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The Internet Of Things: Privacy Issues In A Connected World; Remarks Given At Protecting Virtual You: Individual And Informational Privacy In The Age Of Big Data, Richard M. Martinez 2017 University of St. Thomas, Minnesota

The Internet Of Things: Privacy Issues In A Connected World; Remarks Given At Protecting Virtual You: Individual And Informational Privacy In The Age Of Big Data, Richard M. Martinez

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Broadband Privacy Within Network Neutrality: The Fcc's Application & Expansion Of The Cpni Rules, Justin S. Brown 2017 University of St. Thomas, Minnesota

Broadband Privacy Within Network Neutrality: The Fcc's Application & Expansion Of The Cpni Rules, Justin S. Brown

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Data Analytics In Higher Education: Key Concerns And Open Questions, Alan Rubel, Kyle Jones 2017 University of St. Thomas, Minnesota

Data Analytics In Higher Education: Key Concerns And Open Questions, Alan Rubel, Kyle Jones

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Relational Privacy: Surveillance, Common Knowledge And Coordination, Robert H. Sloan, Richard Warner 2017 University of St. Thomas, Minnesota

Relational Privacy: Surveillance, Common Knowledge And Coordination, Robert H. Sloan, Richard Warner

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Data Flow Maps—Increasing Data Processing Transparency And Privacy Compliance In The Enterprise, Jeremy Berkowitz, Michael Mangold, Stephen Sharon 2017 Deloitte & Touche LLP

Data Flow Maps—Increasing Data Processing Transparency And Privacy Compliance In The Enterprise, Jeremy Berkowitz, Michael Mangold, Stephen Sharon

Washington and Lee Law Review Online

In recent years, well-known cyber breaches have placed growing pressure on organizations to implement proper privacy and data protection standards. Attacks involving the theft of employee and customer personal information have damaged the reputations of well-known brands, resulting in significant financial costs. As a result, governments across the globe are actively examining and strengthening laws to better protect the personal data of its citizens. The General Data Protection Regulation (GDPR) updates European privacy law with an array of provisions that better protect consumers and require organizations to focus on accounting for privacy in their business processes through “privacy-by-design” and “privacy ...


Who Needs To Know? The Seventh Circuit Accepts Information Sent To Government As Publicly Disclosed In Cause Of Action V. Chicago Transit Authority, Kurtis Brown 2017 Boston College Law School

Who Needs To Know? The Seventh Circuit Accepts Information Sent To Government As Publicly Disclosed In Cause Of Action V. Chicago Transit Authority, Kurtis Brown

Boston College Law Review

On February 29, 2016, the United States Court of Appeals for the Seventh Circuit in Cause of Action v. Chicago Transit Authority held that information disclosed to a government official and acted upon by that official has been publicly disclosed, barring a qui tam action from being brought under the False Claims Act. Several other circuits, including the First, Fourth, and Sixth, in contrast, have all interpreted the public disclosure bar within the False Claims Act to require a disclosure of information beyond the government. This Comment argues that the majority of circuit courts have correctly interpreted the False Claims ...


Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg 2017 University of New Hampshire School of Law

Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg

Legal Scholarship

[Excerpt] “Recent research indicates that New Hampshire has some of the highest rates of sexual assault in the nation; nearly one in four New Hampshire women and one in 20 New Hampshire men will experience sexual assault. Although reporting a crime can be hard for anyone, sexual assault victims have particular reasons for not reporting. After an assault, a rape victim typically feels embarrassment, shame and fears reprisal (most of these crimes are committed by an acquaintance). The deeply personal nature of rape makes it uniquely traumatizing and confusing.”


The Market’S Law Of Privacy: Case Studies In Privacy/Security Adoption, Chetan Gupta 2017 Washington and Lee University School of Law

The Market’S Law Of Privacy: Case Studies In Privacy/Security Adoption, Chetan Gupta

Washington and Lee Law Review Online

This paper examines the hypothesis that it may be possible for individual actors in a marketplace to drive the adoption of particular privacy and security standards. It aims to explore the diffusion of privacy and security technologies in the marketplace. Using HTTPS, Two-Factor Authentication, and End-to-End Encryption as case studies, it tries to ascertain which factors are responsible for successful diffusion which improves the privacy of a large number of users. Lastly, it explores whether the FTC may view a widely diffused standard as a necessary security feature for all actors in a particular industry.

Based on the case studies ...


Privacy In The Age Of Autonomous Vehicles, Ivan L. Sucharski, Philip Fabinger 2017 HERE North America, LLC

Privacy In The Age Of Autonomous Vehicles, Ivan L. Sucharski, Philip Fabinger

Washington and Lee Law Review Online

To prepare for the age of the intelligent, highly connected, and autonomous vehicle, a new approach to concepts of granting consent, managing privacy, and dealing with the need to interact quickly and meaningfully is needed. Additionally, in an environment where personal data is rapidly shared with a multitude of independent parties, there exists a need to reduce the information asymmetry that currently exists between the user and data collecting entities. This Article rethinks the traditional notice and consent model in the context of real-time communication between vehicles or vehicles and infrastructure or vehicles and other surroundings and proposes a re-engineering ...


Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam 2017 Boston College Law School

Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam

Boston College International and Comparative Law Review

In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe Harbor Agreement and, on July 26, 2000, the European Commission formally recognized the agreement as compliant with the Data Protection Directive in its Safe Harbor Decision. In 2013, U.S. data protection standards were once again placed under the microscope when Edward Snowden leaked information ...


Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth 2017 Boston College Law School

Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth

Boston College Law Review

On April 12, 2016, in Doe v. Village of Deerfield, the United States Court of Appeals for the Seventh Circuit held that a denial of a motion to proceed anonymously is an immediately appealable order under the collateral order doctrine. The Seventh Circuit joined the Fourth, Fifth, Ninth, Tenth and Eleventh Circuits in holding that this type of order, examined categorically, satisfies the rigorous requirements of the collateral order doctrine. Allowing immediate review of this type of order implements a practical construction of the traditional final judgment rule that the United States Courts of Appeals can only review orders upon ...


Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy 2017 University of Maine School of Law

Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy

Maine Law Review

In MacDermid, Inc. v. Deiter, the Second Circuit held that a Connecticut court may exercise personal jurisdiction over a defendant who allegedly used a computer in Canada to remotely access a computer server located in Connecticut in order to misappropriate proprietary, confidential electronic information belonging to a Connecticut corporation. This Note argues that, given the factual elements before the court, MacDermid was an unsurprising, orthodox, and proper holding in the context of personal jurisdiction jurisprudence. However, the facts in MacDermid, and the corresponding limits inherent in the Second Circuit’s holding, reveal potentially gaping holes in our modern personal jurisdiction ...


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman 2017 New York Law School

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that ...


Standing And Covert Surveillance, Christopher Slobogin 2017 Selected Works

Standing And Covert Surveillance, Christopher Slobogin

Christopher Slobogin

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the ...


Social Data Discovery And Proportional Privacy, Agnieszka McPeak 2017 University of Toledo College of Law

Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak

Cleveland State Law Review

Social media platforms aggregate large amounts of personal information as "social data" that can be easily downloaded as a complete archive. Litigants in civil cases increasingly seek out broad access to social data during the discovery process, often with few limits on the scope of such discovery. But unfettered access to social data implicates unique privacy concerns—concerns that should help define the proper scope of discovery.

The Federal Rules of Civil Procedure, as amended in 2015, already contain the tools for crafting meaningful limits on intrusive social data discovery. In particular, the proportionality test under Rule 26 weighs the ...


The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron 2017 University of Maryland Carey School of Law

The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron

Notre Dame Law Review

Much as Justice Louis Brandeis imagined states as laboratories of the law, offices of state attorneys general have been laboratories of privacy enforcement. State attorneys general have been nimble privacy enforcers whereas federal agencies have been more constrained by politics. Local knowledge, specialization, multistate coordination, and broad legal authority have allowed AG offices to fill in gaps in the law. State attorneys general have established baseline fair-information protections and expanded the frontiers of privacy law to cover sexual intimacy and youth. Their efforts have reinforced and strengthened federal norms, further harmonizing certain aspects of privacy and data security policy.

Although ...


The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan CHEN 2017 Singapore Management University

The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen

Research Collection School Of Law

In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the changes that ...


It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. MacLean 2017 Indiana Tech Law School

It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean

Cleveland State Law Review

Digital giants, enabled by America’s courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.


A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone 2017 Yale Law School

A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone

Cleveland State Law Review

With recent developments in e-health, concerns have been raised regarding the privacy of patients who are monitored with such treatments. I propose a simple method to incorporate these concerns into a standard health impact evaluation, based on quality-adjusted life years and the incremental cost-effectiveness ratio. This method provides a way to objectively value privacy concerns and balance them with health benefits. Hence, it can guide doctors and policymakers into incorporating privacy considerations and making better choices regarding e-health programs. This method can also be tested on existing economic evaluations to compare outcomes and gauge the extent to which privacy issues ...


Privacy By Design: Taking Ctrl Of Big Data, Eric Everson 2017 Herzing University

Privacy By Design: Taking Ctrl Of Big Data, Eric Everson

Cleveland State Law Review

The concept of Privacy by Design is rooted in systems engineering. Yet, it is the legal framework of global privacy that gives new color to this concept as applied to Big Data. Increasingly, the long arm of the law is reaching into Big Data, but it is not simply by matter of regulatory enforcement or civil legal developments that Privacy by Design (PbD) is being thrust into the spotlight once more.

Given that Big Data is considered miniscule in contrast to future data environments, PbD is simply the right thing to do. This paper aims to explore the origin of ...


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