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Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford 2017 University of New Hampshire School of Law

Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford

Legal Scholarship

These comments respond to the Federal Trade Commission’s request for public comment on the CAN-SPAM Rule, 16 C.F.R. Part 316.

The CAN-SPAM Act set a minimum baseline for consumer protections that senders of unsolicited commercial email must respect. These protections have been largely effective at giving consumers the ability to manage how a large group of companies uses their email addresses for marketing. At the same time, the Act has had little effect on the volume of unsolicited commercial email or on the amount of email sent by scammers and fraudsters. The Act and its implementing Rule ...


Disposing With A (Not-So) Blunt Instrument, For Privacy’S Sake, Victoria Ashley Paxton 2017 University of Miami Law School

Disposing With A (Not-So) Blunt Instrument, For Privacy’S Sake, Victoria Ashley Paxton

University of Miami International and Comparative Law Review

No abstract provided.


From Blockbuster To Mobile Apps—Video Privacy Protection Act Of 1988 Continues To Protect The Digital Citizen, Ann Stehling 2017 Southern Methodist University

From Blockbuster To Mobile Apps—Video Privacy Protection Act Of 1988 Continues To Protect The Digital Citizen, Ann Stehling

SMU Law Review

No abstract provided.


Relational Contracts Of Adhesion, David A. Hoffman 2017 University of Pennsylvania Law School

Relational Contracts Of Adhesion, David A. Hoffman

Faculty Scholarship

Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued for failing to perform.

On reflection, this ordinary phenomenon is perplexing. Why would firms persist in deploying uncommunicative behavioral ...


The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman 2017 Pepperdine University

The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman

Pepperdine Law Review

Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...


Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker 2017 University of Maryland Francis King Carey School of Law

Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker

Maryland Law Review

No abstract provided.


Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan 2017 University of Maryland Francis King Carey School of Law

Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan

Maryland Law Review

No abstract provided.


Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm 2017 University of Maryland Francis King Carey School of Law

Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm

Maryland Law Review

No abstract provided.


In Defense Of The Long Privacy Statement, Mike Hintze 2017 University of Maryland Francis King Carey School of Law

In Defense Of The Long Privacy Statement, Mike Hintze

Maryland Law Review

No abstract provided.


A Critical Assessment Of The Empiricism In The Restatement Of Consumer Contract Law, Gregory Klass 2017 Georgetown University Law Center

A Critical Assessment Of The Empiricism In The Restatement Of Consumer Contract Law, Gregory Klass

Georgetown Law Faculty Publications and Other Works

The draft Restatement of the Law of Consumer Contracts includes six quantitative studies of judicial decisions, each used to support a rule or comment.

This article examines the draft’s study of privacy-policy decisions, which the draft relies on for a comment stating that business privacy policies are generally treated as contract terms. This article finds that the data for the privacy-policy study provide only limited support for their proposed comment, and much less than the draft suggests. Whereas the Reporters find forty cases in their dataset reaching a holding on the question, this study finds only fifteen. And whereas ...


Keeping Up With New Legal Titles, Franklin L. Runge 2017 University of Kentucky College of Law

Keeping Up With New Legal Titles, Franklin L. Runge

Franklin L. Runge

In this book review, Franklin L. Runge discusses The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (2016) by Laura K. Donohue.


Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer 2017 Seattle University School of Law

Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer

Seattle University Law Review

Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws ...


Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney 2017 Boston College Law School

Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney

Boston College Journal of Law & Social Justice

On July 14, 2016, the U.S. Court of Appeals for the Sixth Circuit held that criminal defendants have a legitimate privacy interest in their booking photographs, thereby reversing and remanding a grant of summary judgment in favor of the Detroit Free Press’s request for the booking photographs of four police officers who had recently been indicted for bribery and drug conspiracy. In holding that the public disclosure of booking photographs may constitute an unwarranted invasion of personal privacy, the majority overturned twenty years’ worth of Sixth Circuit precedent. The court properly acknowledged that booking photographs convey a portrait ...


Only The Good Regulations Die Young: Recognizing The Consumer Benefits Of The Fcc's Now-Defunct Privacy Regulations, Paul R. Gaus 2017 University of Minnesota Law School

Only The Good Regulations Die Young: Recognizing The Consumer Benefits Of The Fcc's Now-Defunct Privacy Regulations, Paul R. Gaus

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Dynamic Effect Of Information Privacy Law, Ignacio Cofone 2017 Yale Law School

The Dynamic Effect Of Information Privacy Law, Ignacio Cofone

Minnesota Journal of Law, Science & Technology

Discussions of information privacy typically rely on the idea that there is a trade off between privacy and availability of information. But privacy, under some circumstances, can lead to creation of more information. In this article, I identify such circumstances by exploring the ex ante incentives created by entitlements to personal data and evaluating the long-term effects of privacy. In so doing, I introduce an economic justification of information privacy law. Under the standard law & economics account, as long as property rights are defined and transaction costs are low, initial right allocations should be irrelevant for social welfare. But initial ...


Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum 2017 DePaul University

Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum

Georgia Journal of International & Comparative Law

No abstract provided.


Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. MacKenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law 2017 Venable LLP

Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law

University of Michigan Journal of Law Reform

This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.


The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog 2017 University of Maryland Francis King Carey School of Law

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Maryland Law Review

No abstract provided.


Disentangling The Right Of Publicity, Eric E. Johnson 2017 University of North Dakota School of Law

Disentangling The Right Of Publicity, Eric E. Johnson

Northwestern University Law Review

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is.

This Article explains how, in the absence of a clear enunciation of ...


Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris 2017 University of Missouri School of Law

Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris

Missouri Law Review

One of the great advantages of living in a free society is the enjoyment of general privacy and freedom from unwarranted interference in one’s personal affairs. This advantage benefits citizens in both their private and public interactions. For example, it is expected one could drive to the store across town, the mall in a neighboring city, or somewhere on the other side of the country uninterrupted and unhindered. The Fourth Amendment to the United States Constitution codifies this privacy expectation as a right to be enjoyed by all within its reach. Specifically, the Fourth Amendment protects against “unreasonable searches ...


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