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United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko 2018 Concordia University School of Law

United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko

Greg Sergienko

Five years ago, in a contribution to these pages, I suggested that the Supreme Court's oldest precedents and the original intent of the framers of the Constitution precluded the use of evidence produced under a grant of immunity against the producer, even though the material produced included documents that the producer had not been compelled to write. This implied that information concealed with a cryptographic key could not be used in a criminal prosecution against someone from whom the key had been obtained under a grant of immunity. The issue, however, was doubtful given the tendency of the Court ...


Self Incrimination And Cryptographic Keys, Gregory S. Sergienko 2018 Concordia University School of Law

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]


Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer 2018 Duke Law

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership ...


Empiricism And Privacy Policies In The Restatement Of Consumer Contract Law, Gregory Klass 2018 Georgetown University Law Center

Empiricism And Privacy Policies 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 a quantitative study of judicial decisions concerning businesses’ online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contracts. This article reports an attempt to replicate that study. Using the Restatement data, this study was unable to replicate its numerical findings. This study found in the data fewer relevant decisions, and a lower proportion of decisions supporting the Restatement position. This study also found little support for the claim that there is a clear trend recognizing enforcing privacy policies as contracts, and ...


Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy 2018 New York Law School

Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy

Boston College Law Review

Internet of Things (“IoT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates, and calories burned. This Article explores the connection between the types of data generated by the IoT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric ...


Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben 2018 University of Missouri School of Law

Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben

Boston College Law Review

Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex categorical presumption of inadmissibility with limited exceptions to a simpler rule that gives courts considerable deference to admit such evidence when they ...


Pathologizing “Radicalization” And The Erosion Of Patient Privacy Rights, Kelly Morgan 2018 Boston College Law School

Pathologizing “Radicalization” And The Erosion Of Patient Privacy Rights, Kelly Morgan

Boston College Law Review

Countering Violent Extremism (“CVE”) is a counterterrorism strategy ostensibly aimed at preventing “radicalization” through risk assessment and intervention. CVE involves recruitment of helping professionals, including mental health care providers, to monitor their patients for signs of “vulnerability to radicalization,” make referrals to “de-radicalization” programs, and participate in multidisciplinary intervention teams. Broad national security and public safety exceptions within existing privacy laws allow mental health professionals participating in CVE to make potentially harmful disclosures of private patient information. This Note argues that professional associations representing mental health care providers should develop policies to limit and regulate members’ participation in CVE.


Ontario's New Invasion Of Privacy Torts: Do They Offer Monetary Redress For Violations Suffered Via The Internet Of Things?, Sarit K. Mizrahi 2018 University of Ottawa

Ontario's New Invasion Of Privacy Torts: Do They Offer Monetary Redress For Violations Suffered Via The Internet Of Things?, Sarit K. Mizrahi

Western Journal of Legal Studies

In the age of the Internet of Things, we are all susceptible to countless privacy violations. Society’s prevalent use of interconnected devices enables companies to collect and manipulate users’ personal data for their own monetary benefits. While the law grapples with how best to protect users from such privacy risks, another significant danger has emerged: by besting the often-weak security measures employed by companies that create interconnected devices, hackers can compromise the integrity of these electronics by remotely accessing them. This allows hackers to gain unauthorized access to the personal data of users and potentially hold their devices for ...


Property As The Right To Be Left Alone, Abraham Bell, Gideon Parchomovsky 2018 University of San Diego

Property As The Right To Be Left Alone, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship

Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important safeguard against intrusions of the privacy interests of owners both by the government and by private actors. Gradually, however, the symbiotic relationship between privacy and property has been forgotten by scholars and policymakers and fallen into oblivion.

In this Article, we seek to restore the centrality of privacy in property law by making two novel contributions – one descriptive and one normative. Descriptively, we demonstrate that concerns for privacy inform, at times implicitly, many important property doctrines. Indeed, we show that ...


Sfr Inv.'S Pool 1, Llc V. First Horizon Home Loans, 134 Nev. Adv. Op. 4 (Feb. 1, 2018), Brendan McLeod 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sfr Inv.'S Pool 1, Llc V. First Horizon Home Loans, 134 Nev. Adv. Op. 4 (Feb. 1, 2018), Brendan Mcleod

Nevada Supreme Court Summaries

The Court determined that, under provisions of NRS 116.31162, when an HOA records a notice of a foreclosure sale, any subsequent buyer who purchases the property is subject to that notice that a foreclosure may be imminent.


Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, McKay Cunningham 2018 Concordia University School of Law

Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham

McKay Cunningham

The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.

At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million ...


Civil Society And Cybersurveillance, Andrew McCanse Wright 2018 Savannah Law School

Civil Society And Cybersurveillance, Andrew Mccanse Wright

Arkansas Law Review

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.


Contents, 2018 The Catholic University of America, Columbus School of Law

Contents

Catholic University Journal of Law and Technology

No abstract provided.


Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat 2018 The Catholic University of America, Columbus School of Law

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in ...


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi 2018 The Catholic University of America, Columbus School of Law

Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi

Catholic University Journal of Law and Technology

Mobile instant messaging, such as text messages, are a pervasive aspect of everyday life. The characteristics of the modern mobile instant messaging application, especially in comparison with other forms of more traditional electronic communication platforms, such as e-mail, text messaging, or computer-based instant messaging program, present a variety of evidentiary issues in trial.

To be relevant, mobile instant messaging evidence must be connected to a genuine issue at trial and not too attenuated from it. Authentication is also very important in determining whether it may be considered a non-hearsay statement. Although often otherwise admissible, mobile instant messaging evidence may still ...


Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy 2018 Catholic University of America (Student)

Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy

Catholic University Journal of Law and Technology

In modern society, cell phones have become a virtual extension of most Americans. Advances in cell phone technology have given rise to the popularity of mobile dating applications (“apps”), which are capable of allowing users to date and meet potential partners without leaving the comfort of their own homes. The convenience and allure of mobile dating apps has led to a staggering increase in the number of crimes orchestrated against other users of the apps. Such crimes often include solicitation, stalking, murder, and human trafficking. Unsuspecting and trusting users fall victim to these crimes due to the false sense of ...


Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light 2018 Georgia State University College of Law

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.


Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett 2018 Duke Law

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Duke Law & Technology Review

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success ...


Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley 2018 Washington University School of Law

Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley

Washington University Law Review

In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle has been fought and won . . . . You’re now one click away from every sex act imaginable for free. And so it’s just passé at this juncture.” In stark contrast to the world of past generations, “[n]ow every teenage boy has an Internet-connected phone . . . . Pornographic magazines, even those as storied as Playboy, have lost their shock value, their commercial value and their cultural relevance.”

One consequence of modern technological advancements is that online pornography ...


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