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Full-Text Articles in Law
Inescapable Surveillance, Matthew Tokson
Inescapable Surveillance, Matthew Tokson
Utah Law Faculty Scholarship
Until recently, Supreme Court precedent dictated that a person waives their Fourth Amendment rights in information they disclose to another party. The Court reshaped this doctrine in Carpenter v. United States, establishing that the Fourth Amendment protects cell phone location data even though it is revealed to others. The Court emphasized that consumers had little choice but to disclose their data, because cell phone use is virtually inescapable in modern society.
In the wake of Carpenter, many scholars and lower courts have endorsed inescapability as an important factor for determining Fourth Amendment rights. Under this approach, surveillance that people cannot …
Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George
Utah Law Faculty Scholarship
This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. This article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector companies …
Inciting Terrorism On The Internet: The Limits Of Tolerating Intolerance, Amos N. Guiora
Inciting Terrorism On The Internet: The Limits Of Tolerating Intolerance, Amos N. Guiora
Utah Law Faculty Scholarship
The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech, including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to incitable hate speech are appropriate in limited circumstances. Several real-world examples discussed here help to explore when limitations on Internet-based hate speech are appropriate.
In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization Shurat HaDin, …