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Articles 1 - 6 of 6

Full-Text Articles in Law

Data Privacy Regulation In The Age Of Smartphones, Matthew Hettrich Aug 2015

Data Privacy Regulation In The Age Of Smartphones, Matthew Hettrich

Touro Law Review

No abstract provided.


Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio Jul 2015

Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio

Akron Law Review

It is ironic that while recent legal history records the emergence of a constitutional right to privacy, the Supreme Court, in a line of cases from New York Times to Firestone, has restricted the common law tort of privacy. The legal issues are particularly complex and admittedly difficult to reconcile when the public disclosure tort comes in conflict with first amendment privileges. Expansion of the privacy tort need not necessarily impose an unreasonable burden on the news media, provided the Supreme Court distinguishes between defamation and privacy invasion and establishes and applies to the latter wrong its own legal principles.


The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla Jul 2015

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Rod Smolla

None available.


Privacy And The First Amendment Right To Gather News, Rodney A. Smolla Jul 2015

Privacy And The First Amendment Right To Gather News, Rodney A. Smolla

Rod Smolla

Not available.


Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle Jan 2015

Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle

Indiana Law Journal

Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …


Could Data Broker Information Threaten Physician Prescribing And Professional Behavior?, Marco D. Huesch, Michael K. Ong, Barak D. Richman Jan 2015

Could Data Broker Information Threaten Physician Prescribing And Professional Behavior?, Marco D. Huesch, Michael K. Ong, Barak D. Richman

Faculty Scholarship

Privacy is threatened by the extent of data collected and sold by consumer data brokers. Physicians, as individual consumers, leave a ‘data trail’ in the offline (e.g. through traditional shopping) and online worlds (e.g. through online purchases and use of social media). Such data could easily and legally be used without a physician’s knowledge or consent to influence prescribing practices or other physician professional behavior. We sought to determine the extent to which such consumer data was available on a sample of more than 3,000 physicians, healthcare faculty and healthcare system staff at one university’s health units. Using just work …