Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Affirmative consent; revenge porn; copyright (1)
- Biometric; biometric data; protection; legislation; reform; personal identifier; personally identifiable information (1)
- Equifax Data Breach; Sensitive Information; Information; Personal Information; PII; Personally Identifiable Information; Data; Private Data; Data Breaches; Data Breach; Consumer Class Actions; Class Actionl Arbitration; Victim Recovery Fund; Remedy; Consumer Data Breach (1)
- Reed v. town of gilbert; private speech regulation; fcc; ftc; robocalls; telemarketing; first amendment; constitutional law; tcpa (1)
- Search Engine; Right To Be Forgotten; Right To Deindex; Right Of Publicity; Right Of Privacy; Google Spain; Privacy; Google; Google Spain V. AEPD; Private Information; First Amendment; Free Speech; Court Of Justice Of The European Union; CJEU; Publicity; Search Results; European Union; Haelan Laboratories (1)
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz
Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz
Brooklyn Law Review
This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent and technological and regulatory developments. Robocalls—phone calls made using autodialers or prerecorded messages without the consent of the call recipient—have become one of the primary consumer protection issues facing regulators. With more than 2.4 billion of these calls placed each month, consumer concern about them dominate complaints received by both the Federal Communications Commission and Federal Trade Commission. Simultaneously, as cellphones have become a ubiquitous means by which individuals engage with one another and have become the public square, …
The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny
The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny
Brooklyn Journal of Corporate, Financial & Commercial Law
What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
Journal of Law and Policy
Most have heard the phrase “revenge pornography” via the various websites that have infiltrated the internet for the sole purpose of posting this type of content. Not only do these websites display photos and videos of the victim in their most intimate moments, but they also often include names, addresses, phone numbers, and other identifying information. While many people know what revenge pornography is, they are completely unaware of the devastating impact that revenge pornography has on victims, the majority of which are women. As a result of revenge pornography, victims often suffer from mental illnesses (depression, anxiety, suicidal ideation, …
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …
Biometric Data Collection In An Unprotected World: Exploring The Need For Federal Legislation Protecting Biometric Data, Carra Pope
Journal of Law and Policy
Currently, there are no federal statutes which protect or regulate the collection of biometric information. Because biometric identifiers cannot be changed if compromised, it is increasingly crucial that this data be protected by law. This note examines the barriers to federal legislation which would protect and regulate biometric data, as well as the steps that should be taken to enact federal biometric legislation in the future.
The New Utilities: Private Power, Social Infrastructure, And The Revival Of The Public Utility Concept, K. Sabeel Rahman
The New Utilities: Private Power, Social Infrastructure, And The Revival Of The Public Utility Concept, K. Sabeel Rahman
Faculty Scholarship
No abstract provided.
Techno-Policing, I. Bennett Capers
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
Faculty Scholarship
No abstract provided.