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2016

Privacy Law

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Articles 1 - 30 of 201

Full-Text Articles in Law

Knowledge And Fourth Amendment Privacy, Matthew Tokson Dec 2016

Knowledge And Fourth Amendment Privacy, Matthew Tokson

Northwestern University Law Review

This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.

This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …


Seattle Surveillance Ordinance Memo, Christopher Stevenson Dec 2016

Seattle Surveillance Ordinance Memo, Christopher Stevenson

Technology Law and Public Policy Clinic

No abstract provided.


Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood Dec 2016

Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood

Journal of Legislation

While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S. Congress has nonetheless to date refused to seriously address the root cause of these threats. The root cause is a legally reinforced incentive system that encourages, and further entrenches, top management decisions that provide inadequate resources for, and inadequate top management attention to, information security and privacy …


Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes Dec 2016

Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes

Journal of Law and Policy

The Fourth Amendment, which affords individuals protection from unreasonable searches and seizures, was ratified over two hundred years ago. As such, it was impossible for the Amendment’s framers to conceive the technologies that exist today. As technology progresses, courts are often faced with the task of deciding how the Fourth Amendment should apply in the modern world. As Fourth Amendment jurisprudence has developed, the Supreme Court has originated tests and doctrines for courts to use when hearing Fourth Amendment challenges to government action. One such test, the ‘reasonable expectation of privacy’ test, looks to see whether an individual has a …


Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb Dec 2016

Informed Consent For The Use And Storage Of Residual Dried Blood Samples From State-Mandated Newborn Genetic Screening Programs, Tufik Y. Shayeb

Buffalo Law Review

No abstract provided.


Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon Dec 2016

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …


“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts Dec 2016

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …


Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen Dec 2016

Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen

All Faculty Scholarship

Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply …


The Privacy Policymaking Of State Attorneys General, Danielle K. Citron Dec 2016

The Privacy Policymaking Of State Attorneys General, Danielle K. Citron

Faculty Scholarship

Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory change, however, have been ignored: the state attorneys general. This article is the first in-depth study of the privacy norm entrepreneurship of state attorneys general. Because so little has been written about this phenomenon, I engaged with primary sources — first interviewing state attorneys general and current and former career staff, and then examining documentary evidence received through FOIA requests submitted to AG offices around the country.

Much as Justice Louis Brandeis imagined states as laboratories of the law, offices …


The Right Of Privacy Nov 2016

The Right Of Privacy

The Catholic Lawyer

No abstract provided.


Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury Nov 2016

Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury

Notre Dame Law Review

Body camera implementation remains in its infancy stage. As such,

there is a dearth of legal scholarship analyzing the policy considerations associated

with body cameras. Instead of raising the issues involved and assessing

arguments for and against implementation, this Note assumes body cameras

are a force for good and are here to stay for the long haul. Consequently, the

goal of this Note is to analyze various issues involved in administering body

cameras against a backdrop of recently enacted state legislation—focusing

specifically on the tension between protecting privacy interests while also

ensuring public access to recordings. This Note examines these …


Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty Oct 2016

Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty

BYU Law Review

No abstract provided.


Private Norms And Public Spaces, Nicole Stelle Garnett Oct 2016

Private Norms And Public Spaces, Nicole Stelle Garnett

Nicole Stelle Garnett

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms


Privatization Of The Judiciary, Eldar Haber Oct 2016

Privatization Of The Judiciary, Eldar Haber

Seattle University Law Review

The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …


Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden Oct 2016

Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden

Seattle University Law Review

This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes a clinical …


Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, Doris Deltosto Brogan Oct 2016

Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, Doris Deltosto Brogan

Villanova Law Review

No abstract provided.


Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter Oct 2016

Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter

Anne Klinefelter

No abstract provided.


Private Law In The Gaps, Jeffrey A. Pojanowski Oct 2016

Private Law In The Gaps, Jeffrey A. Pojanowski

Jeffrey A. Pojanowski

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …


The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise Oct 2016

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Journal of Intellectual Property Law

No abstract provided.


The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, Tawfiq Alashoor Oct 2016

The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, Tawfiq Alashoor

KSU Proceedings on Cybersecurity Education, Research and Practice

In the U.S., there is no comprehensive national law regulating the collection and use of personal information. As a response to the high level of privacy concerns among U.S. citizens and the currently limited regulations, states have enacted their own privacy laws over and above the principles of Fair Information Practices (FIP). In this exploratory study, we draw upon the privacy literature and the Restricted Access/Limited Control (RALC) theory of privacy to study the privacy concerns phenomenon with a multilevel theoretical lens. We introduce and test three novel propositions pertaining to the impact of state level privacy regulations on privacy …


Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter Oct 2016

Reader Privacy In Digital Library Collaborations: Signs Of Commitment, Opportunities For Improvement, Anne Klinefelter

Faculty Publications

Libraries collaborate to digitize collections large and small in order to provide information with fewer geographical, temporal, or socio-economic barriers. These collaborations promise economy of scale and breadth of impact, both for access to content and for preservation of decaying print source material. Some suggest this increased access to information through the digital environment comes at the expense of reader privacy, a value that United States librarians have advanced for nearly eighty years. Multiplying risks to digital reader privacy are said to weaken librarians’ commitment to privacy of library use and to overwhelm libraries’ ability to ensure confidential access to …


Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss Oct 2016

Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss

Washington Journal of Law, Technology & Arts

Through strengthened third-party obligations for data protection, the European Union’s General Data Protection Regulation will export privacy norms. However, developing economies may want to consider a co-regulatory industry approach to data protection before adopting similar national legislation. The General Data Protection Regulation can be an ideal model for global harmonization of privacy laws, particularly for adoption among industries and willing participants. To benefit from a co-regulatory approach, however, a developing economy would need to invest in education and legal systems in order to capture the benefits of the growing e-commerce market that will undoubtedly be influenced by the General Data …


The Second Amendment Burden: Arming Courts With A Workable Standard For Reviewing Gun Safety Legislation, Melanie Kalmanson Oct 2016

The Second Amendment Burden: Arming Courts With A Workable Standard For Reviewing Gun Safety Legislation, Melanie Kalmanson

Florida State University Law Review

Two controversial topics; one framework. Jurisprudence surrounding the Second Amendment to the U.S. Constitution lacks a workable standard under which courts are to review gun control legislation. This Note presents an intersectional argument whereby the abortion “undue burden” framework is applied to Second Amendment legislation. Through this approach of applying the abortion framework to gun control legislation, like those recently proposed or discussed, this Note argues that these provisions would likely be constitutional. Though abortion is at the center of this discussion, this Note does not aim to contribute to discourse concerning reproductive rights and accepts prima facie the current-standing …


Equitable Recovery For Ashley Madison Hack Victims: The Federal Trade Commission As Executor Of A Narrow Right To Be Forgotten In The United States, Mackenzie Olson Oct 2016

Equitable Recovery For Ashley Madison Hack Victims: The Federal Trade Commission As Executor Of A Narrow Right To Be Forgotten In The United States, Mackenzie Olson

Washington Journal of Law, Technology & Arts

Events following the Ashley Madison data breach exposed the personal information of millions of users. Victims filed class action suits in multiple courts in the United States, seeking various forms of monetary and equitable relief. However, these plaintiffs have been unable to compel the removal of personal information from third-party Internet sites hosting the information previously circulated by hackers. Citizens of the European Union, by contrast, could likely compel the removal of such personal information. Unlike the United States, the European Union recognizes a “right to be forgotten”, which authorizes individuals to demand the removal of their personal information from …


Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril Oct 2016

Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril

Management Faculty Publications and Presentations

Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …


Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson Sep 2016

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson

Stephen E Henderson

Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.

My topic is not an easy one. The constitutional law …


Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton Sep 2016

Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton

Georgia Journal of International & Comparative Law

No abstract provided.


Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin Sep 2016

Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin

Duke Law & Technology Review

Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras may pose privacy concerns for individuals who are recorded, as the footage may fall under open records statutes that would require the footage to be released upon request. Furthermore, storage of video data is costly, and redaction of video for release is time-consuming. While exempting all body camera video from release would take care of privacy issues, it would also prevent the public …


Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman Aug 2016

Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman

Law School Blogs

No abstract provided.


Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang Aug 2016

Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang

Pace International Law Review

This article examines the limitations of the application of traditional information privacy theory to disputes relating to modern technologies. If information privacy is understood as an individual’s right to full control over his information, activities involving the collection, process and use of personal data cannot be conducted without the data subject’s consent because his privacy rights would be affected as a result of such activities. Instead of the privacy interest approach, this article introduces a privacy harm approach to reconcile the defects of traditional privacy theory. The privacy interest approach helps identify situations in which an individual’s information privacy conflicts …