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Articles 1 - 7 of 7
Full-Text Articles in Law
Reviving Implied Confidentiality, Woodrow Hartzog
Reviving Implied Confidentiality, Woodrow Hartzog
Indiana Law Journal
The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.
Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …
The (Data Privacy) Law Hasn't Even Checked In When Technology Takes Off, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
The (Data Privacy) Law Hasn't Even Checked In When Technology Takes Off, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Taking Stock After Four Years, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Taking Stock After Four Years, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Systematic Government Access To Private-Sector Data Redux, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Articles by Maurer Faculty
An individual has little to no ability to prevent online commercial actors from collecting, using, or disclosing data about her. This lack of individual choice is problematic in the Big Data era because individual privacy interests are threatened by the ever increasing number of actors processing data, as well as the ever increasing amount and types of data being processed. This Article argues that online commercial actors should be required to receive an individual’s opt-in consent prior to data processing as a way of protecting individual privacy. I analyze whether an opt-in requirement is constitutionally permissible under the First Amendment …
When Two Worlds Collide: The Interface Between Competition Law And Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
When Two Worlds Collide: The Interface Between Competition Law And Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Articles by Maurer Faculty
No abstract provided.
Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare
Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare
Articles by Maurer Faculty
No abstract provided.