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Full-Text Articles in Law
Information Privacy Litigation As Bellwether For Institutional Change, Julie E. Cohen
Information Privacy Litigation As Bellwether For Institutional Change, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Information privacy litigation is controversial and headline-grabbing. New class complaints are filed seemingly every few weeks. Legal scholars vie with one another to articulate more comprehensive theories of harm that such lawsuits might vindicate. Large information businesses and defense counsel bemoan the threats that information privacy litigation poses to corporate bottom lines and to “innovation” more generally. For all that, though, the track record of litigation achievements on the information privacy front is stunningly poor. This essay examines emerging conventions for disposing of information privacy claims, including denial of standing, enforcement of boilerplate waivers, denial of class certification, and the …
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
T. Noble Foster
This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …
Patenting Cryptographic Technology, Greg Vetter
Patenting Cryptographic Technology, Greg Vetter
Chicago-Kent Law Review
The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Chicago-Kent Law Review
This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.