Law Commons^™

Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino

Notre Dame Law Review

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …

A New Third-Party Doctrine: The Telephone Metadata Program And Carpenter V. United States, Mary-Kathryn Takeuchi

Notre Dame Law Review

This Note will answer the question of whether bulk metadata collection is still defensible under the third-party doctrine. It ultimately concludes that Chief Justice Roberts incorrectly asserted that Carpenter v. United States will not impact the application of the third-party doctrine to collection techniques involving national security, and that the warrantless collection of bulk metadata under the Foreign Intelligence Surveillance Act is no longer defensible by the third-party doctrine. In Section I.A, this Note discusses traditional Fourth Amendment jurisprudence in Katz v. United States and the establishment of the third-party doctrine as a bright-line rule in United States v. Miller …

A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li

Notre Dame Law Review

In Part I, this Note discusses the concerning regularity of high-profile data breaches that have occurred within the United States’ weak and patchwork landscape of cybersecurity law. Part II discusses the challenges companies face when attempting to comply with the current cybersecurity law, and why companies who are deemed compliant are still falling victim to hackers and data breaches. Part III makes a call for federal legislation to replace the current, inadequate, fragmented, and uneven landscape of cybersecurity law. Part IV discusses numerous factors and incentives to consider in creating an omnibus federal cybersecurity law. Finally, Part V offers some …

Marketplace Of Ideas, Privacy, And The Digital Audience, Alexander Tsesis

Notre Dame Law Review

The availability of almost limitless sets of digital information has opened a vast marketplace of ideas. Information service providers like Facebook and Twitter provide users with an array of personal information about products, friends, acquaintances, and strangers. While this data enriches the lives of those who share content on the internet, it comes at the expense of privacy.

Social media companies disseminate news, advertisements, and political messages, while also capitalizing on consumers’ private shopping, surfing, and traveling habits. Companies like Cambridge Analytica, Amazon, and Apple rely on algorithmic programs to mash up and scrape enormous amounts of online and otherwise …

Protecting Users Of Social Media, Margaret Ryznar

Notre Dame Law Review Reflection

Social media platforms started as a fun way to connect with friends and family. Since then, they have become a science fiction nightmare due to their capacity to gather and misuse the data on their users.

It is not irrational for social media providers to seek to capitalize on their data when they provide the platforms for free. Indeed, their business model is to sell data to third parties for marketing and other purposes. Yet, users should be able to expect that their data is not used to hurt them or is not sent to disreputable companies. Indeed, fewer people …

The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Histoshi Mayer

Journal Articles

For the optimist, government use of “Big Data” involves the careful collection of information from numerous sources. The government then engages in expert analysis of those data to reveal previously undiscovered patterns. Discovering patterns revolutionizes the regulation of criminal behavior, education, health care, and many other areas. For the pessimist, government use of Big Data involves the haphazard seizure of information to generate massive databases. Those databases render privacy an illusion and result in arbitrary and discriminatory computer-generated decisions. The reality is, of course, more complicated. On one hand, government use of Big Data may lead to greater efficiency, effectiveness, …