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Full-Text Articles in Privacy Law
Internet User Anonymity, First Amendment Protections And Mobilisa: Changing The Cahill Test, Kristina Ringland
Internet User Anonymity, First Amendment Protections And Mobilisa: Changing The Cahill Test, Kristina Ringland
Washington Journal of Law, Technology & Arts
The Arizona Court of Appeals recently developed a new test to determine whether an anonymous Internet poster’s identity should be revealed through a subpoena. While the First Amendment protects anonymous speech, this protection does not extend to defamation and other illegal behavior. Courts have balanced these two competing interests—protection of anonymous speech and revelation of a person’s identity via subpoena—by applying varying tests regarding the disclosure of an anonymous poster’s identity. The Arizona Court of Appeals, in Mobilisa, Inc. v. Doe, recently adopted a three-part test that incorporates elements from two, previously distinct lines of cases. This Article explores …
Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn
Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn
Articles
This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.
Just as environmental laws can be used to reduce externalities created through the …