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Full-Text Articles in Privacy Law
Equal Protection In The World Of Art And Obscenity: The Art Photographer's Latent Struggle With Obscenity Standards In Contemporary America, Elaine Wang
Vanderbilt Journal of Entertainment & Technology Law
Part I of this article describes the initial hurdles that all visual art forms, including photography, face with respect to First Amendment protection given the power of visual imagery and the three-pronged test for obscenity set forth in Miller v. California. Of particular relevance is the "serious artistic value" prong of the Miller test and the problems inherent in determining who is to judge as well as how one might judge whether a work, particularly a photograph that may be construed to have a non-artistic function, possesses "serious artistic value."
Part II addresses the overall approach to photography in three …
The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Jr.
The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Jr.
Vanderbilt Journal of Entertainment & Technology Law
This article briefly explores several scenarios in which economic actors compete and cooperate in order to capture the value in personal information. The focus then shifts to one particular scenario: the ongoing interaction between the United States and the European Union in attempting to construct data protection regimes that serve the philosophies and citizens of each jurisdiction as well as provide a strategic economic advantage. A game theoretic model is presented to explain the course of dealings between the two actors, including both unilateral and bilateral actions. Part I ends with an exploration of opportunities for seizing competitive advantage, and …