or it can enhance agency by giving us control over information. Design, therefore, poses dangers and offers opportunity to protect privacy online. This Article is a comprehensive theoretical and empirical approach to the design of privacy policies.
Privacy notices today do not convey information in a way understandable to most internet users. This is because they are designed without the needs of real people in mind. They are …
Designing Without Privacy, Ari Ezra Waldman
Designing Without Privacy, Ari Ezra Waldman
Articles & Chapters
In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine. As such, if we want the mobile apps, websites, robots, and smart devices we use to respect our privacy, we need to institutionalize privacy throughout the corporations …
Are Anti-Bullying Laws Effective?, Ari Ezra Waldman
Are Anti-Bullying Laws Effective?, Ari Ezra Waldman
Articles & Chapters
Since 2010, when several high profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all 50 states have passed laws that address bullying among the nation’s youth. This essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying. There are only 4 published studies on the relationships between law and bullying rates. This Essay adds several features to the discourse. It offers a comprehensive analysis of the contents of state anti-bullying laws, using a 16-item list of guidelines from the United States Department of Education as a frame. …
What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin
What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin
Articles & Chapters
In law’s visual economy our commitment to justice grows out of a renewed encounter with an interior libidinal source whose ongoing collective investment binds us to the nomos in which we live. We experience this corporeal bond in paintings, films, and video images on screens large and small. In the ethically inflected aesthetic of post-secular jurisprudence, justice is to law as beauty is to art. As distant as an abstract expressionist canvas, as close as any neighbor, or indeed any screen on which the neighbor becomes real to us. That is where we behold the source and instantiation of law’s …
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Paying For Privacy And The Personal Data Economy, Stacy-Ann Elvy
Paying For Privacy And The Personal Data Economy, Stacy-Ann Elvy
Articles & Chapters
Growing demands for privacy and increases in the quantity and variety of consumer data have engendered various business offerings to allow companies, and in some instances consumers, to capitalize on these developments. One such example is the emerging “personal data economy” (PDE) in which companies, such as Datacoup, purchase data directly from individuals. At the opposite end of the spectrum, the “pay-for-privacy” (PFP) model requires consumers to pay an additional fee to prevent their data from being collected and mined for advertising purposes. This Article conducts a simultaneous in-depth exploration of the impact of burgeoning PDE and PFP models. It …
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Articles & Chapters
How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and non-public information through the lens of social science — namely, principles of trust.
Patent law’s “public use” bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows …
Appropriate(D) Moments, Richard H. Chused
Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen
Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen
Articles & Chapters
No abstract provided.
Amplifying Abuse: The Fusion Of Cyberharassment And Discrimination, Ari Ezra Waldman
Amplifying Abuse: The Fusion Of Cyberharassment And Discrimination, Ari Ezra Waldman
Articles & Chapters
Cyberharassment devastates its victims. Anxiety, panic attacks, and fear are common effects; post-traumatic stress disorder, anorexia and bulimia, and clinical depression are common diagnoses. Targets of online hate and abuse have gone into hiding, changed schools, and quit jobs to prevent further abuse. Some lives are devastated in adolescence and are never able to recover. Some lives come to tragic, premature ends. Danielle Keats Citron not only teases out these effects in her masterful work, Hate Crimes in Cyberspace; she also makes the profound conclusion that these personal effects are part of a larger social cancer that breeds sexism, subjugation, …
Privacy As Trust: Sharing Personal Information In A Networked World, Ari Ezra Waldman
Privacy As Trust: Sharing Personal Information In A Networked World, Ari Ezra Waldman
Articles & Chapters
This Article is the first in a series on the legal and sociological aspects of privacy, arguing that private contexts are defined by relationships of trust among individuals. The argument reorients privacy scholarship from an individual right to social relationships of disclosure. This has implications for a wide variety of vexing problems of modern privacy law, from limited disclosures to “revenge porn.”
The common everyday understanding is that privacy is about choice, autonomy, and individual freedom. It encompasses the individual’s right to determine what he will keep hidden and what, how, and when he will disclose to the public. Privacy …
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
Cybercrimes Vs. Cyberliberties, Nadine Strossen
Cybercrimes Vs. Cyberliberties, Nadine Strossen
Articles & Chapters
Cybercrimes vs. Cyberliberties, Chapter 8 in Internet Policy and Economics: Challenges and Perspectives 2nd ed. at 110-127 ( W.H. Lehr & L.M. Pupillo, eds. Springer, 2009).
Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza
Articles & Chapters
Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the FourthAmendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of …
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Articles & Chapters
Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded orunprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the public …
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Articles & Chapters
No abstract provided.
Anti-Paparazzi Legislation, Rebecca Roiphe
Women And The Internet, Carlin Meyer
Foreward (Symposium: Critical Perspectives On Megan’S Law: Protection Vs. Privacy), Nadine Strossen
Foreward (Symposium: Critical Perspectives On Megan’S Law: Protection Vs. Privacy), Nadine Strossen
Articles & Chapters
No abstract provided.
Introduction, Arthur S. Leonard