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Full-Text Articles in Law

Cambridge Analytica's Black Box, Margaret Hu Aug 2020

Cambridge Analytica's Black Box, Margaret Hu

Faculty Publications

The Cambridge Analytica–Facebook scandal led to widespread concern over the methods deployed by Cambridge Analytica to target voters through psychographic profiling algorithms, built upon Facebook user data. The scandal ultimately led to a record-breaking $5 billion penalty imposed upon Facebook by the Federal Trade Commission (FTC) in July 2019. The FTC action, however, has been criticized as failing to adequately address the privacy and other harms emanating from Facebook’s release of approximately 87 million Facebook users’ data, which was exploited without user authorization. This Essay summarizes the FTC’s response to the Cambridge Analytica–Facebook scandal. It concludes that the scandal focuses …


The Territorial Reach Of Federal Courts, A. Benjamin Spencer Jul 2019

The Territorial Reach Of Federal Courts, A. Benjamin Spencer

Faculty Publications

Federal courts exercise the sovereign authority of the United States when they assert personal jurisdiction over a defendant. As components of the national sovereign, federal courts' maximum territorial reach is determined by the Fifth Amendment's Due Process Clause, which permits jurisdiction over persons with sufficient minimum contacts with the United States and over property located therein. Why, then, are federal courts limited to the territorial reach of the states in which they sit when they exercise personal jurisdiction in most cases? There is no constitutional or statutory mandate that so constrains the federal judicial reach. Rather, it is by operation …


Big Data Blacklisting, Margaret Hu Sep 2015

Big Data Blacklisting, Margaret Hu

Faculty Publications

“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …