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Full-Text Articles in Law
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Indiana Journal of Global Legal Studies
To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.
Leap-Ahead Privacy As A Government Responsibility In The Digital Age, David G. Delaney, Ivan K. Fong
Leap-Ahead Privacy As A Government Responsibility In The Digital Age, David G. Delaney, Ivan K. Fong
Articles by Maurer Faculty
No abstract provided.
Principles Of Internet Privacy, Fred H. Cate
Principles Of Internet Privacy, Fred H. Cate
Articles by Maurer Faculty
The definition of privacy developed by Brandeis and Warren and Prosser, and effectively codified by Alan Westin in 1967 - the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others - worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered.
But that definition's exclusive focus on individual control has grown incomplete in a world in which most privacy concerns involve …
The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate
The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate
Articles by Maurer Faculty
Among the wide variety of national and multinational legal regimes for protecting privacy, two dominant models have emerged, reflecting two very different approaches to the control of information. The European Union has enacted a sweeping data protection directive that imposes significant restrictions on most data collection, processing, dissemination, and storage activities, not only within Europe, but throughout the world if the data originates in a member state. The United States has taken a very different approach that extensively regulates government processing of data, while facilitating private, market-based initiatives to address private sector data processing.
Under the EU data protection directive, …
The Eu Data Protection Directive, Information Privacy, And The Public Interest, Fred H. Cate
The Eu Data Protection Directive, Information Privacy, And The Public Interest, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.