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Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood 2016 Notre Dame Law School

Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood

Journal of Legislation

While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S. Congress has nonetheless to date refused to seriously address the root cause of these threats. The root cause is a legally reinforced incentive system that encourages, and further entrenches, top management decisions that provide inadequate resources for, and inadequate top management attention to, information security and ...


Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper 2016 University of New Hampshire

Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper

RISK: Health, Safety & Environment

Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.


Corporate Privacy Failures Start At The Top, Victoria L. Schwartz 2016 Pepperdine University School of Law

Corporate Privacy Failures Start At The Top, Victoria L. Schwartz

Boston College Law Review

With the rise of big data, numerous corporations are in the privacy business. Yet even corporations not directly in the privacy business must also make important decisions potentially impacting the privacy of their employees, consumers, and shareholders. A wide consensus of scholars and commentators has agreed that corporations fail to adequately protect privacy. The existing scholarship has largely focused on demand-side market failures to explain this privacy failure phenomenon. This Article offers a supply-side market distortion theory that reinforces the existing demand-side explanations to better account for corporate privacy failures. Under this supply-side theory, extensive corporate disclosure requirements, including the ...


Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder 2016 Indiana University School of Law - Bloomington

Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder

David Snyder

No abstract provided.


The Right Of Privacy, 2016 St. John's University School of Law

The Right Of Privacy

The Catholic Lawyer

No abstract provided.


Private Norms And Public Spaces, Nicole Stelle Garnett 2016 Notre Dame Law School

Private Norms And Public Spaces, Nicole Stelle Garnett

Nicole Stelle Garnett

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


Privatization Of The Judiciary, Eldar Haber 2016 Seattle University School of Law

Privatization Of The Judiciary, Eldar Haber

Seattle University Law Review

The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights ...


Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden 2016 Seattle University School of Law

Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden

Seattle University Law Review

This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes ...


Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, Doris DelTosto Brogan 2016 Villanova University Charles Widger School of Law

Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, Doris Deltosto Brogan

Villanova Law Review

No abstract provided.


Private Law In The Gaps, Jeffrey A. Pojanowski 2016 Notre Dame Law School

Private Law In The Gaps, Jeffrey A. Pojanowski

Jeffrey A. Pojanowski

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a ...


The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise 2016 University of Georgia School of Law

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Journal of Intellectual Property Law

No abstract provided.


The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White 2016 University of New Hampshire

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.


The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, Tawfiq Alashoor 2016 Georgia State University

The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, Tawfiq Alashoor

KSU Conference on Cybersecurity Education, Research and Practice

In the U.S., there is no comprehensive national law regulating the collection and use of personal information. As a response to the high level of privacy concerns among U.S. citizens and the currently limited regulations, states have enacted their own privacy laws over and above the principles of Fair Information Practices (FIP). In this exploratory study, we draw upon the privacy literature and the Restricted Access/Limited Control (RALC) theory of privacy to study the privacy concerns phenomenon with a multilevel theoretical lens. We introduce and test three novel propositions pertaining to the impact of state level privacy ...


Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton 2016 University of Georgia School of Law

Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton

Georgia Journal of International & Comparative Law

No abstract provided.


Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin 2016 Duke Law

Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin

Duke Law & Technology Review

Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras may pose privacy concerns for individuals who are recorded, as the footage may fall under open records statutes that would require the footage to be released upon request. Furthermore, storage of video data is costly, and redaction of video for release is time-consuming. While exempting all body camera video from release would take care of privacy issues, it would also prevent the public ...


Submission To The Senate Economics References Committee On The 2016 Census, Monique Mann, Matthew Rimmer 2016 Queensland University of Technology

Submission To The Senate Economics References Committee On The 2016 Census, Monique Mann, Matthew Rimmer

Matthew Rimmer

Executive Summary
Terms of Reference
The Economics Reference Committee of the Senate Standing Committee on Economics of the Australian Parliament has been asked to investigate the 2016 Census, with particular reference to
  • the preparation, administration and management on the part of the Australian Bureau of Statistics (ABS) and the Government in the lead up to the 2016 Census;
  • the scope, collection, retention, security and use of data obtained in the 2016 Census;
  • arrangements, including contractual arrangements, in respect of the information technology aspects of the Census;
  • the shutting down of the Census website on the evening of 9 August 2016 ...


Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman 2016 Roger Williams University School of Law

Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman

Law School Blogs

No abstract provided.


Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang 2016 American University Washington College of Law

Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang

Pace International Law Review

This article examines the limitations of the application of traditional information privacy theory to disputes relating to modern technologies. If information privacy is understood as an individual’s right to full control over his information, activities involving the collection, process and use of personal data cannot be conducted without the data subject’s consent because his privacy rights would be affected as a result of such activities. Instead of the privacy interest approach, this article introduces a privacy harm approach to reconcile the defects of traditional privacy theory. The privacy interest approach helps identify situations in which an individual’s ...


Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen 2016 Pace University School of Law

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning ...


Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico 2016 University of Miami Law School

Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico

University of Miami Law Review

Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology ...


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