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Regulating The Sixth Sense: The Growing Need For Forward-Looking Data Privacy And Device Security Policy As Illustrated By Brain-Computer Interfaces, Hannah Gallagher Jan 2021

Regulating The Sixth Sense: The Growing Need For Forward-Looking Data Privacy And Device Security Policy As Illustrated By Brain-Computer Interfaces, Hannah Gallagher

Washington University Journal of Law & Policy

Many of today’s consumers are skeptical of the vast amounts of information technology companies are capable of gathering. Methods of collecting such data have become more invasive over time and have the potential to become compromised or abused. Gallagher urges policymakers to consider the regulations necessary to address privacy and security risks associated with emerging biotechnology such as brain-computer interfaces (“BCI”) without disrupting innovation incentives.This Note analyzes the current state of augmentative BCI technology, the trend of increasingly invasive technology, and proposed policy solutions for governing data privacy. Since BCIs will be collecting data on consumers’ neural signals ...


Cybersecurity And Executive Power, David W. Opderbeck Jan 2012

Cybersecurity And Executive Power, David W. Opderbeck

Washington University Law Review

This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national emergency. The threats posed by cybercrime, cyberwarfare, and cyberterrorism are significant. It is imperative that national governments and international policymakers develop defenses and contingency plans for such attacks. At the same time, the threats to civil liberties posed by current legislative cybersecurity proposals are equally real. Executive power to disrupt Internet access in the name of security can become as potent a weapon against democracy as a hacker’s attempt to take down the power grid ...


A Schrödinger's Onion Approach To The Problem Of Secure Internet Communications, Joshua A. Altman Jan 2008

A Schrödinger's Onion Approach To The Problem Of Secure Internet Communications, Joshua A. Altman

Washington University Global Studies Law Review

The laws governing privacy in electronic communications have developed as a statutory response to a problem of constitutional magnitude. Congress enacted the Electronic Communications Privacy Act of 1986 (ECPA)(FN1) to extend constitutional norms to emerging contexts. Congress did so after the absence of such statutes caused confusion and uncertainty, obviated post hoc decision-making by the courts, and chilled rights. The age of the Internet has transformed our social conditions respecting the freedoms of speech and privacy, as well as our public needs respecting security. But the ECPA has not been amended to be Internet regarding. Those modifications which have ...


Database Protection—The European Way, F.W. Grosheide Jan 2002

Database Protection—The European Way, F.W. Grosheide

Washington University Journal of Law & Policy

In 1996, the European Union (EU) finally adopted the EU Database Directive (Directive). The Directive created a two-tier protection scheme for electronic and non-electronic databases. Member states are required to protect databases by copyright as intellectual creations, or to provide a novel sui generis right to prevent unauthorized extraction or re-utilization of the contents of a database. The difference between the two is that copyright infringement implies copying the structure, while the sui generis right infringement implies copying the contents themselves, irrespective of their copyrightability. It has yet to be seen, when considering the way in which member states have ...