Law Commons^™

How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow

Chris Jay Hoofnagle

Media reports teem with stories of young people posting salacious photos online, writing about alcohol-fueled misdeeds on social networking sites, and publicizing other ill-considered escapades that may haunt them in the future. These anecdotes are interpreted as representing a generation-wide shift in attitude toward information privacy. Many commentators therefore claim that young people “are less concerned with maintaining privacy than older people are.” Surprisingly, though, few empirical investigations have explored the privacy attitudes of young adults. This report is among the first quantitative studies evaluating young adults’ attitudes. It demonstrates that the picture is more nuanced than portrayed in the …

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Teresa A. Miller

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Teresa A. Miller

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches. The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas

Samantha Barbas

The American press, it’s been said, is freer to invade personal privacy than perhaps any other in the world. The tort law of privacy, as a shield against unwanted media exposure of private life, is very weak. The usual reason given for the weakness of U.S. privacy law as a bar on the publication of private information is the strong tradition of First Amendment freedom. But “freedom of the press” alone cannot explain why liberty to publish has been interpreted as a right to print truly intimate matters or to thrust people into the spotlight against their will. Especially in …

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

Lori B. Andrews

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au

Lorrie F Cranor

We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Developing And Testing A Surveillance Impact Assessment Methodology, David Wright, Michael Friedewald, Raphael Gellert

Michael Friedewald

With the increasing pervasiveness of surveillance, from big companies such as Google and Facebook, as well as from the intelligence agencies, such as the US National Security Agency (NSA) and the UK Government Communications Headquarters (GCHQ), there is a clear need for a surveillance impact assessment (SIA), a method that addresses not only issues of privacy and data protection, but also ethical, social, economic, and political issues.

The SAPIENT project, funded by the European Commission, and undertaken by a consortium of partners from several European countries, aimed to develop an SIA methodology, based on stake- holder needs and a set …

The Unc Law Library's Redaction Of Its Digitized Collection Of North Carolina Supreme Court Briefs: A Case Study, Nicole Downing

AALL/LexisNexis Call for Papers

This study evaluates the digital redaction process as undertaken by the University of North Carolina Kathrine R. Everett Law Library as part of digitizing their collection of North Carolina Supreme Court briefs. New privacy concerns are raised by digitizing court documents and making them available online. Libraries have an interest in digitizing their print collections of court documents for public access on the Internet, but have received no clear guidance on how to proceed in the face of legal concerns. The purpose of this research is to inform libraries of the legal, ethical, and practical situation surrounding redaction of digitized …

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Akiva A Miller

New information technologies have dramatically increased sellers’ ability to engage in retail price discrimination. Debates over using personal information for price discrimination frequently treat it as a single problem, and are not sufficiently sensitive to the variety of price discrimination practices, the different kinds of information they require in order to succeed, and the different ethical concerns they raise. This paper explores the ethical and legal debate over regulating price discrimination facilitated by consumers’ personal information. Various kinds of “privacy remedies”—self-regulation, technological fixes, state regulation, and legislating private causes of legal action—each have their place. By drawing distinctions between various …

Social Implications Of Wearable Computing And Augmediated Reality In Every Day Life (Ieee Symposium On Technology And Society, Istas13), Katina Michael

Associate Professor Katina Michael

It was in July 2012 that Steve Mann and I corresponded on the possibility of hosting a conference on wearable computing in Toronto, Canada. Steve had just returned home from a family holiday to France and publicly blogged about an unfortunate incident that had happened to him while away. On 17th July 2012 he posted: “Physical assault by McDonald’s for wearing Digital Eye Glass”. We both knew the timing was right for such an event that was not just a technical engineering or applied orientation on the theme of smart worlds, but an event that would grapple with the dichotomies …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Angela Goodrum

No abstract provided.

Location And Tracking Of Mobile Devices: Überveillance Stalks The Streets, Katina Michael, Roger Clarke

Professor Katina Michael

During the last decade, location-tracking and monitoring applications have proliferated, in mobile cellular and wireless data networks, and through self-reporting by applications running in smartphones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smartphone-user's location not merely to a cell, but to a small area within it. Innovators have been quick to capitalise on these location-based technologies for commercial purposes, and have gained access to a great deal of sensitive personal data in the process. In addition, law enforcement utilise these technologies, can do so inexpensively and hence can track many …

Towards A Conceptual Model Of User Acceptance Of Location-Based Emergency Services, Anas Aloudat, Katina Michael

Professor Katina Michael

This paper investigates the introduction of location-based services by government as part of an all-hazards approach to modern emergency management solutions. Its main contribution is in exploring the determinants of an individual’s acceptance or rejection of location services. The authors put forward a conceptual model to better predict why an individual would accept or reject such services, especially with respect to emergencies. While it may be posited by government agencies that individuals would unanimously wish to accept life-saving and life-sustaining location services for their well-being, this view remains untested. The theorised determinants include: visibility of the service solution, perceived service …

Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael

Associate Professor Katina Michael

The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …

Glogging Your Every Move, Lisa Wachsmuth, Katina Michael

Professor Katina Michael

"It is one thing to lug technologies around, another thing to wear them, and even more intrusive to bear them... But that's the direction in which we're headed."

"I think we're entering an era of person-view systems which will show things on ground level and will be increasingly relayed to others via social media.

"We've got people wearing recording devices on their fingers, in their caps or sunglasses - there are huge legal and ethical implications here."

Social Implications Of Technology: Past, Present, And Future, Karl D. Stephan, Katina Michael, M.G. Michael, Laura Jacob, Emily Anesta

Professor Katina Michael

The social implications of a wide variety of technologies are the subject matter of the IEEE Society on Social Implications of Technology (SSIT). This paper reviews the SSIT’s contributions since the Society’s founding in 1982, and surveys the outlook for certain key technologies that may have significant social impacts in the future. Military and security technologies, always of significant interest to SSIT, may become more autonomous with less human intervention, and this may have both good and bad consequences. We examine some current trends such as mobile, wearable, and pervasive computing, and find both dangers and opportunities in these trends. …

Book Review: Securing The Cloud: Cloud Computer Security Techniques And Tactics, Katina Michael

Associate Professor Katina Michael

With so much buzz around Cloud Computing, books like this one written by Winkler are much in demand. Winkler’s experience in the computing business shines through and as readers we are spoiled with a great deal of useful strategic information- a jam packed almost 300 page volume on securing the cloud.

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …

Context Is Everything: Sociality And Privacy In Online Social Network Sites, Ronald Leenes

Ronald Leenes

Social Network Sites (SNSs) pose many privacy issues. Apart from the fact that privacy in an online social network site may sound like an oxymo- ron, significant privacy issues are caused by the way social structures are currently handled in SNSs. Conceptually different social groups are generally conflated into the singular notion of ‘friend’. This chapter argues that attention should be paid to the social dynamics of SNSs and the way people handle social contexts. It shows that SNS technology can be designed to support audience segregation, which should mitigate at least some of the privacy issues in Social Network …

Research In The Biotech Age: Can Informational Privacy Compete?, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper examines the privacy of personal medical information in the health research context. Arguing that biomedical research in Canada has been caught up in the government’s broader neo-liberal policy agenda that has positioned biotechnology as a strategic driver of economic growth, the author discusses the tension between informational privacy and the need for medical information for research purposes. Consideration is given to the debate about whether privacy for medical information serves or hinders the ‘public good’ in respect of medical research, and to discussions of informed consent as an element of ‘fair information practices’ designed to safeguard the privacy …

Personal Health Information In Canada: A Comparison Of Citizen Expectations And Legislation, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper explores whether the Canadian legislative protections in place to safeguard medical privacy meet the expectations of Canadians. An overview of current governance systems designed to protect the privacy of personal health information at both the federal and provincial levels is first presented. This is followed by an empirical analysis of the results of a public opinion survey conducted to determine Canadian attitudes about medical privacy, particularly genetic privacy. The analysis highlights areas where legislation and public opinion converge and diverge.

Personal Medical Information: Privacy Or Personal Data Protection? A Theoretical Approach To Understanding The Canadian Environment, Wilhelm Peekhaus

Wilhelm Peekhaus

No abstract provided.

Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey

Sam Grey

While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …

Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner

Laura Quilter

No abstract provided.