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Articles 1 - 8 of 8
Full-Text Articles in Law
How To Make The Perfect Citizen? Lessons From China's Social Credit System, Liav Orgad, Wessel Reijers
How To Make The Perfect Citizen? Lessons From China's Social Credit System, Liav Orgad, Wessel Reijers
Vanderbilt Journal of Transnational Law
"How to make the perfect citizen?" This has been one of the questions driving the construction of the Chinese Social Credit System: a technology-driven project that aims to assess, evaluate, and steer the behavior of Chinese citizens. After presenting social credit systems in China's public and private sectors (Part II), the Article provides normative standards to distinguish the Chinese system from comparable systems in liberal democracies (Part III). It then discusses the concept of civic virtue, as implemented by the Social Credit System, claiming that it creates a new form of governance, "cybernetic citizenship," which fundamentally changes the essence of …
Data Autonomy, Cesare Fracassi, William Magnuson
Data Autonomy, Cesare Fracassi, William Magnuson
Vanderbilt Law Review
In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all, …
Regulating Data Breaches: A Data Superfund Statute, Kyle Mckibbin
Regulating Data Breaches: A Data Superfund Statute, Kyle Mckibbin
Vanderbilt Journal of Entertainment & Technology Law
Collecting and processing large amounts of personal data has become a fundamental feature of the modern economy. Personal data, combined with good data analytics, are valuable to businesses as they can provide highly detailed information about individual preferences and behaviors. This data collection can also be valuable to the consumer as it generates innovative products and digital platforms. The era of big data promises great rewards, but it is not without its costs. Data breaches, or the release of personal data into unwanted hands, are pervasive and increasingly massive in scale. Despite the personal privacy harm caused by data breaches, …
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell, G. S. Hans
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell, G. S. Hans
Vanderbilt Law School Faculty Publications
A decade has passed since the U.S. Supreme Court held in Sorrell vs. IMS Health that a Vermont privacy law violated the First Amendment. Somewhat surprisingly, the debate about the intersection between privacy laws and free speech protections has not progressed much in the intervening years. If anything, the concerns that some privacy advocates had following Sorrell-that the First Amendment could be used as a tool to overturn privacy regulations-have extended to other areas of economic regulation. As a public interest attorney working on technology law and policy, I entered into practice not long after Sorrell was decided, when it …
Envisioning The Ftc As A Facilitator Of Blockchain Technology Adoption In The Direct-To-Consumer Genetic Testing Industry, Noah Spector
Envisioning The Ftc As A Facilitator Of Blockchain Technology Adoption In The Direct-To-Consumer Genetic Testing Industry, Noah Spector
Vanderbilt Journal of Entertainment & Technology Law
Seemingly overnight, the kingpins of the direct-to-consumer genetic testing (DTC-GT) industry shifted their focus from exploring their customers’ DNA to commodifying it. Companies like Ancestry or 23andMe that were once exclusively known as mere sources of “infotainment” now regularly sell consenting customers’ genetic data to pharmaceutical researchers or use it to develop drugs of their own. To gain these customers’ consent, both firms employ a series of long, complex clickwrap contracts that largely fail to apprise their readers of the potential risks of sharing their genetic data. Nor do these agreements provide any form of compensation to those consumers whose …
Privacy Beyond Possession: Solving The Access Conundrum In Digital Dollars, Nerenda N. Atako
Privacy Beyond Possession: Solving The Access Conundrum In Digital Dollars, Nerenda N. Atako
Vanderbilt Journal of Entertainment & Technology Law
The advent of a retail central bank digital currency (CBDC) could reshape the US payments system. A retail CBDC would be a digital representation of the US dollar in the form of an account or token that is widely accessible to the general public. It would be a third form of US fiat money that is created and issued by the Federal Reserve and complementary to physical cash. CBDC proposals have suggested a myriad of retail CBDC design models with an overwhelming interest in a retail CBDC that either implements a centralized ledger system or some form of a distributed …
Protecting Research Data Of Publicly Revealing Participants, Ellen Clayton, B. A. Malin, Kyle J. Mckibbin
Protecting Research Data Of Publicly Revealing Participants, Ellen Clayton, B. A. Malin, Kyle J. Mckibbin
Vanderbilt Law School Faculty Publications
Biomedical researchers collect large amounts of personal data about individuals, which are frequently shared with repositories and an array of users. Typically, research data holders implement measures to protect participants’ identities and unique attributes from unauthorized disclosure. These measures, however, can be less effective if people disclose their participation in a research study, which they may do for many reasons. Even so, the people who provide these data for research often understandably expect that their privacy will be protected. We discuss the particular challenges posed by self-disclosure and identify various steps that researchers should take to protect data in these …
A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel
A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel
Vanderbilt Law School Faculty Publications
Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene DNA with DNA profiles in a database in an attempt to identify a suspect or a family member of a suspect. Neither of these efforts implicates the Fourth Amendment, because the Supreme Court has held that a Fourth Amendment "search" does not occur unless police infringe "expectations of privacy society is prepared to recognize as reasonable" and has construed that phrase narrowly, without reference to …