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Articles 31 - 38 of 38
Full-Text Articles in Law
Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove
Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this article, Professor Solove examines the increasing information flow from the private sector to the government, especially in light of the response to September 11, 2001. In today's Information Age, private sector entities are gathering an unprecedented amount of personal information about individuals, and the data is increasingly being accessed by government law enforcement officials. This government information gathering takes place outside the bounds of the Fourth Amendment, since the Supreme Court held in Smith v. Maryland and United States v. Miller that the Fourth Amendment does not apply to records held by third parties. Law enforcement officials can, …
Conceptualizing Privacy, Daniel J. Solove
Conceptualizing Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this Article, Professor Solove develops a new approach for conceptualizing privacy. He begins by examining the existing discourse about conceptualizing privacy, exploring the conceptions of a wide array of jurists, legal scholars, philosophers, psychologists, and sociologists. Solove contends that the theories are too narrow or too broad. With a few exceptions, the discourse seeks to conceptualize privacy by isolating one or more common essential or core characteristics of privacy. Expounding upon Ludwig Wittgenstein's notion of family resemblance, Solove contends that privacy is better understood as drawing from a common pool of similar characteristics. Rather than search for an overarching …
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Faculty Scholarship
The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …
Human Identification Theory And The Identity Theft Problem, Lynn M. Lopucki
Human Identification Theory And The Identity Theft Problem, Lynn M. Lopucki
UF Law Faculty Publications
This paper builds on the theory of human identification proposed by Professor Roger Clarke and uses the product as the basis for a proposed solution to the identity theft problem. The expanded theory holds that all human identification fits a single model. The identifior matches the characteristics of a person observed in a first observation with the characteristics of a person observed in a second observation to determine whether they are the same person. From the theory it follows that a characteristic used for identification in the credit reporting system, such as social security number, mother's maiden name and date …
Brandeis & Warren's 'The Right To Privacy And The Birth Of The Right To Privacy', Ben Bratman
Brandeis & Warren's 'The Right To Privacy And The Birth Of The Right To Privacy', Ben Bratman
Articles
Privacy law and conceptions of a right to privacy have, of course, evolved considerably since 1890 when future Supreme Court Justice Louis Brandeis and Boston attorney Samuel Warren penned their now ageless article, The Right to Privacy, 4 Harv. L. Rev. 193, in which they argued the law should recognize such a right and impose liability in tort for intrusions on it. But quite apart from any argument about how attenuated the link might be between Brandeis and Warren's specific proposals and the current state of privacy law, is it fair to say, as so many scholars and judges repeatedly …
An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson
An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson
Faculty Publications
On April 13, 2000, the Canadian Parliament enacted by Royal Assent the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act requires private organizations to comply with a code of “fair information practice,” which mandates individual consent for the collection, use, and disclosure of personal information. PIPEDA complements the Federal Privacy Act, which places similar obligations on government institutions. On January 1, 2002, the Act began to apply to personal information (including personal health information) collected, used, or disclosed by a federal work, undertaking, or business, and personal information (including personal health information) disclosed by any organization for consideration …
The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog
The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog
Faculty Scholarship
Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. 25 The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.26 The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) 27 that dramatically modifies current surveillance law, thus further complicating the untested waters of a …
Patient's Rights In Front Of The Automated Processing Of Personal Data For Medical Purposes : Conditions For An Alliance Between Technology, Privacy And Health, Jean Herveg, Marie-Noelle Verhaegen, Yves Poullet
Patient's Rights In Front Of The Automated Processing Of Personal Data For Medical Purposes : Conditions For An Alliance Between Technology, Privacy And Health, Jean Herveg, Marie-Noelle Verhaegen, Yves Poullet
Jean HERVEG
No abstract provided.