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Case Western Reserve University School of Law

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Full-Text Articles in Science and Technology Law

Killer Apps: Vanishing Messages, Encrypted Communications, And Challenges To Freedom Of Information Laws When Public Officials "Go Dark", Daxton R. Stewart Jan 2019

Killer Apps: Vanishing Messages, Encrypted Communications, And Challenges To Freedom Of Information Laws When Public Officials "Go Dark", Daxton R. Stewart

Journal of Law, Technology, & the Internet

Government officials such as White House staffers and the Missouri governor have been communicating among themselves and leaking to journalists using apps such as Signal and Confide, which allow users to encrypt messages or to make them vanish after they are received. By using these apps, government officials are "going dark" by avoiding detection of their communications in a way that undercuts freedom of information laws. This article explores the challenges presented by government employee use of encrypted and ephemeral messaging apps by examining three policy approaches: (1) banning use of the apps, (2) enhancing existing archiving and record-keeping practices, …


Privacy And Outrage, Jordan M. Blanke Jan 2018

Privacy And Outrage, Jordan M. Blanke

Journal of Law, Technology, & the Internet

It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever before. We are fully entrenched in the world of Big Data, the Internet of Things, and Smart Cities – and we are never going back. As always, society and its laws must evolve, but it is not always an easy process.

The notion of privacy has certainly changed in our data-driven world and continues to change daily. While it has always been difficult to …