Law Commons^™

Ethical Ai In American Policing, Elizabeth E. Joh

Notre Dame Journal on Emerging Technologies

We know there are problems in the use of artificial intelligence in policing, but we don’t quite know what to do about them. One can also find many reports and white papers today offering principles for the responsible use of AI systems by the government, civil society organizations, and the private sector. Yet, largely missing from the current debate in the United States is a shared framework for thinking about the ethical and responsible use of AI that is specific to policing. There are many AI policy guidance documents now, but their value to the police is limited. Simply repeating …

Transcript: Presentation On Artificial Intelligence And Discrimination In Healthcare, Sharona Hoffman

Journal of Law and Health

The following is a transcription from The Digital Health and Technology Symposium presented at Cleveland-Marshall College of Law by The Journal of Law & Health on Friday, April 8, 2022. This transcript has been lightly edited for clarity.

Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black

University of Cincinnati Law Review

No abstract provided.

Big Data, Big Gap: Working Towards A Hipaa Framework That Covers Big Data, Ryan Mueller

Indiana Law Journal

One lasting impact of the Health Insurance Portability and Accountability Act (HIPAA) is the privacy protections it provides for our sensitive health information. In the era of Big Data, however, much of our health information exists outside the traditional doctor-patient dynamic. From wearable technology, to mobile applications, to social media and internet browsing, Big Data organizations collect swaths of data that shed light on sensitive health information. Big Data organizations largely fall outside of HIPAA’s current framework because of the stringent requirements for when the HIPAA protections apply, namely that the data must be held by a covered entity, and …

Constitutional Law—Fourth Amendment—Warrantless Key-Test Searches In Residential Door Locks, Jacob Hill

University of Arkansas at Little Rock Law Review

No abstract provided.

Good Intentions Gone Awry: Privacy As Proportionality Under Rule 26(B)(1), Hon. James C. Francis Iv (Ret.)

San Diego Law Review

Over the past several years, two legal trends have gained momentum. The first is the effort to make discovery in litigation more proportional, culminating in the 2015 amendment to Rule 26(b)(1) of the Federal Rules of Civil Procedure, which includes proportionality in the definition of what information is discoverable. The second is the movement, both in the United States and abroad, toward the greater recognition of individual privacy interests. Some courts and commentators now seek to merge these two trends by advocating that privacy should be considered a factor in analyzing proportionality under Rule 26(b)(1).

This paper takes the position …

The Central Monitoring System And Privacy: Analysing What We Know So Far, Jaideep Reddy

Indian Journal of Law and Technology

State-run surveillance is as old as the ages, but the wired state of our lives has put it in the spotlight more now than perhaps ever before. Our communication and data can often be veritable repositories of all that we are, and many governments today have the technological means to give them relatively easy access to most of our private data. Civil society around the world has therefore naturally expressed concern over the increasing scope of State surveillance. The Central Monitoring System (hereafter, “CMS”) is a new technology for State surveillance in India, and is in the nascent stages of …

Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar

Indian Journal of Law and Technology

Concomitant with the proliferation of cybercrime in India has been the use of Internet Protocol (IP) addresses by law enforcement agencies to track down criminals. While useful in many situations, the potential for misuse of this information raises important concerns for the privacy of individuals online. This note reviews the statutory mechanisms regulating the retention and disclosure of IP addresses by internet companies in India. It identifies and analyses the four broad sources to which the regime of IP Address disclosure by Internet Service Providers (ISP) may be traced: under the (i) operating licenses issued under the Telegrah Act, 1885, …

Policy-Making, Technology And Privacy In India, Subhajit Basu

Indian Journal of Law and Technology

There is a preconceived assumption that privacy laws in India are notoriously weak. This unquestioned assumption is based on a paradigm that does not take into consideration that the conception of privacy in India is influenced by its ‘culture of trust.’ Unfortunately, rather than looking into the specific societal, political and economic factors triggering the controversy, privacy researchers in the West have constantly varied the meaning and extent of the ‘right to privacy’ to bolster their argument. This article offers an explanation for why ‘umbrella’ data privacy legislation similar to the E.U. Data Protection Directive should not be enacted by …

Balancing Online Privacy In India, Apar Gupta

Indian Journal of Law and Technology

There have been disturbing press reports and articles on the Information Technology (Amendment) Act, 2008. These accounts broadly wallow about the increase in the police powers of the state. They contend that the amendment grants legal sanction to online surveillance inexorably whittling down internet privacy. This article seeks to examine this prevalent notion. It discovers that legal provisions for online surveillance, monitoring and identification of data have been inserted in a narrow and defined class of circumstances governed by tenuous procedures. At first glance it may seem that these procedures and safeguards by themselves increase the right to privacy. However, …

Data Protection Efforts In India: Blind Leading The Blind?, Latha R Nair

Indian Journal of Law and Technology

This paper, after establishing the need for effective data protection in India, goes on to describe the rudimentary measures taken in the country till date in the sphere of data protection. While highlighting the inadequacy of such measures and the ambiguity in proposed amendments, the author seeks inspiration from European Union law in proposing a broad framework for data protection law in India.

Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng

Indian Journal of Law and Technology

This article examines the patentability of human genes by evaluating where the balance should lie between the protection of private rights and public access for the promotion of further innovation and public health. The author investigates this issue by providing a comparative study on the approaches adopted in India and the United States – two highly divergent nations that offer unique contrasts in a comparative analysis of their patent regimes. The outcome of the appraisal discerns a potential convergence in the Indian and US approaches on certain aspects of human gene patent-eligibility. This interesting result reveals that contrary to intuition, …

The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega

Indian Journal of Law and Technology

This article aspires to constitute a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main emerging legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. The cases chosen are from India and the United Kingdom, two countries that are conspicuously active on this front. I will give an account only of (what I consider to be) the highlights of the IoT in India and …

Flattening The Curve While Protecting Our Right To Privacy: How The United States Can Implement The Digital Contract Tracing Efforts Used In East Asia, Evan Morris

Global Business Law Review

This paper looks at the digital contact tracing efforts implemented by other nations and assesses how similar measures could operate under enacted and proposed United States laws. Part I overviews the history of contact tracing and its effectiveness in prior disease outbreaks. Part II delves into the digital contact tracing efforts implemented by South Korea and Singapore. These summaries include: the digital contact tracing efforts taken, the laws that authorize these efforts, the public’s reception, and the overall effectiveness of the efforts. Part III overviews the digital contact tracing efforts in the United States, including proposed legislation aimed at user …

Marketing Research And Children’S Consumer Privacy Rights: A Battle In The Digital Age, Hadley Johnson

Child and Family Law Journal

Advancements in technology and social media have led to a decreased level of personal data privacy. Companies are now provided with limitless ways to extract information about their customers, even without their knowledge. This is especially concerning when it is the personal information of a child that is being collected, as in the United States, few regulations exist to protect them on social media. Even fewer regulations exist to protect children between the ages of thirteen and seventeen. The purpose of this Note is to discuss the importance between market research practices and children’s consumer privacy rights in the digital …

Floridians' Right To Choose Or Refuse Vaccinations, Patrick E. Tolan Jr.

Child and Family Law Journal

Every state must strike the right balance between an individual's freedom to make medical choices and the state's role in protecting the public health and the welfare of its people. Florida, by and through its Constitution, has afforded heightened protections for individual self-determination over medical treatment decisions and evaluates infringement of these private medical rights with strict scrutiny. This article is about legal rights for adults to obtain or refuse vaccines and for parents to decide the timing or administration of any vaccine or group of vaccines proposed for their school-aged, preschool, newborn, or unborn children.

I argue that States …

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni

Journal of the National Association of Administrative Law Judiciary

This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.

Real Harm In A Virtual World: Establishing Federal Standing In The Seventh Circuit Under Illinois’S Biometric Information Privacy Act, Julia Lobo

Northern Illinois University Law Review

Illinois became the first state to regulate the collection and use of biometric information by private entities when it enacted the Biometric Information Privacy Act in 2008. In the years since, more and more businesses have begun to collect biometric information from their employees and customers. As lawmakers in other states and in Congress look to enact legislation to protect biometric privacy rights, their drafting choices may be informed by three recent Seventh Circuit decisions analyzing when a plaintiff alleging a violation of the Biometric Information Privacy Act has, or has not, established Article III standing as required to proceed …

Private Rights Of Action In Privacy Law, Lauren Henry Scholz

William & Mary Law Review

Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of action make privacy law regimes more effective in general. Private rights of action are the most direct regulatory access point to the private sphere. They leverage private expertise and knowledge, create accountability through discovery, and have expressive value in creating privacy-protective norms. Then to illustrate the …

Forensic Discoverability Of Ios Vault Applications, Alissa Gilbert, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Vault Applications are used to store potentially sensitive information on a smartphone; and are available on Android and iOS. The purpose of using these applications could be used to hide potential evidence or illicit photos. After comparing five different iOS photo vaults, each vault left evidence and photos behind. However, of the three forensic toolkits used, each produced different results in their scans of the phone. The media left behind was due to the photo vaults not protecting their information as claimed, and using basic obfuscation techniques in place of security controls. Future research will look at how newer security …

Privacy Frameworks For Smart Cities, Lindsey Tonsager, Jayne Ponder

Journal of Law and Mobility

This paper identifies some of the core privacy considerations raised by smart cities – government surveillance and data security in Part I. Then, Part II proposes a set of core principles for smart cities to consider in the development and deployment of smart cities to address privacy concerns. These principles include: (A) human-centric approaches to smart cities design and implementation, (B) transparency for city residents, (C) privacy by design, (D) anonymization and deidentification, (E) data minimization and purpose specification, (F) trusted data sharing, and (G) cybersecurity resilience.

The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine

Catholic University Journal of Law and Technology

No abstract provided.

A New Reality: Deepfake Technology And The World Around Us, Molly Mullen

Mitchell Hamline Law Review

No abstract provided.

Illusory Privacy, Thomas Haley

Indiana Law Journal

For decades, regulators, consumer advocates, and privacy theorists have grappled with one of privacy’s most important questions: how to protect private information that consumers unwittingly give away with the click of an “I accept” button. Reform efforts remain mired in a morass of text, focusing on the increasing volume and complexity of firms’ terms of service and privacy policies. This Article moves beyond such existing approaches. By analyzing terms of service and privacy policies from hundreds of top websites—which this Article calls “platform terms”—this Article demonstrates that the prevailing “notice and consent” paradigm of privacy regulation cannot provide meaningful protection. …

Putting Cano On Ice – A Path Forward For Border Searches Of Electronic Devices, Davis Price Shugrue

Vanderbilt Journal of Entertainment & Technology Law

Across the country, circuit courts disagree over what level of suspicion, if any, is required for border officials to search electronic devices. This leaves law enforcement agencies in the lurch because they must craft nationwide policies that cover jurisdictions with differing rules. The Supreme Court should bring this quandary to an end by holding that no reasonable suspicion or warrant is required for border searches of electronic devices. Many scholars and litigants have called for a reasonable suspicion or warrant requirement in light of Supreme Court decisions like Riley and Carpenter that recognize the privacy concerns raised by searches of …

Big Brother Is Scanning: The Widespread Implementation Of Alpr Technology In America’S Police Forces, Yash Dattani

Vanderbilt Journal of Entertainment & Technology Law

Automatic License Plate Readers (ALPRs) are an increasingly popular tool in police departments across the United States. At its core, ALPR technology functions in a relatively simple manner. The technology has two major components: the actual scanners, which record license plates, and the databases which collect, compile, and analyze this information for officers to access at the click of a button. Although this technology first came to the United States in 1998 as a form of rudimentary border security, its purpose and capabilities have rapidly grown. Now, in 2022, ALPR has evolved into a frighteningly powerful piece of technology, potentially …

Delineating The Legal Framework For Data Protection: A Fundamental Rights Approach Or Data Propertization?, Efe Lawrence Ogbeide

Canadian Journal of Law and Technology

The Charter of Fundamental Rights of the European Union, like other key legal instruments around the globe, grants citizens the right to privacy in Article 7. The Charter, however, further provides for the right to data protection in Article 8. Simply put, the implication of Article 8 of the Charter is that the right to data protection is a fundamental right. The central question in this article is whether data protection indeed qualifies to be categorized as a fundamental right. If not, what other approach(es) to data protection may be implemented?

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …