Law Commons^™

American Bar Association Criminal Justice Standards On Law Enforcement Access To Third Party Records, Stephen E. Henderson

Stephen E Henderson

Western Union, The American Federation Of Labor, Google, And The Changing Face Of Privacy Advocates, Wesley Oliver

Wesley M Oliver

No abstract provided.

Expectations Of Privacy In Social Media, Stephen E. Henderson

Stephen E Henderson

This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …

Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague

Robert Sprague

This Article examines the contrasting policy and legal frameworks relating to data privacy in the United States and the European Union, with a particular focus on workplace privacy and intrusive surveillance technologies and practices. It examines the U.S. perspective on modern work-related employer monitoring practices, the laws giving rise to possible employee privacy rights, and specific types of employer monitoring that may lead to actionable invasions of employee privacy rights. This article then addresses the issue of employee privacy from the EU perspective, beginning with an overview of the formation of authority to protect individual privacy rights, followed by an …

Invasion Of The Social Networks: Blurring The Line Between Personal Life And The Employment Relationship, Robert Sprague

Robert Sprague

Over one-half billion people worldwide have registered accounts with Facebook, the most popular online social network. This article addresses some of the more significant employment-related legal issues arising from the growing popularity of online social networks. First, the need for employers to investigate the background of prospective employees is examined from the context of employers using online social networks to conduct those investigations. In particular, this article analyzes the degree to which job applicants have privacy rights in the information they post online. This article then examines the interrelationship between online social networks and employees, focusing on limitations faced by …

The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson

Stephen E Henderson

In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …

The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson

Stephen E Henderson

Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson

Stephen E Henderson

For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …