Privacy Law Commons^™

Judging Journalism: The Turn Toward Privacy And Judicial Regulation Of The Press, Amy Gajda

Faculty Scholarship

No abstract provided.

Saving Facebook, James Grimmelmann

Cornell Law Faculty Publications

This Article provides the first comprehensive analysis of the law and policy of privacy on social network sites, using Facebook as its principal example. It explains how Facebook users socialize on the site, why they misunderstand the risks involved, and how their privacy suffers as a result. Facebook offers a socially compelling platform that also facilitates peer-to-peer privacy violations: users harming each others' privacy interests. These two facts are inextricably linked; people use Facebook with the goal of sharing some information about themselves. Policymakers cannot make Facebook completely safe, but they can help people use it safely.

The Article makes …

Saving Facebook, James Grimmelmann

Faculty Scholarship

This Article provides the first comprehensive analysis of the law and policy of privacy on social network sites, using Facebook as its principal example. It explains how Facebook users socialize on the site, why they misunderstand the risks involved, and how their privacy suffers as a result. Facebook offers a socially compelling platform that also facilitates peer-to-peer privacy violations: users harming each others’ privacy interests. These two facts are inextricably linked; people use Facebook with the goal of sharing some information about themselves. Policymakers cannot make Facebook completely safe, but they can help people use it safely.

The Article makes …

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).

Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky

Faculty Publications

This Article examines the evolution of the law governing libel suits against anonymous “John Doe” defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire and other non-factual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …

Separated By A Common Language?, Yesha Yadav

Vanderbilt Law School Faculty Publications

This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy in this area is particularly close, reflecting the preferences each jurisdiction has in protecting civil liberty and security interests. While the U.S. and the EU offer differing legal frameworks on data privacy, the strategic importance of data in counter-terrorism law and policy necessitates a joint approach. A failure to arrive at such an approach can result in a series of bilateral agreements between the U.S. …

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 …

How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton

Faculty Articles

This article seeks for the very first time to inform that debate with a notion of property as an essential aspect of human identity in a "mash-up of sorts that might be called Fourth Amendment jurisprudence meets the Radinesque Property of Personhood. Using an expanded version of the notion of property developed by Professor Margaret Radin in her pioneering work Property and Personhood, the Fourth Amendment must contend with the social reality that some aspects of "ownership" or entitlement to property, and some level of vindication of those interests, are essential to the formation and viability of complete human beings. …

Understanding The New Virtualist Paradigm, Jonathon Penney

Articles, Book Chapters, & Popular Press

This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …

Understanding The New Virtualist Paradigm, Jonathon Penney

Articles, Book Chapters, & Popular Press

This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …

Privacy And The New Virtualism, Jonathon Penney

Articles, Book Chapters, & Popular Press

First generation cyberlaw scholars were deeply influenced by the uniqueness of cyberspace, and believed its technology and scope meant it could not be controlled by any government. Few still ascribe to this utopian vision. However, there is now a growing body of second generation cyberlaw scholarship that speaks not only to the differential character of cyberspace, but also analyzes legal norms within virtual spaces while drawing connections to our experience in real space. I call this the New Virtualism. Situated within this emerging scholarship, this article offers a new approach to privacy in virtual spaces by drawing on what Orin …

Putting Surveillance On The Political Agenda – A Short Defence Of Surveillance: Citizens And The State, Benjamin J. Goold, Charles D. Raab

All Faculty Publications

In February 2009 the House of Lords Constitutional Committee in the United Kingdom published the report Surveillance: Citizens and the State. Some have hailed this as a landmark document. Volume 6(3) of Surveillance & Society published 4 invited responses to this report written by prominent scholars. In the attached paper the two Specialist Advisers to this Committee set the context for the report and provide a brief rejoinder to the four responses. NOTE: The authors write in their academic and personal capacities, and not as representatives of the Committee.

Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik

Faculty Publications

Four years ago at the age of 34, I heard the awful words "I'm sorry, but you have breast cancer" coming from my doctor. After the initial shock of the diagnosis wore off, I like many others who have faced life-threatening diseases began to work with a team of physicians to develop an appropriate treatment plan, which included contemplating enrollment in a clinical trial. Quite unexpectedly, my position as an intellectual property professor whose scholarship focuses primarily on information control, my role as a member of my university's Institutional Review Board that oversees studies involving human subjects, and my newly …

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 …

Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The U.S. Discovery-Eu Privacy Directive Conflict: Constructing A Three-Tiered Compliance Strategy, Carla L. Reyes

Faculty Journal Articles and Book Chapters

This note examines the conflicts of laws issue faced by trans-border civil litigants attempting to comply with both the U.S. Federal Rules of Civil Procedure and the requirements of the EU Privacy Directive. This note first sifts through the quagmire of regulations, and then attempts to help trans-border litigants view the U.S. discovery-EU data protection conflict through a transnational legal lens, and concludes by constructing a three-tiered strategy for compliance that respects U.S., EU and international law.

Updating Data Protection: Part I -- Identifying The Objectives, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Private Norms And Public Spaces, Nicole Stelle Garnett

Journal Articles

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms

Surveillance And The Political Value Of Privacy, Benjamin J. Goold

All Faculty Publications

The steady expansion in the use of surveillance technologies by the state and private sector represents a substantial threat to the privacy of ordinary individuals. Yet despite the best efforts of civil libertarians, many members of the public still struggle to understand why privacy is valuable and deserves to be protected as a basic right. In part, this is a result of the inherent complexity of the idea of privacy, but it is also due a tendency on the part of privacy advocates to focus on the individual - as opposed to the social and political dimensions - of privacy. …

Le Développement De L’Évaluation De La Menace De La Criminalité Organisée Et L’Architecure De Sécurité Intérieure (Development Of The Organised Crime Threat Assessment (Octa) And Internal Security Architecture), Benjamin J. Goold

All Faculty Publications

Cette note propose une vue d’ensemble de l’approche européenne des questions de sécurité, de lutte contre le terrorisme et contre la criminalité organisée. Elle aborde plus particulièrement le rôle de la Stratégie européenne de sécurité (SES) dans l’élaboration des politiques et des dispositions institutionnelles, ainsi que l’influence de l’OCTA (Évaluation de la menace de la criminalité organisée). cette note recommande qu’un certain nombre de mesures soient prises pour recentrer et rationaliser les structures existantes attachées aux questions de sécurité et de lutte contre le terrorisme et le crime organisé. Le nombre d’agences directement ou indirectement impliquées dans le recueil d’informations, …