Social and Behavioral Sciences Commons^™

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion

Dickinson Law Review (2017-Present)

No abstract provided.

Icts For Surveillance And Suppression: The Case Of The Indian Emergency 1975-1977, Ramesh Subramanian

Journal of International Technology and Information Management

Information and Communications technologies (ICT) pervade society. The Internet, wireless communication, and social media are ubiquitous in and indispensable in society today. As they continue to grow and mushroom, there are new and increased calls from various segments of the society such as technologists, activists, sociologists, and legal experts, who issue warnings on the more nefarious and undesirable uses of ICTs, especially by governments. In fact, government control and surveillance using ICTs is not a new phenomenon. By looking at history, we are able to see several instances when ICTs have been used by governments to control, surveil, and infringe …

The First Amendment, Common Carriers, And Public Accommodations: Net Neutrality, Digital Platforms, And Privacy, Christopher S. Yoo

All Faculty Scholarship

Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial …

The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.

From Protecting To Performing Privacy, Garfield Benjamin

The Journal of Sociotechnical Critique

Privacy is increasingly important in an age of facial recognition technologies, mass data collection, and algorithmic decision-making. Yet it persists as a contested term, a behavioural paradox, and often fails users in practice. This article critiques current methods of thinking privacy in protectionist terms, building on Deleuze's conception of the society of control, through its problematic relation to freedom, property and power. Instead, a new mode of understanding privacy in terms of performativity is provided, drawing on Butler and Sedgwick as well as Cohen and Nissenbaum. This new form of privacy is based on identity, consent and collective action, a …

The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels

SMU Data Science Review

The current legal and economic infrastructure facilitating data collection practices and data analysis has led to extreme over-collection of data and the overall loss of personal privacy. Data over-collection has led to a secondary market for consumer data that is invisible to the consumer and results in a person's data being distributed far beyond their knowledge or control. In this paper, we propose a Data Market framework and design for personal data management and privacy protection in which the individual controls and profits from the dissemination of their data. Our proposed Data Market uses a market-based approach utilizing blockchain distributed …

Privacy Risks And Security Threats In Mhealth Apps, Brinda Hansraj Sampat, Bala Prabhakar

Journal of International Technology and Information Management

mHealth (Mobile Health) applications (apps) have transformed the doctor-patient relationship. They help users with varied functionalities such as monitoring their health, understanding specific health conditions, consulting doctors online and achieving fitness goals. Whilst these apps provide an option of equitable and convenient access to healthcare, a lot of personal and sensitive data about users is collected, stored and shared to achieve these functionalities. Little is known about the privacy and security concerns these apps address. Based on literature review, this paper identifies the privacy risks and security features for evaluating thirty apps in the Medical category across two app distribution …

Privacy And The Information Age: A Longitudinal View, Charles E. Downing

Journal of International Technology and Information Management

As information systems and data storage capacity become increasingly sophisticated, an important ethical question for organizations is “What can/will/should be done with the personal information that has been and can be collected?” Individuals’ privacy is certainly important, but so is less costly and more targeted business processes. As this conflict intensifies, consumers, managers and policy makers are left wondering: What privacy principles are important to guide organizations in self-regulation? For example, do consumers view the five rights originally stated in the European Data Protection Directive as important? Comprehensive? Is there a product discount point where consumers would forsake these principles? …

When Antitrust Met Facebook, Christopher S. Yoo

All Faculty Scholarship

Social networks are among the hottest phenomena on the Internet. Facebook eclipsed Google as the most visited website in both 2010 and 2011. Moreover, according to Nielsen estimates, as of the end of 2011 the average American spent nearly seven hours per month on Facebook, which is more time than they spent on Google, Yahoo!, YouTube, Microsoft, and Wikipedia combined. LinkedIn’s May 19, 2011 initial public offering (“IPO”) surpassed expectations, placing the value of the company at nearly $9 billion, and approximately a year later, its stock price had risen another 20 percent. Facebook followed suit a year later with …

The Changing Patterns Of Internet Usage, Christopher S. Yoo

All Faculty Scholarship

The Internet unquestionably represents one of the most important technological developments in recent history. It has revolutionized the way people communicate with one another and obtain information and created an unimaginable variety of commercial and leisure activities. Interestingly, many members of the engineering community often observe that the current network is ill-suited to handle the demands that end users are placing on it. Indeed, engineering researchers often describe the network as ossified and impervious to significant architectural change. As a result, both the U.S. and the European Commission are sponsoring “clean slate” projects to study how the Internet might be …