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Full-Text Articles in Law
Surveillance Capitalism, William Hamilton
Surveillance Capitalism, William Hamilton
Journal of Technology Law & Policy
In 2019, Harvard Business School Professor Shoshana Zuboff published The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. What I hope to accomplish in this short presentation is to unpack some of the salient themes of this interesting, important book. I believe her book will lend context and urgency to this conference. Her book is a combination of excellent research, journalism, and scholarship. It is also a call, a plea, a supplication. Thus, the sub-title, The Fight for a Human Future at the New Frontier of Power, presages an unrelenting critical study …
Defending Face-Recognition Technology (And Defending Against It), Henry H. Perritt Jr.
Defending Face-Recognition Technology (And Defending Against It), Henry H. Perritt Jr.
Journal of Technology Law & Policy
This Article looks beneath the surface of attacks on face-recognition technology and explains how it can be an exceptionally useful tool for law enforcement, complementing traditional forensic evidence such as fingerprints and DNA. It punctures myths about the technology and explains how existing rules of criminal procedure, developed for other kinds of forensic evidence, are readily adaptable to face-recognition. It opposes across-the-board restrictions on use of face-recognition technologies and advocates a more sophisticated set of guarantees of defendant access to the information necessary to probe reliability of computerized face-matches. Defendants must have reasonable access to the details of the technology …
A Faustian Bargain That Undermines Research Participants’ Privacy Rights And Return Of Results, Barbara J. Evans, Susan M. Wolf
A Faustian Bargain That Undermines Research Participants’ Privacy Rights And Return Of Results, Barbara J. Evans, Susan M. Wolf
Florida Law Review
A 2018 committee report published by the highly respected National Academies of Science, Engineering, and Medicine (the Report) recommends stripping research participants of crucial data privacy rights and discarding decades of carefully deliberated consensus guidelines for the ethical return of results and data from research. This Article traces these disturbing recommendations to three root causes: (1) a statement of task that blocked careful and impartial analysis of a disputed legal matter central to the Report; (2) a piecemeal legal analysis that omitted relevant strands of law; and (3) the inappropriate conflation of two distinct concepts—the return of individual research results …
A 'Public' Journey Through Covid-19: Donald Trump, Twitter, And The Secrecy Of U.S. Presidents’ Health, Mark Fenster
A 'Public' Journey Through Covid-19: Donald Trump, Twitter, And The Secrecy Of U.S. Presidents’ Health, Mark Fenster
UF Law Faculty Publications
Donald Trump ignored numerous governance norms in his one term as U.S. President, especially those that prescribe disclosure of official and personal financial information. His brief period of illness from COVID-19, which he broadcast to the world via his Twitter account, revealed the complexity of Trump’s relationship to the concept and norms of transparency that presume information’s necessity for a functional and accountable state. At the same time that Trump offered little in the way of coherent and authoritative information about his health, he also provided an enormous amount of seemingly “inside” and direct accounts of the progress of his …