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Full-Text Articles in Law
Voluntary Disclosure Of Hiv/Aids Status By A Public Health Official To Law Enforcement Agents: The Shortcomings Of South Dakota's Law Section 34-22-12.1(6) And Traditional Public Health Measures, Daniel C. Moon
Daniel C Moon
Section 34-22-12.1(6) of South Dakota’s Codified Laws grants the Secretary of the Health Department to disclose private medical information regarding an individual’s HIV/AIDS status if he or she thinks that that individual is engaged in intentionally infecting another person with HIV/AIDS. This law is problematic because it does not (1) adequately protect an individual’s privacy, and (2) achieve its public health goals. From the privacy aspect, it provides less protection to information regarding an individual’s HIV/AIDS status from three aspects: (1) less protection than the same information possessed by covered entities under the Health Insurance Portability and Accountability Act (“HIPAA”), …
Manipulating Andhiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams
Manipulating Andhiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams
Jack F. Williams
The global war on terror (“GWOT”) is being fought on many levels. In addition to traditional terror and counterterror activity, both sides are engaged in a public relations and propaganda war, employing the media, willingly and unwillingly, to support their positions. Hovering over these war campaigns are information technologies, which include the Internet. This article provides an introduction to various online content concealing practices that have been employed by those seeking to conceal or limit access to information on the Internet, including terrorist organizations. Further, there is a discussion on tracking and monitoring of website visitors. After reviewing open source …
Throwing It All Away: Community, Data Privacy And The False Choices Of Web 2.0, Eli Edwards
Throwing It All Away: Community, Data Privacy And The False Choices Of Web 2.0, Eli Edwards
Eli Edwards
Online privacy has long been a challenge, but the rise of Web 2.0 technologies has made it easier for more people to share personal information about themselves. There is a particular concern that young people who have grown accustomed to baring their private information in the public Internet sphere are especially vulnerable to potential harms now and in the near future. There is even a recurrent meme that posits people today, especially young people immersed in the digital culture, no longer value the right to privacy; the assumption is that between the equal values of community and privacy, Web 2.0 …
Orwell Was An Optimist: The Evolution Of Privacy In The United States And Its De-Evolution For American Employees, Robert Sprague
Orwell Was An Optimist: The Evolution Of Privacy In The United States And Its De-Evolution For American Employees, Robert Sprague
Robert Sprague
This Article argues that the difficulties associated with understanding and applying rights to privacy in modern America, and its near extinction, particularly for employees, are a direct result of the conceptual approach used to determine whether a legal right to privacy exists. This approach was formally adopted in the latter part of the twentieth century and it makes privacy protection dependent upon any given situation, determined by whether there is a reasonable expectation of privacy for that given situation. This makes the current right to privacy in the United States contextual, fluid, and easily subject to elimination. One of the …
International E-Discovery: Navigating The Maze, Erica M. Davila
International E-Discovery: Navigating The Maze, Erica M. Davila
Erica M Davila
Globalization and the growing mountain of Electronically Stored Information (“ESI”) will inevitably lead to an increase in discovery requests for ESI located abroad. But no consistent methodology exists for United States courts to evaluate whether discovery of ESI abroad is appropriate, and if so, the consequences for not complying with a discovery order. As international commerce depends on “the ability of merchants to predict the likely consequences of their conduct in overseas markets,” United States courts need to apply a consistent standard to decisions involving the discovery of international ESI. This paper reviews existing law related to international discovery and …
What Is The Nature Of The Patient's Consent In The Processing Of Medical Data In European Law?, Jean Herveg
What Is The Nature Of The Patient's Consent In The Processing Of Medical Data In European Law?, Jean Herveg
Jean HERVEG
No abstract provided.
Freedom Of Association In A Networked World: First Amendment Regulation Of Relational Surveillance, Katherine J. Strandburg
Freedom Of Association In A Networked World: First Amendment Regulation Of Relational Surveillance, Katherine J. Strandburg
Katherine J. Strandburg
Recent controversies about the National Security Agency's warrantless wiretapping of international calls have somewhat overshadowed equally disturbing allegations that the government has acquired access to a huge database of domestic call traffic data, revealing information about times, dates, and numbers called. While communication content traditionally has been the primary focus of concern about overreaching government surveillance, law enforcement officials are increasingly interested in using sophisticated computer analysis of non-content traffic data to "map" networks of associations. This increased focus on uncovering networks of association comes at precisely the time when new digital technologies are beginning to facilitate import new forms …