Open Access. Powered by Scholars. Published by Universities.®
- Institution
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- Selected Works (54)
- UIC School of Law (18)
- Schulich School of Law, Dalhousie University (13)
- The University of Akron (10)
- University of Richmond (9)
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- Washington and Lee University School of Law (9)
- University of Washington School of Law (7)
- Loyola University Chicago, School of Law (6)
- Roger Williams University (6)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Maurer School of Law: Indiana University (5)
- New York Law School (5)
- Pace University (5)
- Pepperdine University (5)
- Boston University School of Law (4)
- The Catholic University of America, Columbus School of Law (4)
- University at Buffalo School of Law (4)
- University of Kentucky (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Michigan Law School (4)
- William & Mary Law School (4)
- Chicago-Kent College of Law (3)
- Duke Law (3)
- Georgia State University College of Law (3)
- Loyola Marymount University and Loyola Law School (3)
- Northwestern Pritzker School of Law (3)
- Seattle University School of Law (3)
- Singapore Management University (3)
- University of Colorado Law School (3)
- University of Miami Law School (3)
- Keyword
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- Privacy (70)
- Surveillance (21)
- Fourth Amendment (15)
- Internet (12)
- Technology (10)
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- NSA (9)
- Right to privacy (9)
- First Amendment (8)
- Privacy Rights (8)
- FTC (7)
- Freedom of speech (7)
- Privacy Law (7)
- Social media (7)
- Edward Snowden (6)
- First amendment (6)
- Fourth amendment (6)
- National security (6)
- Right of privacy (6)
- Data protection (5)
- Drones (5)
- FISA (5)
- Law (5)
- National Security Agency (5)
- Big data (4)
- Cybersecurity (4)
- Cybersurveillance (4)
- Data (4)
- Data security (4)
- Electronic surveillance (4)
- Freedom of the press (4)
- Publication
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- UIC John Marshall Journal of Information Technology & Privacy Law (15)
- Faculty Scholarship (13)
- David E. Sorkin (11)
- Akron Law Review (10)
- Canadian Journal of Law and Technology (9)
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- Washington and Lee Law Review (9)
- Articles (8)
- Sandra S. Klein (8)
- Faculty Publications (6)
- Loyola University Chicago Law Journal (6)
- Touro Law Review (6)
- Richmond Journal of Law & Technology (5)
- Articles & Chapters (4)
- Articles by Maurer Faculty (4)
- Caren Myers Morrison (4)
- Catholic University Journal of Law and Technology (4)
- Kentucky Law Journal (4)
- Chicago-Kent Law Review (3)
- Faculty Publications By Year (3)
- Journal Articles (3)
- Northwestern University Law Review (3)
- Pepperdine Law Review (3)
- Publications (3)
- Rod Smolla (3)
- Seattle University Law Review (3)
- UIC Law Review (3)
- Washington Law Review (3)
- Ann M. Lousin (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Articles, Book Chapters, & Popular Press (2)
- Publication Type
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Articles 211 - 240 of 254
Full-Text Articles in Law
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 …
Book Review. Balancing Privacy And Free Speech: Unwanted Attention In The Age Of Social Media By Mark Tunick, Kimberly Mattioli
Book Review. Balancing Privacy And Free Speech: Unwanted Attention In The Age Of Social Media By Mark Tunick, Kimberly Mattioli
Articles by Maurer Faculty
No abstract provided.
State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks
State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks
Faculty Journal Articles and Book Chapters
This article reviews and assesses current state legislation regulating law enforcement use of unmanned aerial systems (UAS). The legislation runs the gamut of permissive to restrictive and even utilizes different terms for the same object of regulation, UAS. These laws are the confused and at times even contradictory extension of societal views about UAS. The article reviews the U.S. Supreme Court’s manned aircraft trilogy of cases, California v. Ciraolo, Florida v. Riley, and Dow Chemical v. U.S. and two significant technology based decisions, Kyllo v. U.S. and U.S. v. Jones, and applies them to current state efforts to regulate law …
Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …
Self-Defense Against Robots And Drones, A. Michael Froomkin, P. Zak Colangelo
Self-Defense Against Robots And Drones, A. Michael Froomkin, P. Zak Colangelo
Articles
Robots can pose-or can appear to pose-a threat to life, property, and privacy. May a landowner legally shoot down a trespassing drone? Can she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or Peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This Article addresses all those issues and one more. what rules and standards we could put into place to make the resolution of those questions easier and …
Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively
UIC Law Review
No abstract provided.
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
UIC Law Review
This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …
Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen
Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen
Articles & Chapters
No abstract provided.
Disagreeable Privacy Policies: Mismatches Between Meaning And Users’ Understanding, Joel R. Reidenberg, Travis Breaux, Lorrie F. Cranor, Brian M. French, Amanda Grannis, James T. Graves, Fei Liu, Aleecia Mcdonald, Thomas B. Norton, Rohan Ramanath, N. Cameron Russell, Norman Sadeh, Florian Schaub
Disagreeable Privacy Policies: Mismatches Between Meaning And Users’ Understanding, Joel R. Reidenberg, Travis Breaux, Lorrie F. Cranor, Brian M. French, Amanda Grannis, James T. Graves, Fei Liu, Aleecia Mcdonald, Thomas B. Norton, Rohan Ramanath, N. Cameron Russell, Norman Sadeh, Florian Schaub
Faculty Scholarship
Privacy policies are verbose, difficult to understand, take too long to read, and may be the least-read items on most websites even as users express growing concerns about information collection practices. For all their faults, though, privacy policies remain the single most important source of information for users to attempt to learn how companies collect, use, and share data. Likewise, these policies form the basis for the self-regulatory notice and choice framework that is designed and promoted as a replacement for regulation. The underlying value and legitimacy of notice and choice depends, however, on the ability of users to understand …
The Scope And Potential Of Ftc Data Protection, Woodrow Hartzog, Daniel J. Solove
The Scope And Potential Of Ftc Data Protection, Woodrow Hartzog, Daniel J. Solove
Faculty Scholarship
For more than fifteen years, the FTC has regulated privacy and data security through its authority to police deceptive and unfair trade practices as well as through powers conferred by specific statutes and international agreements. Recently, the FTC’s powers for data protection have been challenged by Wyndham Worldwide Corp. and LabMD. These recent cases raise a fundamental issue, and one that has surprisingly not been well explored: How broad are the FTC’s privacy and data security regulatory powers? How broad should they be?
In this Article, we address the issue of the scope of FTC authority in the areas of …
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Faculty Scholarship
Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.
In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …
The First Amendment And The Rpas, Caren M. Morrison
The First Amendment And The Rpas, Caren M. Morrison
Faculty Publications By Year
No abstract provided.
Without A Pilot: Navigating The Space Between The First Amendment And State And Federal Directives Affecting Drone Journalism, Leah M. Davis
Without A Pilot: Navigating The Space Between The First Amendment And State And Federal Directives Affecting Drone Journalism, Leah M. Davis
Georgia Law Review
A new player in American airspace, the drone, creates greater opportunities for news gathering. But with new opportunities, come new rules. Current legislatures, regulators and courts face the challenge of creating and enforcing a legal framework by which this new technology can be integrated into American airspace. The debate surrounding proper drone directives is influenced by competing policies of privacy, security, and First Amendment concerns. This Note surveys past and present state and federal directives on drone use, and argues for the creation of a separate set of guidelines for Press drones. Separate directives would ensure that news outlets are …
Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain
Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain
Richmond Public Interest Law Review
This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
All Faculty Scholarship
Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.
The Data Protection Credibility Crisis, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
The Data Protection Credibility Crisis, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Articles by Maurer Faculty
No abstract provided.
Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Articles by Maurer Faculty
No abstract provided.
You Didn't Even Notice! Elements Of Effective Online Privacy Policies, Amanda Grannis
You Didn't Even Notice! Elements Of Effective Online Privacy Policies, Amanda Grannis
Fordham Urban Law Journal
No abstract provided.
Internet Balkanization Gathers Pace: Is Privacy The Real Driver?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Internet Balkanization Gathers Pace: Is Privacy The Real Driver?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Articles by Maurer Faculty
No abstract provided.
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Articles
Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …
From Anonymity To Identification, A. Michael Froomkin
From Anonymity To Identification, A. Michael Froomkin
Articles
This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …
Exposure Without Redress: A Proposed Remedial Tool For The Victimns Who Were Set Aside, Elizabeth T. Isaacs
Exposure Without Redress: A Proposed Remedial Tool For The Victimns Who Were Set Aside, Elizabeth T. Isaacs
Oklahoma Law Review
No abstract provided.
That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch
That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch
Kentucky Law Journal
No abstract provided.
Data Privacy As A Civil Right: The Eu Gets It?, Raymond Shih Ray Ku
Data Privacy As A Civil Right: The Eu Gets It?, Raymond Shih Ray Ku
Kentucky Law Journal
No abstract provided.
Surveillance At The Source, David Thaw
Surveillance At The Source, David Thaw
Kentucky Law Journal
Contemporary discussions concerning surveillance focus predominantly on government activity. These discussions are important for a variety of reasons, but they generally ignore a critical aspect of the surveillance--harm calculus--the source from which government entities derive the information they use. The source of surveillance data is the information "gathering" activity itself which is where harms like "chilling" of speech and behavior begin.
Unlike the days where satellite imaging, communications intercepts, and other forms of information gathering were limited to advanced law enforcement, military, and intelligence activities, private corporations now play a dominant role in the collection of information about individuals' activities. …
Privacy And Health Information: The United States And The European Union, Leslie Francis
Privacy And Health Information: The United States And The European Union, Leslie Francis
Kentucky Law Journal
No abstract provided.
The Social Origins Of The Personality Torts, Samantha Barbas
The Social Origins Of The Personality Torts, Samantha Barbas
Journal Articles
No abstract provided.
Amplifying Abuse: The Fusion Of Cyberharassment And Discrimination, Ari Ezra Waldman
Amplifying Abuse: The Fusion Of Cyberharassment And Discrimination, Ari Ezra Waldman
Articles & Chapters
Cyberharassment devastates its victims. Anxiety, panic attacks, and fear are common effects; post-traumatic stress disorder, anorexia and bulimia, and clinical depression are common diagnoses. Targets of online hate and abuse have gone into hiding, changed schools, and quit jobs to prevent further abuse. Some lives are devastated in adolescence and are never able to recover. Some lives come to tragic, premature ends. Danielle Keats Citron not only teases out these effects in her masterful work, Hate Crimes in Cyberspace; she also makes the profound conclusion that these personal effects are part of a larger social cancer that breeds sexism, subjugation, …
Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian
Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian
Loyola of Los Angeles Law Review
No abstract provided.
The Dawn Of Social Intelligence (Socint), Laura K. Donohue
The Dawn Of Social Intelligence (Socint), Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
More information about citizens’ lives is recorded than ever before. Because the data is digitized, it can be accessed, analyzed, shared, and combined with other information to generate new knowledge. In a post-9/11 environment, the legal standards impeding access to such data have fallen. Simultaneously, the advent of global communications and cloud computing, along with network convergence, have expanded the scope of information available. The U.S. government has begun to collect and to analyze the associated data.
The result is the emergence of what can be termed “social intelligence” (SOCINT), which this Article defines as the collection of digital data …