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- Attorney-client privilege; full and frank conversations; hack; hackers; hacktivism; whistleblowing; technology; cybersecurity; ethics; bar associations; evidence; Federal Rules of Evidence; Federal Rules of Civil Procedure; claw back agreements; quick peek agreements; litigation; waiver; express waiver; implicit waiver; privileged communications; inadvertent disclosure; unintentional disclosure; unauthorized disclosure; purloined communications; stolen documents; technology; email; Wikileaks; Panama papers; Ashley Madison; Clinton Foundation; Teneo; John Podesta; Sony Entertainment; public domain; duty of confidentiality (1)
- Computer; fiduciary; hacking; insider trading; securities; Securities Exchange Act; hacker-seller; 10b-5 (1)
- Drones; civilian drones; privacy; consumer drones; drone privacy; civilian drone privacy; consumer drone privacy; civilian drone privacy threats; consumer drone privacy threats; drone hack; drone surveillance; drone data storage; drone regulations; Federal Aviation Administration drone regulations; civilian drone regulations; EPIC v. FAA; operation and certification of small unmanned aircraft systems; drone privacy regulations (1)
- Edwarn Snowden; Metadata; Personal privacy; National Security Agency (NSA); Government Communications Headquarters (GCHQ); United States of America (USA); United Kingdom (UK); European Court of Human Rights (ECtHR); European Convention on Rights (ECHR); Investigatory Powers Tribunal; Britain; British Parliament; Telecommunications Act of 1984; American Civil Liberties Union (ACLU); USA PATROIT Act; Regulation of Investigatory Powers Act 2000; International human rights; Communications data; Confidential information; Disclosure of Communications Data Code of Practice; Surveillance program; Freedom of expression; National security; United Nation's Human Rights Council; United Nations General Assembly; First Amendment; United States Constitution; Jouralist; Jouralism (1)
- European Court of Justice; Google Spain v. AEPD and Mario Costeja González; Google; Commission National de l'Informatique des Libertés; Consumers; Search engines; European Union; Internet Protocol; Martin v. Hearst Corporation; United States Supreme Court; Data Protection Directive; Direct 95/46/EC; Privacy; Internet; U.S. Citizens; Freedom of privacy; Freedom of speech; Universal Declaration of Human Rights; European Parliament; Globalization; European Commission; United States; Department of Defense Advanced Research Projects Agency; Griswold v. Connecticut; Right to be forgotten; Data Protection Working Party; Miller v. California; First Amendment (1)
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- General Data Protection Regulation; Data Protection; European Union; U.S. Surveillance Practices; National Security Agency; NSA; Small Business; European Data Privacy Law; Transatlantic Data Transfer; Data Protection Authorities (1)
- Private Prisons Information Act; Freedom of Information Act; History of Privatized Correctional Services; Corrections Corporation of America; GEO Group; Management and Training Corporation; Disclosure; Corruption; Prison Conditions; Private Prison; Transparency; Public Oversight; Federal Outsourcing to Private Prisons; Contract Prisons; (1)
- Video Privacy Protection Act of 1988; Privacy Law; Data Sharing; Video Streaming; Netflix; Hulu; Advertising; Class Action Lawsuit; Liquidated Damages; Statutory Damages (1)
- Wearable; Fitbit; HIPAA; health data; health insurance; privacy laws; health information; health profile; fitness; GDPR; data collection (1)
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Articles 1 - 11 of 11
Full-Text Articles in Law
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law
Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Brooklyn Journal of Corporate, Financial & Commercial Law
The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Faculty Scholarship
No abstract provided.
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Brooklyn Journal of International Law
In May 2014, the European Court of Justice decided Google Spain v. AEPD and González and granted citizens the right to be forgotten, rather, the right to request any search engine offering services to European consumers to remove certain results displayed after a search of a citizen’s name. This decision has also resulted in an ongoing battle between Google and the Commission Nationale de l’Infomatique et des Libertés (CNIL), France’s data protection authority. The CNIL believes that Google must apply the right to be forgotten to all domains worldwide, including Google.com. Google, however, has been reluctant to do so, given …
Private Rights And Private Wrongs, Andrew S. Gold
Private Rights And Private Wrongs, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Brooklyn Law Review
This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access are …
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Brooklyn Law Review
Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy, particularly …
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Brooklyn Law Review
The news story is now familiar: hackers breach a security system and post internal, confidential information online for anyone with an Internet connection to comb through. This digital version of whistleblowing, called “hacktivism,” is attractive to the media, which has leaned on broad First Amendment protections to widely cover the confidential communications revealed by hackers. These hacks also provide attorneys with enticing opportunities to look through previously confidential files. But as ethics and evidentiary rules stand, it is not clear if an attorney may view the files, let alone use them as evidence in litigation. That companies are hacked is …
“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan
“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan
Brooklyn Law Review
The Federal Aviation Administration’s (FAA) recent promulgation of civilian drone regulations triggered the growth of a new consumer industry. As this industry grows, so do the privacy threats it presents. Drones with advanced technological capabilities can record and store a wide range of data, without the consent of the data’s source. Privileged information captured by drones—whether for innocent purposes or not—is in turn vulnerable to misappropriation, as civilian drones are far from hack-proof. Despite the likely privacy implications of large-scale drone legalization, the FAA’s new regulations do not include any privacy protections. This note provides a criticism of the FAA’s …