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Articles 1 - 30 of 71
Full-Text Articles in Law
Così Fan Tutte: A Better Approach Than The Right To Be Forgotten, Martha Garcia-Murillo, Ian Macinnes
Così Fan Tutte: A Better Approach Than The Right To Be Forgotten, Martha Garcia-Murillo, Ian Macinnes
School of Information Studies - Faculty Scholarship
In this article, we argue in favor of a macro-societal approach to protect people from the potential harms of personal information online. In the tension between information and privacy, “the right to be forgotten” is not an appropriate solution. Such a micro, individual-based answer puts the burden of protection on each person instead of on external entities that can abuse such knowledge. The personal responsibility to delete personal data is challenging because of the leakage of data that happens through the connections we have with others, many of whom do not share the same privacy preferences. We show that effective …
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Faculty Scholarship
No abstract provided.
Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu
Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu
Faculty Publications
This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies. …
Risk And Resilience In Health Data Infrastructure, W. Nicholson Price Ii
Risk And Resilience In Health Data Infrastructure, W. Nicholson Price Ii
Articles
Today’s health system runs on data. However, for a system that generates and requires so much data, the health care system is surprisingly bad at maintaining, connecting, and using those data. In the easy cases of coordinated care and stationary patients, the system works—sometimes. But when care is fragmented, fragmented data often result. Fragmented data create risks both to individual patients and to the system. For patients, fragmentation creates risks in care based on incomplete or incorrect information, and may also lead to privacy risks from a patched together system. For the system, data fragmentation hinders efforts to improve efficiency …
Algorithmic Jim Crow, Margaret Hu
Algorithmic Jim Crow, Margaret Hu
Faculty Publications
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …
How Useful Is Gsv As An Environmental Observation Tool? An Analysis Of The Evidence So Far., Katherine Nesse, Leah Airt
How Useful Is Gsv As An Environmental Observation Tool? An Analysis Of The Evidence So Far., Katherine Nesse, Leah Airt
SPU Works
Researchers in many disciplines have turned to Google Street View to replace pedestrian- or carbased in-person observation of streetscapes. It is most prevalent within the research literature on the relationship between neighborhood environments and public health but has been used as diverse as disaster recovery, ecology and wildlife habitat, and urban design. Evaluations of the tool have found that the results of GSV-based observation are similar to the results from in-person observation although the similarity depends on the type of characteristic being observed. Larger, permanent and discrete features showed more consistency between the two methods and smaller, transient and judgmental …
Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez
Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez
Nevada Supreme Court Summaries
The Nevada Supreme Court (en banc) held that (1) a hyperlink to source material concerning a judicial proceeding may qualify as a report within the common law fair report privilege; and (2) Nevada’s anti-SLAPP statute, as effective prior to the 2013 amendment, reaches communication “aimed at procuring any governmental or electoral action,” even if it is not addressed to a government agency.
A Principled Defence Of The International Human Right To Privacy: A Response To Frédéric Sourgens, Asaf Lubin
A Principled Defence Of The International Human Right To Privacy: A Response To Frédéric Sourgens, Asaf Lubin
Articles by Maurer Faculty
Part I offers a brief summary of Sourgens’ key arguments and his legal rationales for them. Part II pushes against the existence of a general privacy principle. This Part challenges both the methodology employed by Sourgens to identify this principle, as well as the practicality of the overall endeavor. Part III makes the case for an extraterritorial right to privacy under both treaty and customary international law. This Part further analyzes recent successes of IHRL in fighting against unwarranted surveillance, and concludes by providing counter-arguments to the concerns raised by Sourgens regarding the effectiveness of the human rights discourse in …
Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert
Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert
Nevada Supreme Court Summaries
The Court found that discretionary-function immunity does not apply to intentional bad-faith tort claims. The Court also expressly adopted the false light invasion of privacy right of action in order to fully protect privacy interests. The Court also adopted the sliding scale approach for evaluating IIED claims, holding that increased severity of conduct will require less evidence to prove emotional distress.
Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer Edd
Substance Use Disorder Treatment Confidentiality Boot Camp, Lucy C. Hodder, Stephanie Cameron, Marcy Doyle, Christina Muñiz, Jeanne Ryer Edd
Law Faculty Scholarship
[Excerpt]: "INTRODUCTION: The Health Law and Policy Programs at UNH School of Law, Institute for Health Policy and Practice, and the NH Citizens Health Initiative have contracted with several of the New Hampshire Building Capacity for Transformation Delivery System Reform Incentive Payment (DSRIP) Integrated Delivery Networks (IDN) to provide technical assistance to the IDNs as they develop confidentiality tools related to substance use disorder services projects.
A UNH Team assisted the IDNs by providing an educational summary of federal and state confidentiality requirements, focusing on 42 CFR Part 2, and hosting IDN interdisciplinary teams in three Substance Use Disorder (SUD) …
Data Collection And The Regulatory State, Ahmed Ghappour
Data Collection And The Regulatory State, Ahmed Ghappour
Faculty Scholarship
The following remarks were given on January 27, 2017 during the Connecticut Law Review’s symposium, “Privacy, Security & Power: The State of Digital Surveillance.” Hillary Greene, the Zephaniah Swift Professor of Law at the University of Connecticut School of Law, offered introductory remarks and moderated the panel. The panel included Dr. Cooper, Associate Professor of Law and Director of the Program on Economics & Privacy at Antonin Scalia Law School at George Mason University, Professor Ghappour, Visiting Assistant Professor at UC Hastings College of the Law, Attorney Lieber, Senior Privacy Policy Counsel at Google, and Dr. Wu, Professor of Law …
Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford
Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford
Law Faculty Scholarship
These comments respond to the Federal Trade Commission’s request for public comment on the CAN-SPAM Rule, 16 C.F.R. Part 316.
The CAN-SPAM Act set a minimum baseline for consumer protections that senders of unsolicited commercial email must respect. These protections have been largely effective at giving consumers the ability to manage how a large group of companies uses their email addresses for marketing. At the same time, the Act has had little effect on the volume of unsolicited commercial email or on the amount of email sent by scammers and fraudsters. The Act and its implementing Rule, then, have been …
Brief Of Scholars Of The History And Original Meaning Of The Fourth Amendment As Amici Curiae In Support Of Petitioner, Margaret Hu
Briefs
No abstract provided.
Masquerading Sanity: Crimes, Violence And Victimization On The Internet, Heath Grant, Cathryn Lavery
Masquerading Sanity: Crimes, Violence And Victimization On The Internet, Heath Grant, Cathryn Lavery
Publications and Research
The world of cybercrime has transformed significantly over the past ten or twenty years. Early concerns focused on the vulnerability of the financial industry, including the crimes of identity theft and hacking. However, in recent years, cybercrime has evolved to include crimes of harassment, child pornography, rape, “cyberterrorism” and even murder. This work examines an emerging form of violent crime involving the internet: Social Media Victim Targeting Networks (SVTN). The anonymity and limited available law enforcement on social media sites leaves predators with a large pool of vulnerable victims provide predators a new way to display and strengthen their criminological …
Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg
Why New Hampshire Must Update Rape Shield Laws, Amy Vorenberg
Law Faculty Scholarship
[Excerpt] “Recent research indicates that New Hampshire has some of the highest rates of sexual assault in the nation; nearly one in four New Hampshire women and one in 20 New Hampshire men will experience sexual assault. Although reporting a crime can be hard for anyone, sexual assault victims have particular reasons for not reporting. After an assault, a rape victim typically feels embarrassment, shame and fears reprisal (most of these crimes are committed by an acquaintance). The deeply personal nature of rape makes it uniquely traumatizing and confusing.”
Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews
Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews
All Faculty Scholarship
What type of information is collected, who is viewing it, and what law librarians can do to protect their patrons and institutions.
Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies
Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos
The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos
Articles
It seems that everybody loves workplace wellness programs. The Chamber of Commerce has firmly endorsed those progarms, as have other business groups. So has President Obama, and even liberal firebrands like former Senator Tom Harkin. And why not? After all, what's not to like about programs that encourage people to adopt healthy habits like exercise, nutritious eating, and quitting smoking? The proponents of these programs speak passionately, and with evident good intentions, about reducing the crushing burden that chronic disease places on individuals, families, communities, and the economy as a whole. What's not to like? Plenty. Workplace wellness programs are …
Private Rights And Private Wrongs, Andrew S. Gold
Private Rights And Private Wrongs, Andrew S. Gold
Faculty Scholarship
No abstract provided.
The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen
Research Collection Yong Pung How School Of Law
In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the …
Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies
Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies
Life of the Law School (1993- )
No abstract provided.
Newsroom: Logan On Trump And Libel Law 01-03-2017, Roger Williams University School Of Law
Newsroom: Logan On Trump And Libel Law 01-03-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia
Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia
Faculty Publications
Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Paying For Privacy And The Personal Data Economy, Stacy-Ann Elvy
Paying For Privacy And The Personal Data Economy, Stacy-Ann Elvy
Articles & Chapters
Growing demands for privacy and increases in the quantity and variety of consumer data have engendered various business offerings to allow companies, and in some instances consumers, to capitalize on these developments. One such example is the emerging “personal data economy” (PDE) in which companies, such as Datacoup, purchase data directly from individuals. At the opposite end of the spectrum, the “pay-for-privacy” (PFP) model requires consumers to pay an additional fee to prevent their data from being collected and mined for advertising purposes. This Article conducts a simultaneous in-depth exploration of the impact of burgeoning PDE and PFP models. It …
Standing After Snowden: Lessons On Privacy Harm From National Security Surveillance Litigation, Margot E. Kaminski
Standing After Snowden: Lessons On Privacy Harm From National Security Surveillance Litigation, Margot E. Kaminski
Publications
Article III standing is difficult to achieve in the context of data security and data privacy claims. Injury in fact must be "concrete," "particularized," and "actual or imminent"--all characteristics that are challenging to meet with information harms. This Article suggests looking to an unusual source for clarification on privacy and standing: recent national security surveillance litigation. There we can find significant discussions of what rises to the level of Article III injury in fact. The answers may be surprising: the interception of sensitive information; the seizure of less sensitive information and housing of it in a database for analysis; and …
Protecting Homeowners' Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff
Protecting Homeowners' Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff
Faculty Publications
Homeowners' notions of privacy in their dwellings and surroundings are under attack from the threat of pervasive surveillance by small civilian drones equipped with highly sophisticated visual and data-gathering capabilities. Streamlined rules recently issued by the Federal Aviation Administration ("FAA') have unleashed technological innovation that promises great societal benefits. However, the new rules expose homeowners to unwanted snooping because they lack limits on the distance drones may operate from residential dwellings or time of operations. Indeed, our society should not expect a federal agency to deal effectively with the widely diverse issues of drone technology facing the states, given the …
Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government In Second U.S. Supreme Court Privacy Case With International Implications, Richard J. Peltz-Steele
Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government In Second U.S. Supreme Court Privacy Case With International Implications, Richard J. Peltz-Steele
Faculty Publications
Fall 2017 saw a major privacy case with international implications reach the U.S. Supreme Court this term, Carpenter v. United States. Now a second such case pits the Government against Big Tech in United States v. Microsoft. Carpenter is a criminal case involving federal seizure of cell phone location data from service providers. Arising under the “reasonable grounds” provision of the Stored Communications Act (SCA), the case accentuates Americans’ lack of constitutional protection for personal data in third-party hands, in contrast with emerging global privacy norms. The second major privacy case headed for Supreme Court decision in 2018 also arises …
2015-2016 Legislative Summary, Assembly Committee On Privacy And Consumer Protection
2015-2016 Legislative Summary, Assembly Committee On Privacy And Consumer Protection
California Agencies
No abstract provided.
"Free Speech, First Amendment, And New Media For Cons And Festivals" From Pop Culture Business Handbook For Cons And Festivals, Jon Garon
Faculty Scholarship
This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Although most events are organized by private parties, the location of these events in public venues and the crowd management issues involving free speech make First Amendment and free speech issues a critical component of event management. This excerpt provides a framework for understanding the legal and security issues involving free speech at public events.