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Full-Text Articles in Law
Getting Real About Privacy: Eccentric Expectations In The Post-9/11 World, Jeffrey A. Breinholt
Getting Real About Privacy: Eccentric Expectations In The Post-9/11 World, Jeffrey A. Breinholt
ExpressO
What if science developed technology that would eliminate violent crime on American streets entirely, without jeopardizing civil liberties or personal privacy? This article describes such a scenario, and uses it to take a critical look at some of legal commentary claiming that Americans are bound to lose their rights and privacy if they fail to object to modern tools of domestic security. It concludes that those who have criticize modern scientific applications to the security challenge are overlooking well-established legal doctrines, based on eccentric fears of technology and the nation's law enforcers.
'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes
'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes
Michigan Telecommunications & Technology Law Review
The notion of software code replacing legal code as a mechanism to control human behavior--"code as law"--is often illustrated with examples in intellectual property and freedom of speech. This Article examines the neglected issue of the impact of "code as law" on privacy. To what extent is privacy-related "code" being used, either to undermine or to enhance privacy? On the basis of cases in the domains of law enforcement, national security, E-government, and commerce, it is concluded that technology rarely incorporates specific privacy-related norms. At the same time, however, technology very often does have clear effects on privacy, as it …
‘Code’ And The Slow Erosion Of Privacy, Ronald Leenes, Bert-Jaap Koops
‘Code’ And The Slow Erosion Of Privacy, Ronald Leenes, Bert-Jaap Koops
ExpressO
The notion of software code replacing legal code as a mechanism to control human behavior – ‘code as law’ – is often illustrated with examples in intellectual property and freedom of speech. This article examines the neglected issue of the impact of ‘code as law’ on privacy. To what extent is privacy-related ‘code’ being used, either to undermine or to enhance privacy? On the basis of cases in the domains of law enforcement, national security, E-government, and commerce, it is concluded that technology rarely incorporates specific privacy-related norms. At the same time, however, technology very often does have clear effects …
Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn
Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn
ExpressO
This article undertakes a normative and empirical legal inquiry into the manner information security vulnerabilities are being addressed through law and in the marketplace. Specifically, this article questions the current legislative paradigm for information security regulation by presenting a critique grounded in information security and cryptography theory. Consequently, this article advocates shifting our regulatory approach to a process-based security paradigm that focuses on improving security of our system as a whole. Finally, this article argues that in order to accomplish this shift with least disruption to current legal and economic processes, expanding an existing set of well-functioning legal structures is …
Spyware And The Limits Of Surveillance Law, Patricia L. Bellia
Spyware And The Limits Of Surveillance Law, Patricia L. Bellia
Journal Articles
For policymakers, litigants, and commentators seeking to address the threats digital technology poses for privacy, electronic surveillance law remains a weapon of choice. The debate over how best to respond to the spyware problem provides only the most recent illustration of that fact. Although there is much controversy over how to define spyware, that label encompasses at least some software that monitors a computer user's electronic communications. Federal surveillance statutes thus present an intuitive fit for responding to the regulatory challenges of spyware, because those statutes bar the unauthorized acquisition of electronic communications and related data in some circumstances. Indeed, …
Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey
Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey
Sam Grey
While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …