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SelectedWorks

Andrew B. Serwin

Law and Technology

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices., Andrew B. Serwin Feb 2011

The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices., Andrew B. Serwin

Andrew B. Serwin

This article examines the history of privacy enforcement by the Federal Trade Commission, including the FTC’s jurisdiction under Section 5, and its privacy enforcement matters, as well as the FTC's recently issued report, "Protecting Consumer Privacy in an Era of Rapid Change: A proposed Framework for Businesses and Policymakers", in which the FTC examines past enforcement models, noting their failings. In light of the FTC’s examination of past enforcement models, this article then analyzes these models, including the accountability-centric model that has previously been utilized in the United States, as well as the FTC’s proposed solution to the privacy problems …


Poised On The Precipice: A Critical Examination Of Privacy Litigation, Andrew B. Serwin Feb 2009

Poised On The Precipice: A Critical Examination Of Privacy Litigation, Andrew B. Serwin

Andrew B. Serwin

A collection of factors has caused the United States to be poised on the precipice of a new wave of litigation—litigation arising from the improper use or collection of information. Public concern over privacy is ever increasing while, and some would say because, information has become critical to our everyday existence. In what is now a self-reinforcing cycle, increased public concern has caused an exponential increase in regulations, and the new regulations have caused increased attention and public concern because many of the new laws require public disclosure of security breaches, which increases societal concerns over privacy. Security breach laws, …


Privacy 3.0--The Principle Of Proportionality, Andrew B. Serwin Feb 2008

Privacy 3.0--The Principle Of Proportionality, Andrew B. Serwin

Andrew B. Serwin

Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone - Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 …