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Full-Text Articles in Law
Are Privacy Laws Deficient?, Woodrow Hartzog
Are Privacy Laws Deficient?, Woodrow Hartzog
Faculty Scholarship
Privacy law around the world is deficient because it ignores design. Lawmakers have attempted to establish limits on the collection, use, and distribution of personal information. But they have largely overlooked the power of design. They have discounted the role that design plays in facilitating the conduct and harm privacy law is meant to prevent. Design pitches and picks privacy winners and losers, with people as data subjects and surveillance objects often on the losing side.
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …