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Articles 1 - 30 of 46
Full-Text Articles in Law
Content Moderation And The Least Cost Avoider, Paul Rosenzweig
Content Moderation And The Least Cost Avoider, Paul Rosenzweig
Joint PIJIP/TLS Research Paper Series
No abstract provided.
A Trusted Framework For Cross-Border Data Flows, Alex Joel
A Trusted Framework For Cross-Border Data Flows, Alex Joel
Joint PIJIP/TLS Research Paper Series
The German Marshall Fund of the United States (GMF), in cooperation with the Tech, Law and Security Program (TLS) of the American University Washington College of Law, and with support from Microsoft, convened a Global Taskforce to Promote Trusted Sharing of Data comprising experts from civil society, academia, and industry to submit proposals for harmonizing approaches to global data use and sharing. Former US Ambassador to the Organisation for Economic Co-operation and Development (OECD) and GMF Distinguished Fellow Karen Kornbluh and Microsoft Chief Privacy Officer and Corporate Vice President Julie Brill co-chaired the taskforce; TLS Senior Project Director Alex Joel …
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
American University Law Review
In the wake of the United States Supreme Court’s devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Articles in Law Reviews & Other Academic Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Persistent Surveillance, Andrew Guthrie Ferguson
Persistent Surveillance, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
Persistent surveillance technologies grant police vast new investigative capabilities. The technologies both monitor targeted areas and generate databases of searchable information about people, places, and patterns that can be connected and accessed for criminal prosecutions.
In the face of this growing police surveillance, courts have struggled to make sense of a fragmented Fourth Amendment doctrine. The Supreme Court has offered some clues that “digital may be different” when it comes to surveillance, but lower courts have been left struggling to apply old law to new technologies. Warrantless use of persistent surveillance technologies raises hard questions about when a “search” occurs …
Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart
Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Good Health And Good Privacy Go Hand-In-Hand (Originally Published By Jnslp), Jennifer Daskal
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro
Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro
American University Journal of Gender, Social Policy & the Law
Introduction.
On June 16, 2015, President Trump announced his 2016 presidential campaign and claimed that Mexicans are criminals who “[h]ave lots of problems . . . they’re bringing drugs. They’re bringing crime. They’re rapists . . . It’s coming from all over . . . Latin America.” President Trump has publicly expressed his hostility towards immigrants by calling them “animals” and blaming them for drugs and gangs in the United States. While in office, President Trump tweeted that immigrants were invading the United States and suggested that “we must immediately, with no Judges or Court Cases, bring them back from …
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
Upper Level Writing Requirement Research Papers
No abstract provided.
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Hipaa Reform Or A Patchwork Scheme: A Look At Preemption, Scope, And The Inclusion Of A Private Right Of Action In A New Federal Data Privacy Law, David Cohen
Upper Level Writing Requirement Research Papers
No abstract provided.
Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua
Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua
American University National Security Law Brief
No abstract provided.
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
American University National Security Law Brief
No abstract provided.
Carpenter V. United States And The Emerging Expectations Of Privacy In Data Comprehensiveness Applied To Browsing History, Daniel De Zayas
Carpenter V. United States And The Emerging Expectations Of Privacy In Data Comprehensiveness Applied To Browsing History, Daniel De Zayas
American University Law Review
No abstract provided.
Dna And Law Enforcement: How The Use Of Open Source Dna Databases Violates Privacy Rights, Christine Guest
Dna And Law Enforcement: How The Use Of Open Source Dna Databases Violates Privacy Rights, Christine Guest
American University Law Review
No abstract provided.
The Exclusionary Rule In The Age Of Blue Data, Andrew Ferguson
The Exclusionary Rule In The Age Of Blue Data, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court’s understanding of the exclusionary rule: “As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence.” The open question remains: how can defendants demonstrate sufficient recurring or systemic negligence to warrant exclusion? The Supreme Court has never answered the question, although the absence of systemic or recurring problems has figured prominently in two recent exclusionary rule decisions. Without the ability to document recurring failures, or patterns of police misconduct, courts can dismiss …
Privacy And Security Across Borders, Jennifer Daskal
Privacy And Security Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …
Data Localization The Unintended Consequences Of Privacy Litigation, H Jacqueline Brehmer
Data Localization The Unintended Consequences Of Privacy Litigation, H Jacqueline Brehmer
American University Law Review
No abstract provided.
Borders And Bits, Jennifer Daskal
Borders And Bits, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel
The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel
American University Business Law Review
No abstract provided.
Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou
Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou
American University National Security Law Brief
No abstract provided.
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh
American University Law Review
No abstract provided.
Holding The Fbi Accountable For Hacking Apple's Software Under The Takings Clause, Mark S. Levy
Holding The Fbi Accountable For Hacking Apple's Software Under The Takings Clause, Mark S. Levy
American University Law Review
Smartphones have swiftly replaced most-if not all-conventional methods of sending, receiving, and storing personal information. Letters, address books, calendars, and trips to the bank have been rendered obsolete by tools such as text messaging, digital contacts, iCal, and mobile banking apps. Although these digital alternatives are convenient, they are not immune from attack. Therefore, to remain competitive, technology companies must maintain safe and secure platforms on which users may freely store and share their personal information.
Apple Inc., for example, strives to protect its users' intimate information, consequently earning a reputation for prioritizing security. Like a king protecting his castle, …
The New Fisa Court Amicus Should Be Able To Ignore Its Congressionally Imposed Duty, Ben Cook
The New Fisa Court Amicus Should Be Able To Ignore Its Congressionally Imposed Duty, Ben Cook
American University Law Review
No abstract provided.
Little Things And Big Challenges: Information Privacy And The Internet Of Things, Hillary Brill, Scott Jones
Little Things And Big Challenges: Information Privacy And The Internet Of Things, Hillary Brill, Scott Jones
American University Law Review
The Internet of Things (loT), the wireless connection of devices to ourselves, each other, and the Internet, has transformed our lives and our society in unimaginable ways. Today, billions of electronic devices and sensors collect, store, and analyze personal information from how fast we drive, to how fast our hearts beat, to how much and what we watch on TV. Even children provide billions of bits of personal information to the cloud through "smart" toys that capture images, recognize voices, and more. The unprecedented and unbridled new information flow generated from the little things of the loT is creating big …
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod
American University Law Review
On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …