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Full-Text Articles in Law

Beyond Irbs: Ethical Guidelines For Data Research, Omer Tene, Jules Polonetsky Jun 2016

Beyond Irbs: Ethical Guidelines For Data Research, Omer Tene, Jules Polonetsky

Washington and Lee Law Review Online

No abstract provided.


Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison, Arthur R. Vorbrodt Jun 2016

Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison, Arthur R. Vorbrodt

Washington and Lee Law Review Online

No abstract provided.


Big Data Sustainability: An Environmental Management Systems Analogy, Dennis D. Hirsch, Jonathan H. King Mar 2016

Big Data Sustainability: An Environmental Management Systems Analogy, Dennis D. Hirsch, Jonathan H. King

Washington and Lee Law Review Online

Today, organizations globally wrestle with how to extract valuable insights from diverse data sets without invading privacy, causing discrimination, harming their brand, or otherwise undermining the sustainability of their big data projects. Leaders in these organizations are thus asking: What management approach should businesses employ sustainably to achieve the tremendous benefits of big data analytics, while minimizing the potential negative externalities?

This Paper argues that leaders can learn from environmental management practices developed to manage the negative externalities of the industrial revolution. First, it shows that, along with its many benefits, big data can create negative externalities that are structurally …


Elements Of A New Ethical Framework For Big Data Research, Effy Vayena, Urs Gasser, Alexandra Wood, David R. O'Brien, Micah Altman Mar 2016

Elements Of A New Ethical Framework For Big Data Research, Effy Vayena, Urs Gasser, Alexandra Wood, David R. O'Brien, Micah Altman

Washington and Lee Law Review Online

Emerging large-scale data sources hold tremendous potential for new scientific research into human biology, behaviors, and relationships. At the same time, big data research presents privacy and ethical challenges that the current regulatory framework is ill-suited to address. In light of the immense value of large-scale research data, the central question moving forward is not whether such data should be made available for research, but rather how the benefits can be captured in a way that respects fundamental principles of ethics and privacy.

In response, this Essay outlines elements of a new ethical framework for big data research. It argues …