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Full-Text Articles in Law
Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short
Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short
Northern Illinois Law Review Supplement
This article discusses the current case law and statutory law related to the privacy of information collected by third parties. At times, we see the private sector and law enforcement working together to solve crimes. However, that may not always be a good thing. This article offers a solution to these problems of uncertainty by suggesting a uniform code to regulate the private sector, or, in the alternative, a change to the Fourth Amendment that encompasses a more modern interpretation of the information that law enforcement should have access to.
Real Harm In A Virtual World: Establishing Federal Standing In The Seventh Circuit Under Illinois’S Biometric Information Privacy Act, Julia Lobo
Northern Illinois University Law Review
Illinois became the first state to regulate the collection and use of biometric information by private entities when it enacted the Biometric Information Privacy Act in 2008. In the years since, more and more businesses have begun to collect biometric information from their employees and customers. As lawmakers in other states and in Congress look to enact legislation to protect biometric privacy rights, their drafting choices may be informed by three recent Seventh Circuit decisions analyzing when a plaintiff alleging a violation of the Biometric Information Privacy Act has, or has not, established Article III standing as required to proceed …
Secret Surveillance Scores: Pay No Attention To What's Behind The Curtain, Allison Piper Geber
Secret Surveillance Scores: Pay No Attention To What's Behind The Curtain, Allison Piper Geber
Northern Illinois University Law Review
This Comment discusses the potential and actual misuse of consumers' secret surveillance scores in e-commerce, employment, and housing situations, as evidenced in a 2019 FTC complaint. The calculation and use of these secret surveillance scores are currently unregulated. The Comment presents two main arguments: First, secret surveillance scores are equivalent to credit scores used in the financial credit reporting industry and should thus undergo similar regulation. Second, the collection of consumer data points to calculate secret surveillance scores highlights the need for broad, nationwide consumer digital data privacy legislation. The collection and use of secret surveillance scores are akin to …
Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser
Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser
Northern Illinois Law Review Supplement
The widespread use of body-worn cameras among police departments across the nation is not only the next logical step in law enforcement, but in the wake of the confrontation in Ferguson, Missouri between Michael Brown and Darren Wilson, it is also crucial to ensuring the safety of both civilians and officers alike. This article discusses the numerous advantages to body-worn technology and the positive results that have been demonstrated by precincts already utilizing the equipment; as well as dispels several counter arguments, namely that body-worn cameras are a violation of privacy.
Vol. 6 No. 2, Spring 2015; Homeless Bill Of Rights: How Legislators Get To Feel Pro-Homeless Without Effort Or Money, Hailey Rehberg
Vol. 6 No. 2, Spring 2015; Homeless Bill Of Rights: How Legislators Get To Feel Pro-Homeless Without Effort Or Money, Hailey Rehberg
Northern Illinois Law Review Supplement
In 2013, Illinois became the second state in the nation to enact a homeless bill of rights to protect homeless persons from discrimination in the right to use and move freely in public spaces in the same manner as any other person, the right to equal treatment by State and municipal agencies, the right not to register to vote and to vote, the right to have personal information protected, and the right to have a reasonable expectation of privacy in his or her personal property. Though legislation to protect the rights of homeless people is necessary, the Illinois Homeless Bill …
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
Northern Illinois University Law Review
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Northern Illinois University Law Review
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well …
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Northern Illinois University Law Review
In the days when police brutality and public official corruption pump through the veins of society as a fermenting virus, a critical analysis of a controversial law curtailing efforts to intensify public awareness of government official transgressions is undertaken. In the great State of Illinois, legislative amendments to the Illinois Eavesdropping Act have established a moratorium on the audio recording, without prior consent, of any judge, state's attorney or law enforcement officer while in the performance of his or her official duties, regardless of whether or not the public official(s) had any objective, justifiable or reasonable expectation of privacy when …
Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt
Northern Illinois Law Review Supplement
This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur
Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur
Northern Illinois University Law Review
275 This article reviews the medical nature of AIDS and the effect AIDS has on the changing legal climate in the United States regarding privacy and confidentiality. The author details the uniqueness of AIDS and the problems and responses of the Federal Bureau of Prisons to this late 20th Century epidemic.
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Northern Illinois University Law Review
A preliminary examination of the extent to which the fourth amendment protects the privacy of interpersonal relationships and of information or property that one person has shared with another, focusing particularly on the need for subjecting the informant system to additional judicial control.