Law Commons^™

Normative Models For The Protection Of Children And Teenagers’ Personal Data, Hugo Teles, Marcelo Varella

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas

Forging A Path Towards Meaningful Digital Privacy: Data Monetization And The Ccpa, Rebecca Harris

Loyola of Los Angeles Law Review

The California Consumer Privacy Act (CCPA) was passed in response to a number of newsworthy data breaches with widespread impacts, and which revealed how little digital privacy consumers actually have. Despite the large market for consumer data, individual consumers generally do not earn money when their personal data are sold. Further, consumers have very little control over who collects their data, what information is collected, and with whom it is shared. To place control back in the hands of the consumer, affirmative consent should be required to collect and sell consumer’s data, and consumers should have the ability to sell …

A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin

Loyola of Los Angeles Law Review

No abstract provided.

Untangling The Privacy Law Web: Why The California Consumer Privacy Act Furthers The Need For Federal Preemptive Legislation, Jordan Yallen

Loyola of Los Angeles Law Review

No abstract provided.

Cell-Site Location Information And The Privacies Of Life: The Impact Of Carpenter V. United States, Trevor Moore

Loyola of Los Angeles Law Review

No abstract provided.

Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney

Loyola of Los Angeles Entertainment Law Review

Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?

Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …

Mission Creep And Wiretap Act 'Super Warrants': A Cautionary Tale, Jennifer S. Granick, Patrick Toomey, Naomi Gilens, Daniel Yadron Jr.

Loyola of Los Angeles Law Review

Congress enacted the Wiretap Act in 1968 in an effort to combat organized crime while safeguarding the privacy of innocent Americans. However, the Act instead served to legitimize wiretapping, and its privacy protections have eroded over time. As a result, there has been a significant increase in wiretapping in the decades since the Act’s passage. As technology evolves, the Wiretap Act does less to protect Americans’ private communications from government interception. Nevertheless, policy makers see the Wiretap Act, with its “super-warrant” procedures, as the gold standard for statutory privacy protection. To the contrary, when considering how to regulate new and …

Biometrics: The Future Is In Your Hands, Kelsey Sherman

Loyola of Los Angeles Law Review

No abstract provided.

Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies, Candice Gliksberg

Loyola of Los Angeles Law Review

No abstract provided.

The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian

Loyola of Los Angeles Law Review

No abstract provided.

Counteracting Diminished Privacy In An Augmented Reality: Protecting Geolocation Privacy, Diana Martinez

Loyola of Los Angeles Law Review

No abstract provided.

Who's Driving You? Driver Data Remains Unprotected Under Coppa And Shine The Light, Marisa Tashman

Loyola of Los Angeles Law Review

As our lives become more driven by technology, California’s privacy laws fall short of protecting our personally identifiable information. Vehicles in particular present an increasing privacy concern, as our automobiles become more computer and less car. Cars today have increasingly sophisticated capabilities, stemming from connected technology and sensors, and their ability to capture geolocation and biometric data. This data can be used to make inferences about drivers’ behavioral patterns and daily habits. This Article analyzes whether California’s privacy laws—California Online Privacy Protection Act (“COPPA”) and Shine the Light—adequately address privacy concerns regarding driver data collected by the connected car. This …

"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind

Loyola of Los Angeles Entertainment Law Review

The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. While the case is well known, the facts behind the case are not. None of the three courts that heard the case were told that the alleged parody by 2 Live Crew appeared only on a “sanitized” version of the group’s controversial album. Thus the work had a heightened commercial purpose: filling up a meager album so that album could serve as a market stopgap for its controversial cousin. Although commercial purpose is a key factor in the fair use calculus, no court …

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

Diy Solutions To The Hobby Lobby Problem, Kristin Haule

Loyola of Los Angeles Law Review

No abstract provided.

By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller

Loyola of Los Angeles Entertainment Law Review

This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …

Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint

Loyola of Los Angeles Entertainment Law Review

This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …

Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian

Loyola of Los Angeles Law Review

No abstract provided.