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Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik 2017 Boston College Law School

Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik

Boston College Law Review

On April 29, 2016, in Yershov v. Gannett Satellite Information Network, Inc. (“Yershov II”), the U.S. Court of Appeals for the First Circuit held that the Video Privacy Protection Act (“VPPA”) of 1988 extended to a free application provider who disclosed its users’ GPS coordinates, phone identification numbers, and video histories to a data analytics company. In a similar case, the U.S. Court of Appeals for the Eleventh Circuit held that the VPPA did not apply because the relationship was too weak to render the user a “subscriber” under the Act. The U.S. Court of Appeals for ...


Privacy Law's Precautionary Principle Problem, Adam Thierer 2017 University of Maine School of Law

Privacy Law's Precautionary Principle Problem, Adam Thierer

Maine Law Review

Privacy law today faces two interrelated problems. The first is an information control problem. Like so many other fields of modern cyberlaw—intellectual property, online safety, cybersecurity, etc.—privacy law is being challenged by intractable Information Age realties. Specifically, it is easier than ever before for information to circulate freely and harder than ever to bottle it up once it is released. This has not slowed efforts to fashion new rules aimed at bottling up those information flows. If anything, the pace of privacy-related regulatory proposals has been steadily increasing in recent years even as these information control challenges multiply ...


Privacy And Security In The Cloud: Some Realism About Technical Solutions To Transnational Surveillance In The Post-Snowden Era, Joris V.J. van Hoboken, Ira S. Rubinstein 2017 University of Maine School of Law

Privacy And Security In The Cloud: Some Realism About Technical Solutions To Transnational Surveillance In The Post-Snowden Era, Joris V.J. Van Hoboken, Ira S. Rubinstein

Maine Law Review

Since June 2013, the leak of thousands of classified documents regarding highly sensitive U.S. surveillance activities by former National Security Agency (NSA) contractor Edward Snowden has greatly intensified discussions of privacy, trust, and freedom in relation to the use of global computing and communication services. This is happening during a period of ongoing transition to cloud computing services by organizations, businesses, and individuals. There has always been a question of inherent in this transition: are cloud services sufficiently able to guarantee the security of their customers’ data as well s the proper restrictions on access by third parties, including ...


The Promise And Shortcomings Of Privacy Multistakeholder Policymaking: A Case Study, Omer Tene, J. Trevor Hughes 2017 University of Maine School of Law

The Promise And Shortcomings Of Privacy Multistakeholder Policymaking: A Case Study, Omer Tene, J. Trevor Hughes

Maine Law Review

With formal privacy policymaking processes mired in discord, governments and regulators in the United States and Europe have turned to the private sector seeking assistance and solutions. Multistakeholder-driven self-regulation and co-regulation have been pursued in a variety of contexts ranging from online privacy and transparency for mobile applications to protection of transborder data flows. This article focuses on one such process, the World Wide Web Consortium (W3C) discussion of a Do Not Track (DNT) standard, as a case study. It critically analyzes the procedural pitfalls, which hampered the quest to reach a compromise solution acceptable by groups with diametrically opposed ...


Local Law Enforcement Jumps On The Big Data Bandwagon: Automated License Plate Recognition Systems, Infomation Privacy, And Access To Government Information, Bryce Clayton Newell 2017 University of Maine School of Law

Local Law Enforcement Jumps On The Big Data Bandwagon: Automated License Plate Recognition Systems, Infomation Privacy, And Access To Government Information, Bryce Clayton Newell

Maine Law Review

As government agencies and law enforcement departments increasingly adopt big-data surveillance technologies as part of their routine investigatory practice, personal information privacy concerns are becoming progressively more palpable. On the other hand, advancing technologies and data-mining potentially offer law enforcement greater ability to detect, investigate, and prosecute criminal activity. These concerns (for personal information privacy and the efficacy of law enforcement) are both very important in contemporary society. On one view, American privacy law has not kept up with advancing technological capabilities, and government agencies have arguably begun to overstep the acceptable boundaries of information access, violating the privacy of ...


The Glass House Effect: Big Data, The New Oil, And The Power Of Analogy, Dennis D. Hirsch 2017 University of Maine School of Law

The Glass House Effect: Big Data, The New Oil, And The Power Of Analogy, Dennis D. Hirsch

Maine Law Review

One hears with some frequency today that “data is the new oil.” Recently, Virginia Rometty, IBM’s Chief Executive Officer, updated the phrase, explaining that Big Data is the new oil. Most people who have used the analogy do so in order to convey Big Data’s tremendous value. Data is an essential resource that powers the information economy much like oil has fueled the industrial economy. Big Data promises a plethora of new uses—the identification and prevention of the pandemics, the emergence of new businesses and business sectors, the improvement of health care quality and efficiency, and enhanced ...


Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green 2017 Boston College Law School

Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green

Boston College Law Review

The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing ...


Privacy And Common Law Names: Sand In The Gears Of Identification, Adam Candeub 2017 University of Florida Levin College of Law

Privacy And Common Law Names: Sand In The Gears Of Identification, Adam Candeub

Florida Law Review

During the last two decades, law and regulation have expanded to require real name identification in virtually every aspect of life—from online purchases to healthcare. This slow, subtle transformation has rendered a de facto nullity the Constitution’s anonymity protection against compelled identity disclosure. This evolution also has rendered impracticable the traditional, but mostly forgotten, common law rights to use whatever name one wishes—the de facto right to pseudonymity. This common law right facilitates anonymity, which, in turn, facilitates privacy.

This Article argues that the continued vitality of common law name rights, particularly in light of recent First ...


Against Data Exceptionalism, Andrew Keane Woods 2017 University of Kentucky, College of Law

Against Data Exceptionalism, Andrew Keane Woods

Andrew Keane Woods

One of the great regulatory challenges of the Internet era—indeed, one of today's most pressing privacy questions—is how to define the limits of government access to personal data stored in the cloud. This is particularly true today because the cloud has gone global, raising a number of questions about the proper reach of one state's authority over cloud-based data. The prevailing response to these questions by scholars, practitioners, and major Internet companies like Google and Facebook has been to argue that data is different. Data is “unterritorial,” they argue, and therefore incompatible with existing territorial notions ...


Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton 2017 Laton & Strain LLC

Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton

Catholic University Journal of Law and Technology

This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing ...


Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland 2017 U.S. Department of Homeland Security

Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland

Catholic University Journal of Law and Technology

No abstract provided.


Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti 2017 Holland & Knight LLP

Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti

Catholic University Journal of Law and Technology

No abstract provided.


Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones 2017 Catholic University of America (Student)

Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones

Catholic University Journal of Law and Technology

No abstract provided.


Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin 2017 Catholic University of America (Student)

Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents, 2017 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Masthead, 2017 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, Raizel Liebler, Keidra Chaney 2017 John Marshall Law School

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, Raizel Liebler, Keidra Chaney

Keidra Chaney

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an ...


Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney 2017 Selected Works

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney

Keidra Chaney

The next wave of concern regarding Google involves web analytics. Web analytics is the measurement, collection, analysis, and reporting of Internet data for the purposes of understanding and optimizing web usage. The concerns of web analytics use touches on issues of online user privacy, government use of personal information, and information on website user activity. While Google Analytics is not the sole web analytics product on the market, it is widely used by corporate, non-profit, and government organizations. The product has been reported to have a 59% market share among web analytics vendors in a 2008 study. Web analytics technology ...


Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney 2017 Selected Works

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney

Keidra Chaney

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an ...


The Right To Attention, Jasper L. Tran 2017 George Mason University

The Right To Attention, Jasper L. Tran

Jasper L. Tran

What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective. This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet ...


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