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Full-Text Articles in Law
A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen
A Skeptical View Of Information Fiduciaries, Lina M. Khan, David E. Pozen
Faculty Scholarship
The concept of “information fiduciaries” has surged to the forefront of debates on online-platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of care, confidentiality, and loyalty on doctors, lawyers, and accountants vis-à-vis their patients and clients, Balkin argues, so too should it impose special duties on corporations such as Facebook, Google, and Twitter vis-à-vis their end users. Over the past several years, this argument has garnered remarkably broad support …
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 …
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.
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
Faculty Scholarship
No abstract provided.
Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg
Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg
Faculty Scholarship
Travaux pour obtenir le grade de Docteur De L'Universite Paris I. Discipline: Droit. Sujet des publications: Le Droit Et Les Reseaux Internationaux D'Information
Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Maureen A. O'Rourke
Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Maureen A. O'Rourke
Faculty Scholarship
The Internet's emergence as a retail marketplace has both posed new issues and cast old problems in a new light. As technology, particularly software, has advanced over time, traditional bricks and mortar firms have acquired the capability of tracking and analyzing all sorts of information about their customers, including purchasing patterns and demographic information. For years, firms have been licensing and selling such customer data both in and out of bankruptcy without much fear of legal limitations. In particular, the law has generally not adopted privacy rules that would present a barrier to commerce in personal information.