Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (11)
- Consumer Protection Law (10)
- Internet Law (9)
- Intellectual Property Law (4)
- Communications Law (3)
-
- Science and Technology Law (3)
- Banking and Finance Law (2)
- Computer Law (2)
- Health Law and Policy (2)
- International Law (2)
- Law and Society (2)
- State and Local Government Law (2)
- Business (1)
- Business Administration, Management, and Operations (1)
- Business Law, Public Responsibility, and Ethics (1)
- Civil Procedure (1)
- Commercial Law (1)
- Common Law (1)
- Computer Sciences (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- E-Commerce (1)
- Information Security (1)
- Jurisprudence (1)
- Legal Remedies (1)
- Legislation (1)
- Litigation (1)
- Physical Sciences and Mathematics (1)
- Institution
-
- Loyola Marymount University and Loyola Law School (3)
- St. John's University School of Law (2)
- Cleveland State University (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
-
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Northern Illinois University (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- University of Richmond (1)
- University of San Diego (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Loyola of Los Angeles Law Review (3)
- St. John's Law Review (2)
- Canadian Journal of Law and Technology (1)
- Catholic University Law Review (1)
- FIU Law Review (1)
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Georgia Law Review (1)
- Indiana Law Journal (1)
- Journal of Law and Health (1)
- Marquette Intellectual Property & Innovation Law Review (1)
- Michigan Law Review (1)
- NYLS Law Review (1)
- Northern Illinois University Law Review (1)
- Richmond Journal of Law & Technology (1)
- SMU Law Review (1)
- San Diego International Law Journal (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Utah Law Review (1)
- Washington and Lee Law Review Online (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick
Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick
Georgia Law Review
There is a long-existing circuit split among federal courts of appeals as to whether an individual has standing under Article III of the United States Constitution when their personally identifying information (PII) is stolen from an entity to which they entrusted it such as a hospital or bank. Federal courts disagree as to whether an individual whose PII has been stolen—without more—has suffered an injury-in-fact, a necessary element of standing. The disagreement between the courts centers on whether the injury-in-fact has already occurred at the time the PII is stolen or whether the injury occurs once the PII has been …
The Need For Cyber Resilience Of Space Assets: Law And Policy Considerations Of Ensuring Cybersecurity In Outer Space, Daniella Febbraro
The Need For Cyber Resilience Of Space Assets: Law And Policy Considerations Of Ensuring Cybersecurity In Outer Space, Daniella Febbraro
Canadian Journal of Law and Technology
In 2018, NASA’s Jet Propulsion Laboratory was the subject of a data breach where over 500 megabytes of data from a major mission system was stolen by hackers. This attack affected NASA’s Deep Space Network, prompting the United States Johnson Space Center to disconnect the International Space Station from the affected gateway due to fears that mission systems could become compromised. NASA has acknowledged that its vast online presence, which includes thousands of publicly accessible datasets, offers a large potential target for cybercriminals. The 2018 incident was one of many, with NASA experiencing more than 6000 cyberattacks from 2017-2021 alone. …
Cyberattacks: An Underlying Condition Exacerbated By The Covid-19 Pandemic, Kaitlyn Palmeter
Cyberattacks: An Underlying Condition Exacerbated By The Covid-19 Pandemic, Kaitlyn Palmeter
The Journal of Business, Entrepreneurship & the Law
COVID-19 continues to change the world in unforeseen ways triggering a new era of corporate data breaches. This article will illustrate how cyberattacks have increased in severity during the pandemic, how current laws and government officials are trying to evolve with the current threats and technology, how victims of cyberattacks risk sanctions and potential lawsuits, and concludes by suggesting solutions throughout to increase Cybersecurity.
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …
Patching The Data Security Blanket: How A Stronger, Collaborative Ftc Is The Answer Right Under Our Nose, Jose A. Gonzalez Lopez
Patching The Data Security Blanket: How A Stronger, Collaborative Ftc Is The Answer Right Under Our Nose, Jose A. Gonzalez Lopez
Marquette Intellectual Property & Innovation Law Review
None
Circuit Courts Split: Victim Of A Data Breach? Can You “Stand” And Sue In Federal Court?, Darlyn De La Rosa
Circuit Courts Split: Victim Of A Data Breach? Can You “Stand” And Sue In Federal Court?, Darlyn De La Rosa
FIU Law Review
No abstract provided.
Forging A Path Towards Meaningful Digital Privacy: Data Monetization And The Ccpa, Rebecca Harris
Forging A Path Towards Meaningful Digital Privacy: Data Monetization And The Ccpa, Rebecca Harris
Loyola of Los Angeles Law Review
The California Consumer Privacy Act (CCPA) was passed in response to a number of newsworthy data breaches with widespread impacts, and which revealed how little digital privacy consumers actually have. Despite the large market for consumer data, individual consumers generally do not earn money when their personal data are sold. Further, consumers have very little control over who collects their data, what information is collected, and with whom it is shared. To place control back in the hands of the consumer, affirmative consent should be required to collect and sell consumer’s data, and consumers should have the ability to sell …
Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix Wu, Justin Hughes
Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix Wu, Justin Hughes
Loyola of Los Angeles Law Review
Loyola of Los Angeles Law Review is pleased to publish the third “symposium discussion” series in which leading experts are invited to engage in an evening symposium on a new or emerging area of law. The subject of our second evening symposium was the California Consumer Privacy Act (CCPA), a statute signed into state law by then- Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020.
As with most new law, there are many unsettled issues, disagreements about the likely impact of the law, and much to be developed as regulations are established and the …
Untangling The Privacy Law Web: Why The California Consumer Privacy Act Furthers The Need For Federal Preemptive Legislation, Jordan Yallen
Untangling The Privacy Law Web: Why The California Consumer Privacy Act Furthers The Need For Federal Preemptive Legislation, Jordan Yallen
Loyola of Los Angeles Law Review
No abstract provided.
The (Possibly) Injured Consumer: Standing In Data Breach Litigation, Lauren M. Lozada
The (Possibly) Injured Consumer: Standing In Data Breach Litigation, Lauren M. Lozada
St. John's Law Review
(Excerpt)
This Note will address the question of what factors a prospective plaintiff must display to “push [a] threatened injury of future identity theft beyond the speculative to the sufficiently imminent.” Part I will delve into relevant statistics to identify the characteristics of a data breach that most often lead to eventual identity theft. Part II will explore recent data breach standing cases and analyze the factual differences and legal perspectives that have led to disparate results among the federal circuits. Lastly, Part III will recommend a method for evaluating future data breach standing issues.
Legislative And Regulatory Obligations On Corporate Attorneys: Production Data In The World Of Sarbanes Oxley And General Data Protections, David Tersteeg
Legislative And Regulatory Obligations On Corporate Attorneys: Production Data In The World Of Sarbanes Oxley And General Data Protections, David Tersteeg
Northern Illinois University Law Review
Sarbanes Oxley, General Data Protection Regulation, and the American Bar Association's Model Rules place significant professional and personal obligations on attorneys who represent organizations in regard to their organization's handling of production and personal data. There are significant areas of vulnerability to the production and personal data that are frequently overlooked or ignored which significantly increase the likelihood and damage from a data breach. This article will provide an overview of the obligations, recent data breaches, the foreseeability and material impacts of data breaches, and a methodology to drive improvement in an organization.
The Path To Standing: Asserting The Inherent Injury Of The Data Breach, Jennifer M. Joslin
The Path To Standing: Asserting The Inherent Injury Of The Data Breach, Jennifer M. Joslin
Utah Law Review
Data breaches are on the rise as consumers continue to exchange personally identifiable information for goods and services in sectors from retail to healthcare. In the aftermath of a data breach, it has been difficult for victims of the breach to establish Article III standing to sue in federal courts. The primary hurdle for those seeking a remedy for the theft of their data has been showing that they have suffered an injury-in-fact. Plaintiffs typically assert an injury based on the increased risk of identity theft following a breach. However, courts have divided on whether such an injury satisfies the …
Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom
Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom
St. John's Law Review
(Excerpt)
This Note argues that current law is inadequate to protect consumers in light of the prevalence and severity of data breaches in recent years, and that a unifying federal legislation combining portions of state law and the DSBNA should be enacted. Part I of this Note analyzes the DSBNA for notification requirements when data breaches occur, the requirements for the implementation of security policies, regulatory mechanisms for monitoring compliance with these requirements, and criminal penalties for failing to comply. Part II summarizes the various state laws that exist for notification of data breaches. Part III proposes a model federal …
Chambliss V. Carefirst, Inc., Sarah Fucci
Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera
Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera
Fordham Intellectual Property, Media and Entertainment Law Journal
As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security …
Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt
Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt
SMU Law Review
No abstract provided.
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Catholic University Law Review
As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take action against businesses …
The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan
The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan
Richmond Journal of Law & Technology
After over thirty data breaches spanning the third and fourth quarter of 2012, Forbes magazine labeled the summer of 2012 as “The Summer of the Data Breach.” Four years later, businesses across multiple industries have suffered brand-image damage and paid millions of dollars in remedial expenses; we are living in the era of the mega breach. In 2014, companies such as Target, Home Depot, JP Morgan Chase, Anthem, Sony, UPS, Jimmy John’s, Kmart, Neiman Marcus, Community Health Systems, and the White House suffered data breaches. The Home Depot breach alone resulted in the loss of “56 million credit card accounts,” …
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
Michigan Law Review
Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further …
Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison, Arthur R. Vorbrodt
Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison, Arthur R. Vorbrodt
Washington and Lee Law Review Online
No abstract provided.
Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning
Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning
San Diego International Law Journal
This Comment will explore the right to be forgotten, how it is recognized in the European Union, and the trend toward the existence of such a right in the United States. Additionally, this comment will discuss how the right to be forgotten could lessen the impact data breaches have on individuals through the lens of the Ashley Madison hack. Lastly, this comment will discuss how, if the United States narrowed the scope of the European Union’s concept of the right to be forgotten to fit into the United States’ view of privacy and the First Amendment, the impact of data …
Incentivizing The Protection Of Personally Identifying Consumer Data After The Home Depot Breach, Ryan F. Manion
Incentivizing The Protection Of Personally Identifying Consumer Data After The Home Depot Breach, Ryan F. Manion
Indiana Law Journal
The breach of payment card systems at the Home Depot in 2014 resulted in the theft of a wealth of information. This Note will examine the facts and legal consequences of the Home Depot breach under three separate frameworks. First, this Note will examine the Home Depot’s responsibilities arising under existing data breach notification statutes. Second, this Note examines the Home Depot’s potential liability if the recent bill introduced by Senator Leahy of Vermont proposing a federal data breach notification framework becomes law; ultimately, however, this Note finds that state notification statutes fail to adequately protect consumers, and Senator Leahy’s …
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Journal of Law and Health
This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.