Carpenter V. United States And The Fourth Amendment: The Best Way Forward, 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
Knowledge And Fourth Amendment Privacy, 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 ...
Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, 2016 Notre Dame Law School
Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood
Journal of Legislation
While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S. Congress has nonetheless to date refused to seriously address the root cause of these threats. The root cause is a legally reinforced incentive system that encourages, and further entrenches, top management decisions that provide inadequate resources for, and inadequate top management attention to, information security and ...
Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes
Journal of Law and Policy
The Fourth Amendment, which affords individuals protection from unreasonable searches and seizures, was ratified over two hundred years ago. As such, it was impossible for the Amendment’s framers to conceive the technologies that exist today. As technology progresses, courts are often faced with the task of deciding how the Fourth Amendment should apply in the modern world. As Fourth Amendment jurisprudence has developed, the Supreme Court has originated tests and doctrines for courts to use when hearing Fourth Amendment challenges to government action. One such test, the ‘reasonable expectation of privacy’ test, looks to see whether an individual has ...
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional ...
Protecting One's Own Privacy In A Big Data Economy, 2016 University of Pennsylvania Law School
Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen
Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply ...
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, 2016 Brooklyn Law School
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
Brooklyn Law Review
Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they ...
Corporate Privacy Failures Start At The Top, 2016 Pepperdine University School of Law
Corporate Privacy Failures Start At The Top, Victoria L. Schwartz
Boston College Law Review
With the rise of big data, numerous corporations are in the privacy business. Yet even corporations not directly in the privacy business must also make important decisions potentially impacting the privacy of their employees, consumers, and shareholders. A wide consensus of scholars and commentators has agreed that corporations fail to adequately protect privacy. The existing scholarship has largely focused on demand-side market failures to explain this privacy failure phenomenon. This Article offers a supply-side market distortion theory that reinforces the existing demand-side explanations to better account for corporate privacy failures. Under this supply-side theory, extensive corporate disclosure requirements, including the ...
Disclosure Of Medical Information Under Louisiana And Federal Law, 2016 Indiana University School of Law - Bloomington
Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder
No abstract provided.
The Right Of Privacy, 2016 St. John's University School of Law
The Right Of Privacy
The Catholic Lawyer
No abstract provided.
Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, 2016 Notre Dame Law School
Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury
Notre Dame Law Review
Body camera implementation remains in its infancy stage. As such,
there is a dearth of legal scholarship analyzing the policy considerations associated
with body cameras. Instead of raising the issues involved and assessing
arguments for and against implementation, this Note assumes body cameras
are a force for good and are here to stay for the long haul. Consequently, the
goal of this Note is to analyze various issues involved in administering body
cameras against a backdrop of recently enacted state legislation—focusing
specifically on the tension between protecting privacy interests while also
ensuring public access to recordings. This Note examines ...
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, 2016 Brigham Young University Law School
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
BYU Law Review
No abstract provided.
Private Norms And Public Spaces, 2016 Notre Dame Law School
Private Norms And Public Spaces, Nicole Stelle Garnett
Nicole Stelle Garnett
This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, 2016 Seattle University School of Law
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Seattle University Law Review
This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes ...
Privatization Of The Judiciary, 2016 Seattle University School of Law
Privatization Of The Judiciary, Eldar Haber
Seattle University Law Review
The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights ...
Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, 2016 Villanova University Charles Widger School of Law
Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, Doris Deltosto Brogan
Villanova Law Review
No abstract provided.
Private Law In The Gaps, 2016 Notre Dame Law School
Private Law In The Gaps, Jeffrey A. Pojanowski
Jeffrey A. Pojanowski
Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a ...
The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, 2016 University of Georgia School of Law
The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise
Journal of Intellectual Property Law
No abstract provided.
The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, 2016 Georgia State University
The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, Tawfiq Alashoor
KSU Proceedings on Cybersecurity Education, Research and Practice
In the U.S., there is no comprehensive national law regulating the collection and use of personal information. As a response to the high level of privacy concerns among U.S. citizens and the currently limited regulations, states have enacted their own privacy laws over and above the principles of Fair Information Practices (FIP). In this exploratory study, we draw upon the privacy literature and the Restricted Access/Limited Control (RALC) theory of privacy to study the privacy concerns phenomenon with a multilevel theoretical lens. We introduce and test three novel propositions pertaining to the impact of state level privacy ...
Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, 2016 University of North Carolina School of Law
Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter
Libraries collaborate to digitize collections large and small in order to provide information with fewer geographical, temporal, or socio-economic barriers. These collaborations promise economy of scale and breadth of impact, both for access to content and for preservation of decaying print source material. Some suggest this increased access to information through the digital environment comes at the expense of reader privacy, a value that United States librarians have advanced for nearly eighty years. Multiplying risks to digital reader privacy are said to weaken librarians’ commitment to privacy of library use and to overwhelm libraries’ ability to ensure confidential access to ...