Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- National Security Law (5)
- Constitutional Law (4)
- Fourth Amendment (4)
- Criminal Procedure (3)
- Internet Law (2)
-
- Administrative Law (1)
- Computer Sciences (1)
- Criminal Law (1)
- Immigration Law (1)
- Information Security (1)
- International Law (1)
- Jurisprudence (1)
- Law and Society (1)
- Legal Studies (1)
- Legal Theory (1)
- Physical Sciences and Mathematics (1)
- Science and Technology Law (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 10 of 10
Full-Text Articles in Privacy Law
Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies
Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies
Law Faculty Scholarship
This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate
Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies
Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Anil Kalhan
With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …
Getting The Balance Right Between Information Security And Privacy Rights, Katina Michael
Getting The Balance Right Between Information Security And Privacy Rights, Katina Michael
Associate Professor Katina Michael
- Laws, regulations, industry guidelines, and codes for new technologies and their use - The balance between encouraging innovation and future proofing technology-related policy - The difference between the existence of legislation and the enforcement of that legislation - Citizen responses to the fear of policing and security controls
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, Danielle K. Citron, David Gray
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, Danielle K. Citron, David Gray
Faculty Scholarship
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and explores …
The Fight To Frame Privacy, Woodrow Hartzog
The Fight To Frame Privacy, Woodrow Hartzog
Michigan Law Review
In his important new book, Nothing to Hide: The False Tradeoff Between Privacy and Security, Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that the predetermined abandonment of privacy in security-related disputes means that the structure of the privacy-security debate is inherently flawed. Solove understands that privacy is far too vital to our freedom and democracy to accept its inevitable demise. The central thesis of this Review is that Solove's polemic is a strong and desperately needed collection of frames that counterbalances the "nothing …
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
Faculty Scholarship
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …
Preserving Privacy In A Digital Age: Lessons Of Comparative Constitutionalism, David Cole
Preserving Privacy In A Digital Age: Lessons Of Comparative Constitutionalism, David Cole
Georgetown Law Faculty Publications and Other Works
In the modern age, we increasingly live our lives through, and accompanied by, digital media. Virtually every transaction or communication that uses such media, as well as every move of mobile phone owners, is recorded. Computers are able to store, transmit, and analyze the data as never before, drawing on multiple sources to construct an intimate picture of our interests, contacts, travels and desires. Private data-mining services, most often used for commercial advertising purposes, can determine: what we read, listen to, and look at; where we travel to, shop, and dine; and with whom we speak or associate. Meanwhile, social …
Prism And Privacy: Will This Change Everything?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Prism And Privacy: Will This Change Everything?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald
The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald
Susan Freiwald
The Supreme Court’s decision in United States v. Jones clearly established that use of GPS tracking surveillance constitutes a search under the Fourth Amendment. But the Court left many other questions unanswered about the nature and scope of the constitutional privacy right in location data. A review of lower court decisions in the wake of Jones reveals that, rather than begin to answer the questions that Jones left open, courts are largely avoiding substantive Fourth Amendment analysis of location data privacy. Instead, they are finding that officers who engaged in GPS tracking and related surveillance operated in good faith, based …