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Full-Text Articles in Law
Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis, Neil Richards, Woodrow Hartzog, Jordan Francis
Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis, Neil Richards, Woodrow Hartzog, Jordan Francis
Faculty Scholarship
The Federal Trade Commission—with its broad, independent grant of authority and statutory mandate to identify and prevent unfair and deceptive trade practices—is uniquely situated to prevent and remedy unfair and deceptive data privacy and data security practices. In an increasingly digitized world, data collection, processing, and transfer have become integral to market interactions. Our personal and commercial experiences are now mediated by powerful, information-intensive firms who hold the power to shape what consumers see, how they interact, which options are available to them, and how they make decisions. That power imbalance exposes consumers and leaves them all vulnerable. We all …
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …
Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco
Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco
Touro Law Review
No abstract provided.
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Catholic University Law Review
As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take action against businesses …
Disruptive Platforms, Margot Kaminski
Data Breach (Regulatory) Effects, David Thaw
Giving Consumers A Leg To Stand On: Finding Plaintiffs A Legislative Solution To The Barrier From Federal Courts In Data Security Breach Suits, Patricia Cave
Catholic University Law Review
No abstract provided.
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Chicago-Kent Law Review
Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.