Law Commons^™

Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon

Fordham Intellectual Property, Media and Entertainment Law Journal

Video game platforms and business models are increasingly built on collection, use, and sharing of personal information for purposes of both functionality and revenue. This paper examines privacy issues and explores data practices, technical specifications, and policy statements of the most popular games and gaming platforms to provide an overview of the current privacy legal landscape for mobile gaming, console gaming, and virtual reality devices. The research observes how modern gaming aligns with information privacy notions and norms and how data practices and technologies specific to gaming may affect users and, in particular, child gamers.

After objectively selecting and analyzing …

Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera

Fordham Intellectual Property, Media and Entertainment Law Journal

As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security …

The Future Of Facial Recognition Is Not Fully Known: Developing Privacy And Security Regulatory Mechanisms For Facial Recognition In The Retail Sector, Elias Wright

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, advances in facial recognition technology have resulted in a rapid expansion in the prevalence of private sector biometric technologies. Facial recognition, while providing new potentials for safety and security and personalized marketing by retailers implicates complicated questions about the nature of consumer privacy and surveillance where a “collection imperative” incentivize corporate actors to accumulate increasingly massive reservoirs of consumer data. However, the law has not yet fully developed to address the unique risks to consumers through the use of this technology. This Note examines existing regulatory mechanisms, finding that consumer sensitivities and the opaque nature of the …

The Non-Contractual Nature Of Privacy Policies And A New Critique Of The Notice And Choice Privacy Protection Model, Thomas B. Norton

Fordham Intellectual Property, Media and Entertainment Law Journal

Notice and Choice is the model for protecting privacy online in the United States. Under the model, users of online services are given notice about services information and privacy practices in the form of privacy policies. Based on this information, users can choose whether to use particular online services and whether to exercise any options for protecting their privacy that the services might offer. In theory, Notice and Choice seems like a sound regulatory mechanism. Indeed, state and federal regulatory agencies prefer the model as a basis for privacy enforcement action. But Notice and Choice faces harsh criticism from privacy …

Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines legal challenges confronting journalists who use drones to gather images. Initially, it traces the history of drones and the Federal Aviation Administration’s efforts to regulate them, as well as new state legislation that aims to restrict drones. This Article then illustrates that a wide array of legal remedies already exist for individuals harmed by journalistic drone usage, and it argues that calls for additional, piecemeal state laws to regulate drones are unnecessary and unduly hinder First Amendment interests in newsgathering and the public’s right to know. Furthermore, this Article asserts that the reasonable-expectation-of-privacy jurisprudence developed in aerial …

Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton

Fordham Intellectual Property, Media and Entertainment Law Journal

In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.

Appropriate(D) Moments, Richard Chused

Fordham Intellectual Property, Media and Entertainment Law Journal

INTRODUCTION Quietly reading a book by a window in your apartment isn’t necessarily a “private” act. Many living in densely packed locations like Manhattan inevitably wonder whether eyes peering through telescopes or watching digital camera screens find them, linger for a time, capture images or generate fantasies about who and what they are. That appropriation reality popped into public view in 2013 when Martha and Matthew Foster discovered images of themselves and their children, Delaney and James, in Arne Svenson’s photography exhibition The Neighbors mounted at the Julie Saul Gallery in the Chelsea district of Manhattan. The Fosters lived in …

“Sharing” With The Court: The Discoverability Of Private Social Media Accounts In Civil Litigation, Zoe Rosenthal

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski

Fordham Intellectual Property, Media and Entertainment Law Journal

The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …

Jurisdictional Challenges In The United States Government’S Move To Cloud Computing Technology, Sasha Segall

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis

Fordham Intellectual Property, Media and Entertainment Law Journal

The smartphone has turned a user’s location into valuable information. Users of smart devices can use location-based mobile services to get driving directions, check into social networks, or even see which of their friends are around. But the use of this technology, and the new type of data created by it, raises privacy concerns as to who has access to one's location-based information. Because the only legislation covering this technology, the Electronic Communications Privacy Act, is more than twenty-five years old, courts encounter problems when trying to use it to resolve these privacy issues, often reaching illogical results. This Note …

The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Friending Privacy: Toward Self- Regulation Of Second Generation Social Networks , Robert Terenzi, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.