Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Schulich School of Law, Dalhousie University (12)
- Selected Works (12)
- Fordham Law School (11)
- Seattle University School of Law (11)
- Maurer School of Law: Indiana University (10)
-
- Boston University School of Law (9)
- Brooklyn Law School (9)
- The Catholic University of America, Columbus School of Law (7)
- University of Michigan Law School (7)
- Vanderbilt University Law School (7)
- American University Washington College of Law (6)
- Notre Dame Law School (6)
- Southern Methodist University (6)
- University of Washington School of Law (6)
- Osgoode Hall Law School of York University (5)
- St. John's University School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Cleveland State University (4)
- University of Colorado Law School (4)
- University of Miami Law School (4)
- University of Minnesota Law School (4)
- William & Mary Law School (4)
- Duke Law (3)
- Georgetown University Law Center (3)
- New York Law School (3)
- Roger Williams University (3)
- Texas A&M University School of Law (3)
- UIC School of Law (3)
- University at Buffalo School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- Keyword
-
- Privacy (59)
- Surveillance (12)
- Technology (12)
- Data (11)
- Fourth Amendment (10)
-
- GDPR (9)
- Data privacy (8)
- First Amendment (8)
- Data protection (7)
- Big data (6)
- Facebook (6)
- Internet (6)
- Social media (6)
- Compliance (5)
- Consent (5)
- FTC (5)
- Regulation (5)
- Searches (5)
- Business (4)
- EU (4)
- European Union (4)
- Federal Trade Commission (4)
- General Data Protection Regulation (4)
- Google (4)
- Personal information (4)
- Privacy law (4)
- Sexual privacy (4)
- Warrants (4)
- Apple (3)
- BIPA (3)
- Publication
-
- Faculty Scholarship (15)
- Seattle University Law Review (11)
- Canadian Journal of Law and Technology (8)
- Fordham Intellectual Property, Media and Entertainment Law Journal (7)
- Catholic University Journal of Law and Technology (6)
-
- Indiana Law Journal (6)
- Osgoode Hall Law Journal (5)
- Articles (4)
- Faculty Publications (4)
- Fordham Law Review (4)
- Minnesota Journal of Law, Science & Technology (4)
- Notre Dame Law Review (4)
- Scholarly Works (4)
- Vanderbilt Journal of Entertainment & Technology Law (4)
- Articles & Chapters (3)
- Articles by Maurer Faculty (3)
- Articles, Book Chapters, & Popular Press (3)
- Brooklyn Journal of International Law (3)
- Buffalo Law Review (3)
- Cleveland State Law Review (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Journal of Air Law and Commerce (3)
- Journal of Law and Policy (3)
- Library Philosophy and Practice (e-journal) (3)
- Publications (3)
- SMU Law Review (3)
- UIC John Marshall Journal of Information Technology & Privacy Law (3)
- University of Miami Law Review (3)
- Washington Journal of Law, Technology & Arts (3)
- American University Law Review (2)
- Publication Type
Articles 1 - 30 of 224
Full-Text Articles in Law
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox
“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox
Brooklyn Law Review
Recent news articles discuss the flooding of email inboxes with lengthy terms and condition updates, viral videos of Mark Zuckerberg’s public Cambridge Analytica hearing before Congress, and the phenomenon of internet advertisements appearing for items that consumers merely searched for on Google a day prior. Effective as of May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) established a framework that sets legal standards targeted at businesses and other data collectors to dramatically increase data privacy protections for citizens of the EU. Consumers, however, do not seem to appreciate these increased protections, as they rarely read the updated …
Smart Factories, Dumb Policy? Managing Cybersecurity And Data Privacy Risks In The Industrial Internet Of Things, Scott J. Shackelford
Smart Factories, Dumb Policy? Managing Cybersecurity And Data Privacy Risks In The Industrial Internet Of Things, Scott J. Shackelford
Minnesota Journal of Law, Science & Technology
No abstract provided.
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Washington Journal of Law, Technology & Arts
Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment? Can—or …
Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney
Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney
Loyola of Los Angeles Entertainment Law Review
Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?
Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …
Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino
Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino
Notre Dame Law Review
This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Journal of Law and Policy
As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
Journal of Law and Policy
When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …
Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz
Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz
Buffalo Law Review
No abstract provided.
Developing A Privacy Code Of Practice For Connected And Automated Vehicles, Rajen Akula
Developing A Privacy Code Of Practice For Connected And Automated Vehicles, Rajen Akula
Canadian Journal of Law and Technology
Connected and autonomous vehicles (‘‘CAVs”) can collect, store, process and transmit vast amounts of data. Understanding the use (and potential misuse) of this data, particularly when that data is about an identifiable individual within the meaning of data protection law, is regarded critical to the success of this new mode of transportation. However, what constitutes personal information in relation to coneccted and automated vehicle data on a case-by-case basic. This presents a policy challenge for the government and creates uncertainty for businesses wishing to make use of this data.
Ethical Hacking By Alana Maurushat, Laura Ellyson
Ethical Hacking By Alana Maurushat, Laura Ellyson
Canadian Journal of Law and Technology
Book Review of Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019).
Privacy Law Issues In Public Blockchains: An Analysis Of Blockchain, Pipeda, The Gdpr, And Proposals For Compliance, Noah Walters
Privacy Law Issues In Public Blockchains: An Analysis Of Blockchain, Pipeda, The Gdpr, And Proposals For Compliance, Noah Walters
Canadian Journal of Law and Technology
Proponents of blockchain proclaim that the technology’s greatest innovation is trust. Blockchain create trust by serving as an indispensable ledger (a central point of truth), for all stakeholders to a transaction. Instead of companies managing and reconciling records of the same transaction in privately held databases, both sides of a transaction are recorded simultaneously on a shared ledger — the blockchain. As a result, the crypto economic environment is characterized by the decentralized coordination of business processes and transactions. Proponents of crypto-economics regard decentralized coordination as an opportunity for new forms of economic innovation, forms designed to increase value for …
Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin
Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin
Georgia State University Law Review
The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires …
Deep Fakes: A Looming Challenge For Privacy, Democracy, And National Security, Danielle K. Citron, Robert Chesney
Deep Fakes: A Looming Challenge For Privacy, Democracy, And National Security, Danielle K. Citron, Robert Chesney
Faculty Scholarship
Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability makes it possible to create audio and video of real people saying and doing things they never said or did. Machine learning techniques are escalating the technology’s sophistication, making deep fakes ever more realistic and increasingly resistant to detection. Deep-fake technology has characteristics that enable rapid and widespread diffusion, putting it into the hands of both sophisticated and unsophisticated actors. While deep-fake technology will bring with it certain benefits, it also will introduce many harms. The marketplace …
Between You, Me, And Alexa: On The Legality Of Virtual Assistant Devices In Two-Party Consent States, Ria Kuruvilla
Between You, Me, And Alexa: On The Legality Of Virtual Assistant Devices In Two-Party Consent States, Ria Kuruvilla
Washington Law Review
When an Amazon Echo is activated, the device is constantly recording and sending those recordings to Amazon’s cloud. For an always recording device such as the Echo, getting consent from every person subject to a recording proves difficult. An Echo-owner consents to the recordings when they purchase and register the device, but when does a guest in an Echo-owner’s home consent to being recorded? This Comment uses Amazon’s Echo and Washington’s privacy statute to illustrate the tension between speech-activated devices and two-party consent laws—which require that all parties subject to a recording consent to being recorded. This Comment argues that …
Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden
Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Smile, You're On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer
Smile, You're On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer
Student Scholarship
Part II of this Article will first explain the purpose of wiretap (or recording) laws. It will then track the development of wiretap laws at the federal and state levels and illustrate several important distinctions. Part III will discuss the evolution of the Fourth Amendment in the United States. It will also examine how the Fourth Amendment and wiretap laws work together and how they apply to teachers. Part IV will look at the inadequacy of current legal remedies available to teachers who are surreptitiously recorded. It will then set forth possible district and classroom policies to help prevent recordings. …
Privacy As Pretext, Susan Hazeldean
Privacy As Pretext, Susan Hazeldean
Cornell Law Review
The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose LGBT rights is the claim that antidiscrimination protections for LGBT people undermine privacy because they permit transgender people to use facilities that accord with their gender identity. This Article uses legal privacy theory to show that allowing transgender people into gendered facilities does not undermine …
Contracting For Fourth Amendment Privacy Online, Wayne A. Logan, Jake Linford
Contracting For Fourth Amendment Privacy Online, Wayne A. Logan, Jake Linford
Scholarly Publications
No abstract provided.
Data Scams, Roger Allan Ford
Data Scams, Roger Allan Ford
Law Faculty Scholarship
Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …
المسؤولیة المدنیة للمشغل النووي وفقا للمرسوم بقانون اتحادي رقم ( 4) لسنة 2012 في شأن المسؤولیة المدنیة عن الأضرار النوویة واتفاقیة فیینا لعام 1997بشأن المسؤولیة المدنیة عن الأضرار النوویة, إسماعیل إبراھیم صقر الحوسني
المسؤولیة المدنیة للمشغل النووي وفقا للمرسوم بقانون اتحادي رقم ( 4) لسنة 2012 في شأن المسؤولیة المدنیة عن الأضرار النوویة واتفاقیة فیینا لعام 1997بشأن المسؤولیة المدنیة عن الأضرار النوویة, إسماعیل إبراھیم صقر الحوسني
Private Law Theses
نظرا لمدى الأثار الجسيمة المترتبة على أضرار الحادث النووي من حیث الفداحة واتسا ع وسرعة انتشارها واتسامها بطابع الخفية، وتراخي نتائجھا الى المستقبل وما ينتج عن هذه الأارمن آثار سلبیة قد ترتقي الى درجة المأساویة، الأمر الذي وضع المشرع الإماراتي من أجلھ نظام قانوني مستحدث واستثنائى للمسؤوليةالمدنية عن الأضرار النووية يعتمد على المسؤولیة الموضوعیة كأساس للتعویض.
لذلك ھدفت ھذه الدراسة للتعريف على ماهية الفعل الضار للمشغل النووي وأحكام القانون المنظم لھذه المسؤولیة وھي المرسوم بقانون اتحادي رقم 4 لسنة 2012 بشأن المسؤولیة المدنیة عن الآضرار النووية والأساسيات التي وضعها الفقه والقانون في سبيل تقدير الخطأ النووي ومدى استحقاقھ للتعویض ومقدار …
Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer
Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer
Brigham Young University Education and Law Journal
No abstract provided.
Efficient Privacy-Aware Imagery Data Analysis, Yifan Tian
Efficient Privacy-Aware Imagery Data Analysis, Yifan Tian
Doctoral Dissertations and Master's Theses
The widespread use of smartphones and camera-coupled Internet of Thing (IoT) devices triggers an explosive growth of imagery data. To extract and process the rich contents contained in imagery data, various image analysis techniques have been investigated and applied to a spectrum of application scenarios. In recent years, breakthroughs in deep learning have powered a new revolution for image analysis in terms of effectiveness with high resource consumption. Given the fact that most smartphones and IoT devices have limited computational capability and battery life, they are not ready for the processing of computational intensive analytics over imagery data collected by …
Why Sexual Privacy Matters For Trust, Danielle K. Citron
Why Sexual Privacy Matters For Trust, Danielle K. Citron
Faculty Scholarship
Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes. They spent hours on the phone. Today, they text their innermost thoughts, beliefs, and wishes, sometimes with nude photos attached. They engage in sexually-explicit activity via FaceTime and SnapChat.
Now, as then, the success and integrity of intimate relationships depends upon sexual privacy. Intimate relationships develop as partners grow to trust one another to treat their nakedness, deepest secrets, and sexual desires as they hope rather than as they fear. Handling partners’ personal information with discretion lays the foundation for …
The Skeleton In The Hard Drive: Encryption And The Fifth Amendment, David W. Opderbeck
The Skeleton In The Hard Drive: Encryption And The Fifth Amendment, David W. Opderbeck
Florida Law Review
In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decision-making in this area. This Article closely examines the Teva opinion and situates it within modern claim construction jurisprudence. The thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction, but that for unexpected reasons the case is far …
It's Nothing Personal: Why Existing State Laws On Point-Of-Sale Consumer Data Collection Should Be Replaced With A Federal Standard, Kate Mirino
St. John's Law Review
(Excerpt)
Accordingly, this Note proposes a contemporary-minded federal solution to preempt and standardize the various, outmoded state approaches in this field. Part I engages in a historical overview of the development of information privacy law in the United States. Part II provides a summary and comparison of the existing state rules at play. Part III discusses the negative consequences—both to consumers and to businesses—of inconsistent regulation in this area, and explains why a federal solution is necessary. Part IV outlines the parameters of the federal regulation proposed by this Note.
Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina
Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina
Centre for AI & Data Governance
Data has taken immense importance in the last years. Consider the amount of data that is being collected worldwide every day, industries are reshaping their activities into a data-driven business. The digital transformation of all industries, portent of the fourth industrial revolution, is creating a new kind of economy based on the datafication of almost any aspect of human social, political and economic activity as a result of the information generated by the numerous daily routines of digitally connected individuals and technology. The financial services industry is part of this trend. Embracing the digital revolution and creating the right foundations …
Boilerplate Indignity, Erik Encarnacion
Boilerplate Indignity, Erik Encarnacion
Indiana Law Journal
Commentators have long tried to sound the alarm about boilerplate contracts, pointing out threats ranging from the loss of privacy rights to the erosion of public law and democratic self-governance. This Article argues that this list of concerns misses something important: that imposing certain boilerplate terms on individuals is incompatible with their dignity. After explaining and defending the conception of dignity presupposed here, this Article shows how boilerplate accountability waivers—like arbitration clauses—prevent people from accessing the distinctive dignity-vindicating role of courts and degrade their status as legal persons. And because governments may legitimately protect dignity interests, proposed reforms like the …
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
Indiana Law Journal
Under current law, injured workers face a Hobson’s choice: They may file for workers’ compensation or maintain their medical privacy. The reason for this is that § 164.512(l) of the Health Insurance Portability and Accountability Act’s Privacy Rule (HPR) is widely misinterpreted by courts and legislatures as a wholesale waiver of privacy protections for injured workers. Section 164.512(l) excludes workers’ compensation from federal privacy protections that may frustrate the efficient administration of workers’ compensation claims. As the history and intent behind the HPR indicate, § 164.512(l) is premised on the assumption that states will protect workers’ privacy by creating and …