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The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory V. Loo
The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory V. Loo
Vanderbilt Law Review
An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history-large platforms such as Amazon, Facebook, and Google-have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by the privacy problems of excess collection from individuals, not businesses. There has been little sustained attention to the problem of insufficient information collection from businesses. This Article articulates the administrative state's normative framework for monitoring businesses and shows how that framework is increasingly in tension with privacy concerns. One emerging complication is …
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Vanderbilt Journal of Entertainment & Technology Law
An increasing number of school districts work with private companies to monitor public social media and to notify administrators of alarming student information. Although these services help address challenging school safety issues, the Family Educational Rights and Privacy Act (FERPA) and state law offer little guidance on how districts should store student social media data. This Note encourages states to pass student records laws similar to recent California legislation and urges the Department of Education to clarify the relationship between student social media and education records under FERPA. New state and federal initiatives would help ensure that third parties may …