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- Privacy (2)
- Americans with Disabilities Act (1)
- Communications (1)
- Communications; data; surveillance (1)
- Conflict (1)
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- Criminal history (1)
- Criminal history report (1)
- Criminal record (1)
- Criminal records database (1)
- Defamation (1)
- Deference (1)
- Discrimination (1)
- Fourth Amendment (1)
- Genetic Information Nondiscrimination Act (1)
- Hate speech (1)
- Internet (1)
- Misogyny (1)
- Online communities (1)
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- Privacy; reasonable expectation of privacy; surveillance; U.S. v. Jones; Kyllo v. U.S.; public significance (1)
- Statutory interpretation (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Online Harassment, Defamation, And Hateful Speech: A Primer Of The Legal Landscape, Alice E. Marwick, Ross Miller
Online Harassment, Defamation, And Hateful Speech: A Primer Of The Legal Landscape, Alice E. Marwick, Ross Miller
Center on Law and Information Policy
This interdisciplinary project focused on online speech directed at women and seeks to provide a primer on (i) what legal remedies, if any, are available for victims of sexist, misogynist, or harassing online speech, and (ii) if such legal remedies and procedures exist, whether practical hurdles stand in the way of victims’ abilities to stop harassing or defamatory behavior and to obtain legal relief. The study concluded that while online harassment and hateful speech is a significant problem, there are few legal remedies for victims. This is partly due to issues of jurisdiction and anonymity, partly due to the protection …
Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile
Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile
Faculty Scholarship
More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …
Privacy In Public, Joel R. Reidenberg
Privacy In Public, Joel R. Reidenberg
Faculty Scholarship
As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay addresses a key conceptual problem in US privacy law identified by Justice Sotomayor in U.S. v. Jones and by Justice Scalia in Kyllo v. U.S.; namely that technological capabilities undermine the meaning of the third-party doctrine and the 4th Amendment's ‘reasonable expectation of privacy’ standard. The essay argues that the conceptual problem derives from the evolution of three stages of development …
The Data Surveillance State In Europe And The United States, Joel R. Reidenberg
The Data Surveillance State In Europe And The United States, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain
Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain
Faculty Scholarship
Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whether transactional noncontent data should be shared with third parties, including law enforcement officials. This uncertainty about how to define public expectation as a descriptive matter has compelled courts to defer to legislatures to find out what public expectation ought to be more as a matter of prudence than doctrine. Courts and others presume that legislatures are far better than courts at defining public expectations about emergent technologies.This Essay argues that the reasonable …