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Full-Text Articles in Law

The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti Jan 2011

The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti

Corey A Ciocchetti

In the midst of massive government involvement in the financial, real estate and automotive sectors, other important problems linger without sufficient governmental attention. This article focuses on one area where federal intervention has been particularly absent - the realm of individual privacy in the Information Age. The problem is that monitoring in the United States is increasingly powerful and takes many forms. Online, prominent Web sites collect, store and disseminate a great deal of personally identifying information (PII) without clearly and simply informing users. This is the case even though such notice is cheap and can be effective. Offline, technology …


The Eavesdropping Employer: A Twenty-First Century Framework For Employee Monitoring, Corey A. Ciocchetti Dec 2010

The Eavesdropping Employer: A Twenty-First Century Framework For Employee Monitoring, Corey A. Ciocchetti

Corey A Ciocchetti

The twenty-first century continues to usher in new and increasingly-powerful technology. This technology is both a blessing and a curse in the employment arena. Sophisticated monitoring software and hardware allow businesses to conduct basic business transactions, avoid liability, conduct investigations and, ultimately, achieve success in a competitive global environment. Employees can also benefit when monitoring provides immediate feedback, keeps the workforce efficient and focused and discourages unethical/illegal behavior. The same technology, however, allows employers to monitor every detail of their employees’ actions, communications and whereabouts both inside and outside the workplace. As more and more employers conduct some form of …


Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Corey A. Ciocchetti Jan 2009

Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Corey A. Ciocchetti

Corey A Ciocchetti

This article explores the developing phenomenon of the ongoing collection and dissemination of personal identifying information (PII): first, explaining the nature and form of PII, including the consequences of its collection; second, exploring one of the greatest threats associated with data collection—unauthorized disclosure due to data breaches, including an overview of state and federal legislative reactions to the threats of data breaches and identity theft; third, discussing common law and constitutional privacy protections regarding the collection of personal information, revealing that United States privacy laws provide very little protection to individuals; and fourth, examining current practices by online commercial enterprises …


The Privacy Matrix, Corey A. Ciocchetti Jan 2008

The Privacy Matrix, Corey A. Ciocchetti

Corey A Ciocchetti

The twenty-first-century e-commerce environment is a scary place. Lurking within are technologically-sophisticated e-threats ready to compromise an individual’s personally identifying information (PII). At the same time, consumers submit vast amounts of PII into cyberspace without comprehending such dangers while businesses stumble to protect the information they collect and sell it on the open market. The United States legal system – currently a mixture of self-regulation and a patchwork of federal/state legislation – is ill-equipped to deal with these e-threats effectively. A new paradigm is needed. The Privacy Matrix paradigm categorizes the most prominent e-threats into three stages of the PII …