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Articles 1 - 4 of 4
Full-Text Articles in Law
Spying Inc., Danielle K. Citron
Spying Inc., Danielle K. Citron
Faculty Scholarship
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app provides continuous access to the person’s calls, texts, snap chats, photos, calendar updates, and movements. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.
Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious interception of electronic communications. But those laws are rarely, if ever, enforced. …
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger
Faculty Scholarship
Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.
In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …
The Scope And Potential Of Ftc Data Protection, Woodrow Hartzog, Daniel J. Solove
The Scope And Potential Of Ftc Data Protection, Woodrow Hartzog, Daniel J. Solove
Faculty Scholarship
For more than fifteen years, the FTC has regulated privacy and data security through its authority to police deceptive and unfair trade practices as well as through powers conferred by specific statutes and international agreements. Recently, the FTC’s powers for data protection have been challenged by Wyndham Worldwide Corp. and LabMD. These recent cases raise a fundamental issue, and one that has surprisingly not been well explored: How broad are the FTC’s privacy and data security regulatory powers? How broad should they be?
In this Article, we address the issue of the scope of FTC authority in the areas of …
Unfair And Deceptive Robots, Woodrow Hartzog
Unfair And Deceptive Robots, Woodrow Hartzog
Faculty Scholarship
Robots, like household helpers, personal digital assistants, automated cars, and personal drones are or will soon be available to consumers. These robots raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety and finances. Robots also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.
The thesis of the Article is that the FTC’s grant of authority and …