Digital Commons Network^™

Navigating Complex Issues In Modern Archival Collections: Privacy And Copyright, Virginia A. Dressler, Cindy Kristof

Virginia A Dressler

The Case For The Third-Party Doctrine, Orin S. Kerr

Orin Kerr

This Article offers a defense of the Fourth Amendment's third party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power This Article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses. The third-party doctrine serves two critical functions. First, the doctrine ensures the technological neutrality of the Fourth Amendment. It corrects for the substitution effect of third parties that …

The Role Of Satellites And Smart Devices: Data Surprises And Security, Privacy, And Regulatory Challenges, Anne T. Mckenna, Amy C. Gaudion, Jenni L. Evans

Amy C. Gaudion

Strava, a popular social media platform and mobile app like Facebook but specifically designed for athletes, posts a “heatmap” with consensually-obtained details about users’ workouts and geolocation. Strava’s heatmap depicts aggregated data of user location and movement by synthesizing GPS satellite data points and movement data from users’ smart devices together with satellite imagery. In January of 2018, a 20-year-old student tweeted that Strava’s heatmap revealed U.S. forward operating bases. The tweet revealed a significant national security issue and flagged substantial privacy and civil liberty concerns.

Smart devices, software applications, and social media platforms aggregate consumer data from multiple data …

Privacy Rights And Public Families, Khiara Bridges

Khiara M Bridges

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …

Balancing Privacy And Access In Personal Digital Archives, Virginia A. Dressler

Virginia A Dressler

Digitizing Modern Archival Collections, Or How We Addressed Copyright In The Murky Waters Of Clippings, Student Strike Papers And More, Virginia A. Dressler, Cindy Kristof

Virginia A Dressler

Toward A More Secure Hris: The Role Of Hci And Unconscious Behavior, Humayun Zafar, Adriane B. Randolph, Neale Martin

Humayun Zafar

By design, human resource information systems (HRIS) hold confidential and sensitive information. Therefore, one needs to ensure the security of these systems from unintentional mistakes that may compromise such information. Current systems design and training procedures of HRIS unintentionally help reinforce unsecure behaviors that result in non-malicious security breaches. Measures to improve security through design and training may only occur by breaking the use/impact cycle that individuals have habitually formed. Using strong contexts and cues allow trainers to interrupt individuals’ habits. Then, they have the opportunity to enforce the repetition of the desired behavior. This paper introduces a model of …

Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin

Christopher Slobogin

The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …

Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin

Ellen Wright Clayton

The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …

Big Data's Impact On Privacy For Librarians And Information Professionals, Lindsey M. Harper, Shannon M. Oltmann

Lindsey M. Harper

In a digital age, it is very difficult to maintain complete privacy when posting on social media or making purchases. Individual activity on the internet is increasingly collected by corporations, even with the user’s knowledge, and can be used to predict future behavior, purchasing choices or other sensitive subjects. This data analysis is often done without a user’s consent and in many cases presents unethical behavior and breaches of privacy. Big data can be beneficial to libraries in many ways, and if pointed at library systems, rather than the habits of patrons, can also keep privacy intact.

When Disclosure Is Involuntary: Empowering Users With Control To Reduce Concerns, David W. Wilson, Ryan M. Schuetzler, Bradley Dorn, Jeffrey Gainer Proudfoot

Ryan Schuetzler

Modern organizations must carefully balance the practice of gathering large amounts of valuable data from individuals with the associated ethical considerations and potential negative public image inherent in breaches of privacy. As it becomes increasingly commonplace for many types of information to be collected without individuals' knowledge or consent, managers and researchers alike can benefit from understanding how individuals react to such involuntary disclosures, and how these reactions can impact evaluations of the data-collecting organizations. This research develops and empirically tests a theoretical model that shows how empowering individuals with a sense of control over their personal information can help …

Patient Preferences For Authentication And Security: A Comparison Study Of Younger And Older Patients, Ann Fruhling, Devika Ramachandran, Tamara Bernard, Ryan Schuetzler, John R. Windle

Ryan Schuetzler

We examine authentication and security preferences of younger versus older patients in the healthcare domain. Previous research has investigated users' perception of the acceptability of various forms of authentication in nonhealthcare domains, but not patients’ preferences. First, we developed an interactive prototype to test three authentication methods: passwords, pattern, and voice. Our results indicate that younger patients prefer passwords by a significant margin. Older patients indicated more mixed preferences. In addition, we evaluated the level of security patients desired for protection of health information compared to financial information. We found no difference based on age: both groups felt financial security …

Deputizing Family: Loved Ones As A Regulatory Tool In The 'Drug War' And Beyond, Matthew Lawrence

Matthew B. Lawrence

The Language-Game Of Privacy, Joshua A.T. Fairfield

Joshua A.T. Fairfield

A review of Ronald J. Krotoszynski, Jr., Privacy Revisited: A Global Perspective on the Right to Be Left Alone.

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel

Katharine Van Tassel

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Americans, Marketers, And The Internet: 1999-2012, Joseph Turow, Amy Bleakley, John Bracken, Michael X. Delli Carpini, Nora A. Draper, Lauren Feldman, Nathaniel Good, Jens Grossklags, Michael Hennessy, Chris Jay Hoofnagle, Rowan Howard-Williams, Jennifer King, Su Li, Kimberly Meltzer, Deirdre K. Mulligan, Lilach Nir

Chris Jay Hoofnagle

This is a collection of the reports on the Annenberg national surveys that explored Americans' knowledge and opinions about the new digital-marketing world that was becoming part of their lives. So far we’ve released seven reports on the subject, in 1999, 2000, 2003, 2005, 2009, 2010, and 2012. The reports raised or deepened a range of provocative topics that have become part of public, policy, and industry discourse. In addition to these reports, I’ve included three journal articles — from I/S, New Media & Society and the Journal of Consumer Affairs — that synthesize some of the findings and place …

How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow

Chris Jay Hoofnagle

Media reports teem with stories of young people posting salacious photos online, writing about alcohol-fueled misdeeds on social networking sites, and publicizing other ill-considered escapades that may haunt them in the future. These anecdotes are interpreted as representing a generation-wide shift in attitude toward information privacy. Many commentators therefore claim that young people “are less concerned with maintaining privacy than older people are.” Surprisingly, though, few empirical investigations have explored the privacy attitudes of young adults. This report is among the first quantitative studies evaluating young adults’ attitudes. It demonstrates that the picture is more nuanced than portrayed in the …

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

Stephen E Henderson

A Few Criminal Justice Big Data Rules, Stephen E. Henderson

Stephen E Henderson

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell

Peter Menell

Drawing on Justice Brandeis's oft-cited observation that states can serve as 'laboratories" of policy experimentation, this Article develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises to …

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Teresa A. Miller

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Teresa A. Miller

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches. The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas

Samantha Barbas

The American press, it’s been said, is freer to invade personal privacy than perhaps any other in the world. The tort law of privacy, as a shield against unwanted media exposure of private life, is very weak. The usual reason given for the weakness of U.S. privacy law as a bar on the publication of private information is the strong tradition of First Amendment freedom. But “freedom of the press” alone cannot explain why liberty to publish has been interpreted as a right to print truly intimate matters or to thrust people into the spotlight against their will. Especially in …

The Right To Be Forgotten In Digital Collections: A Survey Of Practice And Policy At Arl Institutions, Virginia A. Dressler, Cindy Kristof

Virginia A Dressler

Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

Lori B. Andrews

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano

Tracy Mitrano

Chapter Two: Privacy, Tracy Mitrano

Tracy Mitrano