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Articles 1 - 30 of 62
Full-Text Articles in Law
Privacy In Genetics Research, Barbara Fuller, Mary Jo Ellis Kahn, P. A. Barr, L. Biesecker, E. Crowley, J. Garber, M. K. Mansoura, Patricia Murphy, J. Murray, J. Phillips, Karen H. Rothenberg, Mark Rothstein, J. Stopfer, Gary Swergold, B. Weber, Francis Collins, Kathy Hudson
Privacy In Genetics Research, Barbara Fuller, Mary Jo Ellis Kahn, P. A. Barr, L. Biesecker, E. Crowley, J. Garber, M. K. Mansoura, Patricia Murphy, J. Murray, J. Phillips, Karen H. Rothenberg, Mark Rothstein, J. Stopfer, Gary Swergold, B. Weber, Francis Collins, Kathy Hudson
Karen H. Rothenberg
No abstract provided.
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Dr Rebecca Wong
This article updates a working party looking at the definition of a "data controller" under the Data Protection Directive 95/46/EC within the context of a social networking environment. In brief, the article considers twhether the phenomenom of social networking (through Facebook (FB), MySpace and Bebo) has produced unintended consequences in the interpretation and application of the Data Protection Directive 95/46/EC to the online environment. The Data Protection Directive 95/46/EC defines a "data controller" broadly to refer to the 'natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means …
Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt
Northern Illinois Law Review Supplement
This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery
Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery
Alaska Law Review
No abstract provided.
A Problem With The Federal Education Records Privacy Act- Educational Privacy Can Be Taken Too Far; Degrees Can Be Used To Persecute Persons And Violate The Rights Of Persons Using The Degrees And The Significance We Attach To Degrees., James T. Struck
James T Struck
A Problem with the Federal Education Records Privacy Act is that Educational privacy can be taken too far; degrees can be used to persecute persons and violate the rights of persons using the degrees and the significance we attach to degrees. Persons cannot confirm obtainment of a degree without subpeonas even when rights are being violated.
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Michael Katz
The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately.
Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto
Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto
Duke Law Journal
Software security and privacy issues regularly grab headlines amid fears of identity theft, data breaches, and threats to security. Policymakers have responded with a variety of approaches to combat such risk. Suggested measures include promulgation of strict rules, enactment of open-ended standards, and, at times, abstention in favor of allowing market forces to intervene. This Note lays out the basis for understanding how both policymakers and engineers should proceed in an increasingly software-dependent society. After explaining what distinguishes software-based systems from other objects of regulation, this Note argues that policymakers should pursue standards-based approaches to regulating software security and privacy. …
Securing Our Infrastructure: Private/Public Information Sharing, Rena Steinzor
Securing Our Infrastructure: Private/Public Information Sharing, Rena Steinzor
Rena I. Steinzor
No abstract provided.
From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker
From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker
Faculty Publications
This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
Dalhousie Law Journal
According to Klein &Kratchanov (Government Information: The Right to Information and Protection of Privacy in Canada, 2nd ed., 2009), "there is one reported case of a successful private prosecution for violation of an access statute through the unauthorized release of personal information. The matter arose under a former Nova Scotia Act and resulted in a modest fine being imposed against a Minister of the Crown who had disclosed information about the complainant." What follows is a close, contextual study of a case unique in the short history of privacy law in Canada, from the perspective of the thirty-year development of …
Martha’S (And Steve’S) Good Faith: An Officer’S Duty Of Loyalty At The Intersection Of Good Faith And Candor, Joan Macleod Heminway
Martha’S (And Steve’S) Good Faith: An Officer’S Duty Of Loyalty At The Intersection Of Good Faith And Candor, Joan Macleod Heminway
Scholarly Works
This short paper begins to explore whether a corporate officer’s duty of good faith extends to public disclosures of personal facts. Specifically, the paper preliminarily attacks the following question: in the post Stone v. Ritter, post-Gantler v. Stephens era in which we now live, is the absence or inadequacy of an executive officer’s disclosure of personal facts a breach of the duty of good faith and, as a result, the fiduciary duty of loyalty under Delaware law? The answer to this question is tied up in recent jurisprudence of the Delaware Supreme Court at the intersection of the duty of …
Changing Tides: A Lesser Expectation Of Privacy In A Post 9-11world, Derek M. Alphran
Changing Tides: A Lesser Expectation Of Privacy In A Post 9-11world, Derek M. Alphran
derek m Alphran
Abstract: Derek Alphran, Associate Professor The War on Terror is changing society’s views about the Fourth Amendment. To what extent should the American public believe that privacy should be subject to greater restrictions for the greater good? Should the Katz test be viewed differently in light of concerns about the need for surveillance in light of post 9/11 domestic terrorist threats? What is a reasonable search under the today’s changing expectation of privacy. This article addresses these questions examines how the Katz standard has changed historically and examines whether the special needs exception should be expanded to include domestic terror …
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja West
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja West
Sonja R. West
Increasingly more “ordinary” Americans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories, they are exposing private information about others as well. The face-off between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographical speech is a unique and important category of speech that is at risk of being undervalued under current law. This article builds on my earlier work by addressing the conflict between autobiographical …
Media Futures: A Review Essay On 'The Future Of Reputation', 'Tv Futures', And 'The Future Of The Internet And How To Stop It', Prometheus, Vol. 27 (3), P. 267-279., Matthew Rimmer
Matthew Rimmer
This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores …
Enabling Responsible Public Genomics, John M. Conley, Daniel B. Vorhaus, Adam K. Doerr
Enabling Responsible Public Genomics, John M. Conley, Daniel B. Vorhaus, Adam K. Doerr
John M Conley
As scientific understandings of genetics advance, researchers require increasingly rich datasets that combine genomic data from large numbers of individuals with medical and other personal information. Linking individuals’ genetic data and personal information precludes anonymity and produces medically significant information—a result not contemplated by the established legal and ethical conventions governing human genomic research. To pursue the next generation of human genomic research and commerce in a responsible fashion, scientists, lawyers, and regulators must address substantial new issues, including researchers’ duties with respect to clinically significant data, the boundary between genomic research and commerce and the practice of medicine, and …
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Duke Journal of Gender Law & Policy
[...] the risk of incest and consanguinity11 are prevalent with anonymous donation12 since there is no monitoring of the number of live births per donor. [...] the number of children born from sperm donation has doubled in recent years.30 Although sperm may be donated by a relative or close friend of the couple or individual, often the sperm is donated anonymously through a sperm bank or clinic.
Googlestroika: Privatizing Privacy, Karl T. Muth
Googlestroika: Privatizing Privacy, Karl T. Muth
Karl T Muth
This is part of a slide deck from a presentation given in July 2009 in Washington, D.C. by Karl T. Muth. Those interested in discussing this material or obtaining the full slide deck should contact the author at rhetoric@uchicago.edu.
Industrial Justice: Privacy Protection For The Employed, Ariana R. Levinson
Industrial Justice: Privacy Protection For The Employed, Ariana R. Levinson
Cornell Journal of Law and Public Policy
No abstract provided.
Pandemic Preparedness: A Return To The Rule Of Law, Wendy K. Mariner, George J. Annas, Wendy E. Parmet
Pandemic Preparedness: A Return To The Rule Of Law, Wendy K. Mariner, George J. Annas, Wendy E. Parmet
Faculty Scholarship
Current discussions of pandemic influenza and emergency preparedness would do well to heed the lessons of US Airways flight 1549, which landed in the Hudson River in January 2009. This article examines what past emergencies teach us about how to prevent or control epidemics and argues that it is time for a return to the rule of law in pandemic preparedness. The most important resource in emergency preparedness is a healthy, resilient population, which depends importantly on sustainable systems of medical care and public health. Preparedness thus requires more money than law. After September 11, 2001, however, federal emergency preparedness …
Warshak: A Test Case For The Intersection Of Law Enforcement And Cyber Security, Michael C. Mcnerney
Warshak: A Test Case For The Intersection Of Law Enforcement And Cyber Security, Michael C. Mcnerney
Michael C McNerney
Often times, the lines between criminal investigations and intelligence activities can become blurred. How far can a government agency go in gathering electronic information on an American citizen suspected of a crime? What implications are there for Americans suspected of terrorist activities? The American people want their government to have the tools to keep them safe but they also want to be free from unreasonable searches and seizures. There are many difficult questions but very little settled law on the subject. Although only a small piece of the puzzle, a recent decision by the Sixth Circuit in a case called …
Best Practices And The State Of Information Security, Kevin Cronin
Best Practices And The State Of Information Security, Kevin Cronin
Chicago-Kent Law Review
The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Chicago-Kent Law Review
Scientists are currently attempting to create an artificula womb which would allow fetal development to occur independent of a woman's womb. This note analyzes legal questions which would emerge with this new technology, including how artificial wombs would affect the interests of the father and the state in the fetus; whether contracts involving artificial wombs would be enforceable; and what type of liability issues would arise due to artificial womb use. Finally, the note proposes answers for these questions and concludes that the development of artificial wombs will likely complicate rather than resolve issues surrounding reproductive rights and the legal …
Coding Privacy, Lilian Edwards
Coding Privacy, Lilian Edwards
Chicago-Kent Law Review
Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …
Applying Lawrence: Teenagers And The Crime Against Nature, Daniel Allender
Applying Lawrence: Teenagers And The Crime Against Nature, Daniel Allender
Duke Law Journal
The Supreme Court's decision striking down a Texas statute prohibiting homosexual conduct in Lawrence v. Texas is vague in many ways. The opinion failed to articulate both the contours of the right the Court was recognizing and the level of scrutiny courts should apply when enforcing the right. When a question concerning the rights of minors arises under Lawrence, the answer is even more obscure. The Supreme Court of North Carolina faced precisely this question in a 2007 decision, in which the court considered whether Lawrence prohibited the state from prosecuting a minor for engaging in nontraditional sexual activity when …
Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren M. Morrison
Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren M. Morrison
Vanderbilt Law Review
Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors, and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability risks degrading the value of the information obtained …
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
Michigan Law Review
Fahrenheit 451 still speaks to us, vibrantly and passionately, still haunts and vexes and disturbs. The novel has sold millions of copies, was reset for a fiftieth anniversary printing, and continues to be assigned reading in middle school, high school, and college courses. That power to endure is well worth contemplation, both for what it says about Ray Bradbury's literary imagination, and, more powerfully, for what it teaches us about our recent past, our present, and our own imagined future. First Amendment jurisprudence has taken giant leaps since Fahrenheit 451 was written, and American society has managed to avoid the …
Balancing Free Speech And Privacy Interests In The Public Media Disclosure Of Personal Medical Information (A Comparative Analysis Of Laws Of The United States And Those Of The United Kingdom Under The European Convention On Human Rights), Susan Zeller Dunn
Susan Z Dunn
This article examines one of the areas where privacy rights and free speech come into conflict -- media disclosure of personal medical information. It includes a summary of the significant changes in privacy law addressed in the United States, United Kingdom and within the European Court of Human Rights which impact the free speech/medical privacy debate. Further, it presents the premise that while current laws favor the public disclosure of certain types of health/medical problems (I.E. AIDS/HIV, mental illness, and substance abuse), as “a legitimate public concern,” the overall interests of the community are best served by vigilantly protecting the …
Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis
Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline Lipton
“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline Lipton
Jacqueline D Lipton
In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation – the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming …