Open Access. Powered by Scholars. Published by Universities.®

Privacy Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2,709 Full-Text Articles 2,578 Authors 991,885 Downloads 117 Institutions

All Articles in Privacy Law

Faceted Search

2,709 full-text articles. Page 1 of 72.

Why Sexual Privacy Matters For Trust, Danielle K. Citron 2019 Boston University School of Law

Why Sexual Privacy Matters For Trust, Danielle K. Citron

Faculty Scholarship

Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes. They spent hours on the phone. Today, they text their innermost thoughts, beliefs, and wishes, sometimes with nude photos attached. They engage in sexually-explicit activity via FaceTime and SnapChat.

Now, as then, the success and integrity of intimate relationships depends upon sexual privacy. Intimate relationships develop as partners grow to trust one another to treat their nakedness, deepest secrets, and sexual desires as they hope rather than as they fear. Handling partners’ personal information with discretion lays the foundation ...


Collect Call For Clarification: How Carpenter Has (And Has Not) Changed Modern Fourth Amendment Jurisprudence, Samuel D. Thomas 2019 Boston College Law School

Collect Call For Clarification: How Carpenter Has (And Has Not) Changed Modern Fourth Amendment Jurisprudence, Samuel D. Thomas

Boston College Law Review

Since the 1800s, the United States Supreme Court has struggled to define the limits of the Fourth Amendment and adapt the scope of its protection to advances in technology. The new ways we use technology to interact, and the role such technology plays in society, create unique questions that judicial precedent based on old technology has trouble answering. Most recently, cell phones and mobile applications have changed the way millions of Americans communicate with each other, and access and store information. For years the government accessed this shared information through subpoenas without triggering the Fourth Amendment’s protection from unwarranted ...


A Private Enforcement Remedy For Information Misuse, Peter C. Ormerod 2019 Western Carolina University

A Private Enforcement Remedy For Information Misuse, Peter C. Ormerod

Boston College Law Review

Misuse of users’ personally identifiable information is persistent and pervasive. This Article addresses two questions: why is information misuse so common and so severe and how could domestic law change to make it less so? I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related but distinct effects: chronic underinvestment in information security and excessive retention of user data. I then seize on this observation to propose a specific legal vehicle at the heart of this Article—a private enforcement remedy. This private enforcement remedy has four essential features. First, the ...


The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill 2019 Cleveland-Marshall College of Law, Cleveland State University

The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill

Kevin F. O'Neill

The ''ambush" interview is a controversial investigative reporting technique permeating both national and local television news programming. In the typical ambush interview, a reporter and his news crew intercept an unsuspecting newsworthy subject on the street and bombard him with incriminating accusations ostensibly framed as questions. The ambush interviewee inevitably appears guilty before the viewing audience. This is due to a variety of forces, including the subject's severe credibility disadvantage and the accusatory nature of the reporter's questions. This Note applies a false light invasion of privacy analysis to the ambush technique and examines the nexus between the ...


The Skeleton In The Hard Drive: Encryption And The Fifth Amendment, David W. Opderbeck 2019 University of Florida Levin College of Law

The Skeleton In The Hard Drive: Encryption And The Fifth Amendment, David W. Opderbeck

Florida Law Review

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decision-making in this area. This Article closely examines the Teva opinion and situates it within modern claim construction jurisprudence. The thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction, but that for unexpected reasons the case is ...


The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory Van Loo 2019 Boston Univeristy School of Law

The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory Van Loo

Faculty Scholarship

An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history—large platforms such as Amazon, Facebook, and Google—have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by the privacy problems of excess collection from individuals, not businesses. There has been little sustained attention to the problem of insufficient information collection from businesses. This Article articulates the administrative state’s normative framework for monitoring businesses and shows how that framework is increasingly in tension with privacy concerns. One ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School of Law, Michael M. Bowden 2019 Roger Williams University School of Law

The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern 2019 William & Mary Law School

The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern

James Y. Stern

For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually confused, but viable alternatives have been slow to emerge. This Article supplies one.

We argue that Fourth Amendment protection should be anchored in background positive law. The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. It is those actions that should be subjected to Fourth Amendment reasonableness review and the presumptive requirement to obtain a warrant. In short, Fourth Amendment protection ...


Towards Standard Information Privacy, Innovations Of The New General Data Protection Regulation, Ali ALibeigi, Abu Bakar Munir, MD Ershadulkarim, Adeleh Asemi 2019 University of Malaya

Towards Standard Information Privacy, Innovations Of The New General Data Protection Regulation, Ali Alibeigi, Abu Bakar Munir, Md Ershadulkarim, Adeleh Asemi

Library Philosophy and Practice (e-journal)

Protection of personal data in recent decades became more crucial affecting by emergence of the new technologies especially computer, internet, information and communications technology. However, Europeans felt this necessity at time and provided for up-to-date and supportive laws. The General Data Protection Regulation (GDPR) is the latest legislation in EU to protect personal data of individuals based on the recent technological advancements. However, its’ domestic and international output still is debatable. This doctrinal legal study by using descriptive methods, aimed to evaluate the GDPR through analyzing and interpreting its’ provisions by especial focus on its’ innovations. The results show that ...


(Dys)Functional Secrecy, Laura K. Donohue 2019 Georgetown University Law Center

(Dys)Functional Secrecy, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The topic we have been asked to address is how secrecy presents an obstacle to civil and criminal litigation. The underlying assumption is that suppressing information affects the judicial system in detrimental ways. At some level, this is clearly true. Any student of national security law could provide ready examples. If the government refuses to confirm or deny that an individual has been a target of surveillance, it takes little by way of imagination to understand how standing doctrine may prevent litigation from moving forward. Pari passu, classified procedures and parallel construction may prevent criminal defendants from ever being able ...


Bleeding Out: The Case For Strengthening Healthcare Client Portal Data Privacy Regulations, Matthew D. McCord 2019 University of Minnesota Law School

Bleeding Out: The Case For Strengthening Healthcare Client Portal Data Privacy Regulations, Matthew D. Mccord

Minnesota Journal of Law, Science & Technology

No abstract provided.


Centralizing Energy Consumption Data In State Energy Data Centers, Zach Sibley 2019 University of Minnesota Law School

Centralizing Energy Consumption Data In State Energy Data Centers, Zach Sibley

Minnesota Journal of Law, Science & Technology

No abstract provided.


Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William McGeveran 2019 Georgetown University Law Center

Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran

Georgetown Law Faculty Publications and Other Works

The United States famously lacks a comprehensive federal data privacy law. In the past year, however, nearly half of state legislatures have proposed or enacted broad privacy bills or have established privacy legislation task forces, while Congress has scrambled to hold hearings on multiple such proposals. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) scheduled to take effect in January 2020, California has emerged as an alternate contender in the race to set the ...


21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron 2019 University of Maryland Francis King Carey School of Law

21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron

Maryland Law Review

No abstract provided.


Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron 2019 Boston University School of Law

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron

Faculty Scholarship

Fiction and visual representations can alter our understanding of human experiences and struggles. They help us understand human frailties and suffering in a visceral way. Nick Drnaso’s graphic novel Sabrina does that in spades. In Sabrina, a woman is murdered by a misogynist, and a video of her execution is leaked. Conspiracy theorists deem her murder a hoax. A cyber mob smears the woman’s loved ones as crisis actors, posts death threats, and spreads their personal information. The attacks continue until a shooting massacre redirects the cyber mob’s wrath to other mourners. Sabrina captures the breathtaking velocity ...


The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr 2019 George Washington University Law School

The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr

Orin Kerr

When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting ...


The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr 2019 George Washington University Law School

The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr

Orin Kerr

To one who values federalism, federal preemption of state law may significantly threaten the autonomy and core regulatory authority of The Supreme Court recently considered whether a1mmg an infrared thermal imaging device at a suspect's home can violate the Fourth Amendment. Kyllo v. United States announced a new and comprehensive rule: the government's warrantless use of senseenhancing technology that is "not in general use" violates the Fourth Amendment when it yields "details of the home that would previously have been unknowable without physical intrusion." Justice Scalia's majority opinion acknowledged that the Court's rule was not needed ...


Privacy Rights And Public Families, Khiara Bridges 2019 Boston Univeristy School of Law

Privacy Rights And Public Families, Khiara Bridges

Khiara M Bridges

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by the ...


“Hashing” In The Cloud: The Private Search Defense Is Active And Potent, Tri T. Truong 2019 Southern Methodist University, Dedman School of Law

“Hashing” In The Cloud: The Private Search Defense Is Active And Potent, Tri T. Truong

SMU Law Review

No abstract provided.


Digital Commons powered by bepress