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Full-Text Articles in Law
Privacy Localism, Ira S. Rubinstein
Privacy Localism, Ira S. Rubinstein
Washington Law Review
Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level (which it dubs “privacy localism”), using recently enacted privacy laws in Seattle and New York City as principal examples. Further, this Article attributes the rise of privacy localism to a combination of federal and state legislative failures and three emerging urban trends: the role of local police in federal counterterrorism efforts; smart city and open data initiatives; and demands for local police reform in the wake of widely reported abusive …
Privacy's Double Standards, Scott Skinner-Thompson
Privacy's Double Standards, Scott Skinner-Thompson
Washington Law Review
Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections. This Article unearths disparate outcomes in public disclosure tort …
Privacy In The Cloud: The Fourth Amendment Fog, Sarah Aitchison
Privacy In The Cloud: The Fourth Amendment Fog, Sarah Aitchison
Washington Law Review
The Cloud has changed how individuals record, store, and aggregate their personal information. As technology’s capacity for holding an individual’s most intimate details and recording day-to-day experiences increases, Fourth Amendment privacy protections become less equipped to respond to technological advances. These advances allow private companies to store an immense amount of their consumers’ personal information, and government entities to obtain that information. In response, tech companies have begun refusing to comply with government demands for information collected and stored in their devices and in the Cloud, and are increasingly ending up in court, fighting orders to disclose consumer information. A …
Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda
Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda
Washington Law Review
When the European Court of Justice in effect accepted a Right to Be Forgotten in 2014, ruling that a man had a right to privacy in his past economic troubles, many suggested that a similar right would be neither welcomed nor constitutional in the United States given the Right’s impact on First Amendment-related freedoms. Even so, a number of state and federal courts have recently used language that embraces in a normative sense the appropriateness of such a Right. These court decisions protect an individual’s personal history in a press-relevant way: they balance individual privacy rights against the public value …
Alexa, What Should We Do About Privacy? Protecting Privacy For Users Of Voice-Activated Devices, Anne Pfeifle
Alexa, What Should We Do About Privacy? Protecting Privacy For Users Of Voice-Activated Devices, Anne Pfeifle
Washington Law Review
Alexa, Amazon’s digital voice assistant, and devices like it, are increasingly common. With this trend comes growing problems, as illustrated by a murder investigation in Bentonville, Arkansas. Police wanted Amazon to turn over data associated with the suspect’s Echo device, hoping it had overheard something on the night of the murder. The case sparked wide-spread interest in the privacy implications of in-home devices that record audio of users. But the biggest threat to user privacy is not that Alexa may overhear a crime—it is that law enforcement will use such devices in new ways that users are not prepared for …
Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson
Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson
Washington Law Review Online
This is a chart of public disclosure tort cases analyzed in Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018).
A Long-Standing Debate: Reflections On Risk And Anxiety: A Theory Of Data Breach Harms By Daniel Solove And Danielle Keats Citron, Ryan Calo
Articles
This jointly-authored Article contributes mightily to our understanding of a critical aspect of privacy: harm. As Professors Solove and Citron carefully evidence, courts are reticent to countenance the harms that flow from a violation of privacy, even as they compensate similar harms in other contexts. Thus while exposing a plaintiff to an environmental or health risk may be compensable, few decisions vindicate victims of a data breach unless or until they experience actual identity theft. Courts have recognized subjective harms such as fear since the night W de S threw his fateful axe at M de S. But courts seldom …
Privacy Commitments, Rachel Wilka
Privacy Commitments, Rachel Wilka
Washington Law Review Online
What responsibilities do corporations have with regard to their consumers’ information? Many articles have looked at ways to make personal information the “property” of the consumer. Property approaches attempt to overlay personal information on the legal frameworks of trade secret, trademark, and copyright law. While each approach has its merits, and contributes to the field, none of the proposals generate a concrete way for a consumer to enforce his or her rights against a company. The proposals all suffer from the same fatal flaw, a new system must not just create a consumer right but also balance the inequities in …
Privacy Commitments, Rachel Wilka
Privacy Commitments, Rachel Wilka
Washington Law Review Online
What responsibilities do corporations have with regard to their consumers’ information? Many articles have looked at ways to make personal information the “property” of the consumer. Property approaches attempt to overlay personal information on the legal frameworks of trade secret, trademark, and copyright law. While each approach has its merits, and contributes to the field, none of the proposals generate a concrete way for a consumer to enforce his or her rights against a company. The proposals all suffer from the same fatal flaw, a new system must not just create a consumer right but also balance the inequities in …
Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson
Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson
Washington Law Review Online
This is a chart of public disclosure tort cases analyzed in Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018).