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Articles 1 - 5 of 5
Full-Text Articles in Law
The Deliberative Privacy Principle, B. Jessie Hill
The Deliberative Privacy Principle, B. Jessie Hill
Faculty Publications
In this article, I propose that there is a deep connection among at least three seemingly disparate types of constitutional rights claims. Those three rights claims are the right to make the abortion decision for any reason one chooses; the right against compelled ideological speech; and the right of religious institutions to freely hire and fire their ministers (also known as the “ministerial exception”). In particular, there is a thread that unites all of these types of claims. That unifying thread is the concept of deliberative privacy. The connection among these rights claims has not been previously made explicit by …
The New Retail Experience And Its Unaddressed Privacy Concerns: How Rfid And Mobile Location Analytics Are Collecting Customer Information, Ava Farshidi
Journal of Law, Technology, & the Internet
"Part I of this paper will look at the newest development of the retail experience and suggest a method to understand the privacy concerns as well as suggest a regulatory scheme to protect customers without inhibiting their shopping experience. Part II will provide a background of the three stages of shopping experiences and the evolution of privacy concerns associated with them. Part III will address the current American stance on data collection and privacy law with a particular look at privacy concerns that the eStore is facing. Finally, Part IV will provide guidance on how to deal with these data …
The Right To Be Forgotten: A Step In The Right Direction For Cyberspace Law And Policy, Lyndsay Cook
The Right To Be Forgotten: A Step In The Right Direction For Cyberspace Law And Policy, Lyndsay Cook
Journal of Law, Technology, & the Internet
This comment examines a case referred to the Court of Justice of the European Union (“EU”) on “a Spanish citizen’s complaint against Google Spain and Google Inc.. arguing that an auction notice of his repossessed home on Google’s search results, violated his privacy rights because the repossession proceeding had been resolved long ago, and was no longer relevant. The EU court was asked to decide whether an individual has the right to request that his or her personal data be removed from accessibility via a search engine (‘the right to be forgotten’). In a landmark decision, the EU court held …
Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover
Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover
Faculty Publications
The current state of Fourth Amendment jurisprudence leaves it to technology corporations to challenge court orders, subpoenas, and requests by the government for individual users’ information. The third-party doctrine denies people a reasonable expectation of privacy in data they transmit through telecommunications and Internet service providers. Third-party corporations become, by default, the people’s corporate avatars. Corporate avatars, however, do a poor job of representing individuals’ interests. Moreover, vesting the Fourth Amendment’s government-oversight functions in corporations fails to cohere with the Bill of Rights’ populist history and the Framers’ distrust of corporations.
This article examines how the third-party doctrine proves unsupportable …
Privacy Rights And Remedies, Jonathan L. Entin
Privacy Rights And Remedies, Jonathan L. Entin
Faculty Publications
No abstract provided.