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

Privacy Law Commons

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

2,187 Full-Text Articles 2,154 Authors 714,965 Downloads 114 Institutions

All Articles in Privacy Law

Faceted Search

2,187 full-text articles. Page 50 of 55.

Expectations Of Privacy In Social Media, Stephen E. Henderson 2011 University of Oklahoma College of Law

Expectations Of Privacy In Social Media, Stephen E. Henderson

Stephen E Henderson

This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of ...


Systematic Government Access To Private-Sector Data In Germany, Paul M. Schwartz 2011 Berkeley Law

Systematic Government Access To Private-Sector Data In Germany, Paul M. Schwartz

Paul M. Schwartz

No abstract provided.


Data Protection Laws And Marketing Practices, Warren B. CHIK 2011 Singapore Management University

Data Protection Laws And Marketing Practices, Warren B. Chik

Research Collection School Of Law

Thepotential privacy implications of the incorporation of data protection laws inSingapore for unsolicited communications including telemarketing, junk mail andfaxes and SPAM are examined in this article.


Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane 2011 University of Michigan Law School

Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane

University of Michigan Journal of Law Reform

This Note proposes that the Washington State Legislature amend its Public Records Act to exempt from public disclosure personal information legally required to be disclosed by signers of referendum petitions. This Note also proposes that the Washington State Legislature designate an electronic system, to be detailed in its election law, by which referendum petitions can be checked for fraud without violating the right to anonymous expression protected by the First Amendment. Part I describes Washington State's referendum process and the path of Doe v. Reed, the case animating the reform presented in this Note. Part II illustrates how the ...


London, Libel Capital No Longer? The Draft Defamation Act 2011 And The Future Of Libel Tourism, Thomas Sanchez 2011 University of New Hampshire School of Law

London, Libel Capital No Longer? The Draft Defamation Act 2011 And The Future Of Libel Tourism, Thomas Sanchez

University of New Hampshire Law Review

[Excerpt] “In the past decade, London emerged as the forum of choice for “libel tourists”—strategic, often foreign, plaintiffs who bring defamation actions in a jurisdiction with plaintiff-friendly libel laws, even if they and the defamatory material at issue lack a substantial connection with that jurisdiction. England’s defamation laws and procedures make it significantly easier for claimants to commence and prevail in libel actions than do the laws and procedures of many other countries, particularly the United States. As a result, English courts have entertained several high-profile defamation cases involving foreign parties who have only tenuous connections to England ...


Big Brother Is Watching: The Reality Show You Didn't Audition For, J. Amy Dillard 2011 University of Baltimore School of Law

Big Brother Is Watching: The Reality Show You Didn't Audition For, J. Amy Dillard

All Faculty Scholarship

In 1984, at the height of the Reagan-era war on drugs, the Supreme Court created a bright-line exception to Fourth Amendment protection by declaring that no person had a reasonable expectation of privacy in an area defined as an open field. When it created the exception, the Court ignored positive law and its own jurisprudence that the Fourth Amendment protects people, not places. The open fields doctrine allows law enforcement officers to enter posted, private areas that are not part of a house or its curtilage for brief surveillance. The Supreme Court has never “extended the open fields doctrine to ...


Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries 2011 Alexander Blewett III School of Law at the University of Montana

Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries

Faculty Law Review Articles

The American criminal justice system, (therefore), is facing a future domestic violence crisis. Unfortunately, authorities-both parents and law enforcement-tend to minimize the seriousness of violence within adolescent relationships and to minimize the seriousness of stalking. In addition, given the prevalence and embrace of technology by teenagers, criminalizing "normal" teenage behavior seems counter-productive. While an effective criminal justice system response to this problem has yet to be developed, the first step will be for parents and law enforcement to recognize the risk and take it seriously. The second step will be to "renorm" unhealthy teenage relationship norms. It is possible that ...


Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo 2011 University of Pennsylvania Law School

Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo

Faculty Scholarship

Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital ...


Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts 2011 The University of Pennsylvania Law School

Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts

Faculty Scholarship

This Article is part of a Howard Law Journal Symposium on “Collateral Consequences: Who Really Pays the Price for Criminal Justice?,” as well as my larger book project, Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-First Century (The New Press, 2011). It considers state and federal government expansion of genetic surveillance as a collateral consequence of a criminal record in the context of a new biopolitics of race in America. Part I reviews the expansion of DNA data banking by states and the federal government, extending the collateral impact of a criminal record—in the ...


First-Class Objects, James Grimmelmann 2011 Cornell Law School

First-Class Objects, James Grimmelmann

Cornell Law Faculty Publications

What is the difference between "James Grimmelmann" and "@grimmelm" and why should we care? Some computer systems, like Facebook and credit reporting agencies, are inherently "about" people. Others are not. This essay argues that the key technical difference is whether they use unique identifiers to refer to people in their databases. From this single distinction, a host of social and humanistic consequences follow. The essay taxonomizes them and teases out some of their implications for privacy law.


Home Is Where The Crime Is, I. Bennett Capers 2011 Hofstra University School of Law

Home Is Where The Crime Is, I. Bennett Capers

Michigan Law Review

Think of home. Go on. Maybe not your parents' home, which for this reviewer would be enough to induce heavy breathing and general anxiety. Rather, think about the concept of home. Think about the idea of home. Think about Home with a capital letter. Think of home as in The Wizard of Oz and Dorothy's famous "There's no place like home." Think "home sweet home." Or "home is where the heart is." Go on. Of course, there may be other associations that come to mind when one thinks of home. There's security. Safety. Control. Home rule. After ...


From Facebook To Mug Shot: How The Dearth Of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Junichi P. Semitsu 2011 University of San Diego School of Law

From Facebook To Mug Shot: How The Dearth Of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Junichi P. Semitsu

Pace Law Review

No abstract provided.


Social Media And The Vanishing Points Of Ethical And Constitutional Boundaries, Ken Strutin 2011 New York State Defenders Association

Social Media And The Vanishing Points Of Ethical And Constitutional Boundaries, Ken Strutin

Pace Law Review

No abstract provided.


“You Already Have Zero Privacy. Get Over It!” Would Warren And Brandeis Argue For Privacy For Social Networking?, Connie Davis Powell 2011 Baylor University School of Law

“You Already Have Zero Privacy. Get Over It!” Would Warren And Brandeis Argue For Privacy For Social Networking?, Connie Davis Powell

Pace Law Review

No abstract provided.


Lochner, Lawrence, And Liberty, Joseph F. Morrissey 2011 Stetson University College of Law

Lochner, Lawrence, And Liberty, Joseph F. Morrissey

Georgia State University Law Review

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.

Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.

This article presents and defends a new analytical framework based on liberty of contract to advance gay rights ...


The Board's Responsibility For Information Technology Governance, 28 J. Marshall J. Computer & Info. L. 313 (2011), Lawrence J. Trautman, Kara Altenbaumer-Price 2011 John Marshall Law School

The Board's Responsibility For Information Technology Governance, 28 J. Marshall J. Computer & Info. L. 313 (2011), Lawrence J. Trautman, Kara Altenbaumer-Price

The John Marshall Journal of Information Technology & Privacy Law

With accusations that boards of directors of financial institutions were asleep at the wheel while their companies engaged in risky behavior that erased millions of dollars of shareholder value and plunged the country into recession, increasing pressure is now being placed on public company boards to shoulder the burden of risk oversight for the companies they serve. This article provides an overview of some of the main considerations relative to every director’s duty to govern IT risk. In particular, this comment will address directors’ roles in the risk oversight of the corporations they serve, their role in governance of ...


The Need For Better Analysis Of High Capacity Services, 28 J. Marshall J. Computer & Info. L. 343 (2011), George S. Ford, Lawrence J. Spiwak 2011 John Marshall Law School

The Need For Better Analysis Of High Capacity Services, 28 J. Marshall J. Computer & Info. L. 343 (2011), George S. Ford, Lawrence J. Spiwak

The John Marshall Journal of Information Technology & Privacy Law

In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data ...


My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson 2011 John Marshall Law School

My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson

The John Marshall Journal of Information Technology & Privacy Law

This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will ...


Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch 2011 John Marshall Law School

Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch

The John Marshall Journal of Information Technology & Privacy Law

In an unsuccessful attempt to heighten security, schools are implementing a technology that offers access to children’s personal information and minute-by-minute location. Although not entirely new, Radio Frequency Identification (RFID) technology use has recently been expanding within the school arena. Skeptics knowledgeable about the downfalls of the technology, however, have reason to be concerned. In order to understand the true urgency of this issue, this comment will explain the background of RFID technology, specifically what RFID tags are, how they are used, their purposes, and how they have become unsafe. Included will be an explanation of the reasons that ...


Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson 2011 John Marshall Law School

Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Digital Commons powered by bepress