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Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf

Scholarly Works

This Article offers a practical three-part test for courts and law enforcement to utilize when faced with drone and privacy issues. Specifically addressing the question: how should courts analyze the Fourth Amendment’s protection against ‘unreasonable searches’ in the context of drones?

The Supreme Court’s Fourth Amendment jurisprudence produced an intricate framework to address issues arising out of the intersection of technology and privacy interests. In prominent decisions, including United States v. Katz, California v. Ciraolo, Kyllo v. United States, and most notably, United States v. Jones, the Court focused on whether the use of a single technology, such ...


Teaching The Hipaa Privacy Rule, Stacey A. Tovino 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Teaching The Hipaa Privacy Rule, Stacey A. Tovino

Scholarly Works

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include, but certainly are not limited to, a final rule published on January 25, 2013, governing the use and disclosure of protected health information by covered entities and their business associates (the ...


Consumer-Iot: Where Every Thing Collides Promoting Consumer Internet Of Things Protection In Australia., Kate Mathews-Hunt 2017 Bond University

Consumer-Iot: Where Every Thing Collides Promoting Consumer Internet Of Things Protection In Australia., Kate Mathews-Hunt

Theses

The ‘smart’(ly) disruptive world of the consumer internet of things (CIOT) is here. Australian consumers are poised to live in ‘smart’ homes, monitor their ‘smart’ selves and ride in ever- ‘smart’er cars, while smart(er) cities, transport and industrial IOT brilliance changes their world, and the world around them, irretrievably. This thesis both celebrates and exposes this radical, impending CIOT-driven disruption in all its consumer-abusive, privacy-intrusive glory. It posits that consumers and regulators do not yet understand the adverse implications of this new panopticon technology which surveys everything and blurs traditional understandings of human autonomy and privacy, nor ...


Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson 2017 Brooklyn Law School

Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson

Brooklyn Law Review

This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access ...


“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan 2017 Brooklyn Law School

“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan

Brooklyn Law Review

The Federal Aviation Administration’s (FAA) recent promulgation of civilian drone regulations triggered the growth of a new consumer industry. As this industry grows, so do the privacy threats it presents. Drones with advanced technological capabilities can record and store a wide range of data, without the consent of the data’s source. Privileged information captured by drones—whether for innocent purposes or not—is in turn vulnerable to misappropriation, as civilian drones are far from hack-proof. Despite the likely privacy implications of large-scale drone legalization, the FAA’s new regulations do not include any privacy protections. This note provides ...


Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano 2017 Brooklyn Law School

Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano

Brooklyn Law Review

Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy ...


Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy 2017 Brooklyn Law School

Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy

Brooklyn Law Review

The news story is now familiar: hackers breach a security system and post internal, confidential information online for anyone with an Internet connection to comb through. This digital version of whistleblowing, called “hacktivism,” is attractive to the media, which has leaned on broad First Amendment protections to widely cover the confidential communications revealed by hackers. These hacks also provide attorneys with enticing opportunities to look through previously confidential files. But as ethics and evidentiary rules stand, it is not clear if an attorney may view the files, let alone use them as evidence in litigation. That companies are hacked is ...


The New Fisa Court Amicus Should Be Able To Ignore Its Congressionally Imposed Duty, Ben Cook 2017 American University Washington College of Law

The New Fisa Court Amicus Should Be Able To Ignore Its Congressionally Imposed Duty, Ben Cook

American University Law Review

No abstract provided.


Democratic Surveillance, Mary Anne Franks 2017 University of Miami School of Law

Democratic Surveillance, Mary Anne Franks

Articles

No abstract provided.


Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele Gilman, Karen Levy, Alice Marwick 2017 Data & Society Research Institute

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele Gilman, Karen Levy, Alice Marwick

Washington University Law Review

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions ...


Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin 2017 University of Miami School of Law

Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin

Articles

It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.

This Article ...


The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr 2017 George Washington University Law School

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

Michigan Law Review

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 ...


Maryland's Bundle Of Joy: A Constitutionally Stronger, More Comprehensive Take On Contraception Coverage, Alexi Nathan 2017 American University Washington College of Law

Maryland's Bundle Of Joy: A Constitutionally Stronger, More Comprehensive Take On Contraception Coverage, Alexi Nathan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Health Information Equity, Craig Konnoth 2017 University of Colorado Law School

Health Information Equity, Craig Konnoth

Articles

In the last few years, numerous Americans’ health information has been collected and used for follow-on, secondary research. This research studies correlations between medical conditions, genetic or behavioral profiles, and treatments, to customize medical care to specific individuals. Recent federal legislation and regulations make it easier to collect and use the data of the low-income, unwell, and elderly for this purpose. This would impose disproportionate security and autonomy burdens on these individuals. Those who are well-off and pay out of pocket could effectively exempt their data from the publicly available information pot. This presents a problem which modern research ethics ...


Making News: Balancing Newsworthiness And Privacy In The Age Of Algorithms, Erin C. Carroll 2017 Georgetown University Law Center

Making News: Balancing Newsworthiness And Privacy In The Age Of Algorithms, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

In deciding privacy lawsuits against media defendants, courts have for decades deferred to the media. They have given it wide berth to determine what is newsworthy and so, what is protected under the First Amendment. And in doing so, they have often spoken reverently of the editorial process and journalistic decision-making.

Yet, in just the last several years, news production and consumption has changed dramatically. As we get more of our news from digital and social media sites, the role of information gatekeeper is shifting from journalists to computer engineers, programmers, and app designers. The algorithms that the latter write ...


Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan 2016 Chapman University School of Law

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan

Donald J. Kochan

This symposium essay uses the popular game Pokémon Go as a case study for evaluating conflicts that arise when augmented reality is layered over the real property of non-consenting owners. It focuses on the challenges augmented reality technologies pose to the meaning and enforcement of formal and informal trespass norms, first examining physical trespass issues (and enforcement difficulties) associated with game players who sometimes break physical property boundaries.

The essay then undertakes a thought experiment regarding possible recognition of a new, different type of trespass—one to augmented space. Pollock and Maitland called trespass the “fertile mother of all actions ...


Broadband Privacy Within Network Neutrality: The Fcc's Application Of The Cpni Rules, Justin S. Brown 2016 University of South Florida

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

Justin S. Brown

No abstract provided.


Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez 2016 New York University

Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted.  This change is significant.  While the Court has long recognized the reality that police—just like any other actor—cannot be trusted to always follow the rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing.
 
Beyond offering a careful reading of Birchfield, this ...


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2016 University of Oklahoma College of Law

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson

We finally have a federal “test case.”  In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age.  The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher.  This article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. 
 
As for ambition, the Court must ...


Knowledge And Fourth Amendment Privacy, Matthew Tokson 2016 Salmon P. Chase College of Law, Northern Kentucky University

Knowledge And Fourth Amendment Privacy, Matthew Tokson

Northwestern University Law Review

This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.

This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge ...


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