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- Selected Works (9)
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- Associate Professor Katina Michael (3)
- Professor Katina Michael (3)
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- Subhajit Basu (1)
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Articles 1 - 28 of 28
Full-Text Articles in Law
Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael
Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael
Associate Professor Katina Michael
The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …
Virtual Parentalism, Joshua A.T. Fairfield
Virtual Parentalism, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.
Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael
Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael
Professor Katina Michael
This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
Simon Chesterman
This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …
Glogging Your Every Move, Lisa Wachsmuth, Katina Michael
Glogging Your Every Move, Lisa Wachsmuth, Katina Michael
Professor Katina Michael
"It is one thing to lug technologies around, another thing to wear them, and even more intrusive to bear them... But that's the direction in which we're headed."
"I think we're entering an era of person-view systems which will show things on ground level and will be increasingly relayed to others via social media.
"We've got people wearing recording devices on their fingers, in their caps or sunglasses - there are huge legal and ethical implications here."
Survey Of Recent European Union Privacy Developments, W. Gregory Voss
Survey Of Recent European Union Privacy Developments, W. Gregory Voss
W. Gregory Voss
The Spanish law implementing the European Union (EU) Data Protection Directive, advisory guidance on consent, facial recognition and biometric technologies from the European Union Article 29 Data Protection Working Party (WP29) , and proposals for EU data protection law reform are analyzed in this survey piece. EU legislative processes are illustrated by a specific occurence: Spanish Organic Law 15/1999 on the Protection of Personal Data is reviewed in the context of Court of Justice of the European Union (ECJ) joined cases, Asociación Nacional de Establecimientos Financieros de Crédito (ASNEF) v. Administración del Estado, and Federación de Comercio Electrónico y Marketing …
Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.
Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.
Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino
Who's In Charge Here? Information Privacy In A Social Networking World, Lisa Di Valentino
FIMS Presentations
No abstract provided.
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Michigan Law Review
Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …
The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika
The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika
Law Faculty Articles and Essays
This article will examine issues as they relate to the privacy of employees’ lives given that nearly everything can be discovered by some form of electronic monitoring. It will posit that most laws as they exist today do little to apprise either the employer or the employee as to what type of electronic monitoring of personal communications is acceptable. It will further propose that most employer policies related to scrutinizing employee electronic communications are vague and unsuitable. The article will conclude that, given the leeway employers tend to be given (often justifiably so) in monitoring employees there is little chance …
Access For All: A Review Of “Law Libraries, Government Transparency, And The Internet,” A Presentation By Daniel Schuman Of The Sunlight Foundation At The All-Sis Meeting, July 22, 2012, Susan David Demaine
Access For All: A Review Of “Law Libraries, Government Transparency, And The Internet,” A Presentation By Daniel Schuman Of The Sunlight Foundation At The All-Sis Meeting, July 22, 2012, Susan David Demaine
Articles by Maurer Faculty
Attendees at the ALL-SIS Breakfast and Business Meeting at the AALL Annual Meeting had the pleasure of hearing from Daniel Schuman of the Sunlight Foundation speak on “Law Libraries, Government Transparency, and the Internet.” The Sunlight Foundation is a nonpartisan, nonprofit organization whose mission is to increase access to federal government information resources through advocacy and the development of information technology tools.
Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross
Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross
Walter Effross
No abstract provided.
Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza
Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza
University of Arkansas at Little Rock Law Review
A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.
After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of …
When Antitrust Met Facebook, Christopher S. Yoo
When Antitrust Met Facebook, Christopher S. Yoo
All Faculty Scholarship
Social networks are among the hottest phenomena on the Internet. Facebook eclipsed Google as the most visited website in both 2010 and 2011. Moreover, according to Nielsen estimates, as of the end of 2011 the average American spent nearly seven hours per month on Facebook, which is more time than they spent on Google, Yahoo!, YouTube, Microsoft, and Wikipedia combined. LinkedIn’s May 19, 2011 initial public offering (“IPO”) surpassed expectations, placing the value of the company at nearly $9 billion, and approximately a year later, its stock price had risen another 20 percent. Facebook followed suit a year later with …
Social Implications Of Technology: Past, Present, And Future, Karl D. Stephan, Katina Michael, M.G. Michael, Laura Jacob, Emily Anesta
Social Implications Of Technology: Past, Present, And Future, Karl D. Stephan, Katina Michael, M.G. Michael, Laura Jacob, Emily Anesta
Professor Katina Michael
The social implications of a wide variety of technologies are the subject matter of the IEEE Society on Social Implications of Technology (SSIT). This paper reviews the SSIT’s contributions since the Society’s founding in 1982, and surveys the outlook for certain key technologies that may have significant social impacts in the future. Military and security technologies, always of significant interest to SSIT, may become more autonomous with less human intervention, and this may have both good and bad consequences. We examine some current trends such as mobile, wearable, and pervasive computing, and find both dangers and opportunities in these trends. …
Book Review: Securing The Cloud: Cloud Computer Security Techniques And Tactics, Katina Michael
Book Review: Securing The Cloud: Cloud Computer Security Techniques And Tactics, Katina Michael
Associate Professor Katina Michael
With so much buzz around Cloud Computing, books like this one written by Winkler are much in demand. Winkler’s experience in the computing business shines through and as readers we are spoiled with a great deal of useful strategic information- a jam packed almost 300 page volume on securing the cloud.
Information Revolution: “Choice Of Control” To “Choice And Control”, Subhajit Basu, Christina Munns
Information Revolution: “Choice Of Control” To “Choice And Control”, Subhajit Basu, Christina Munns
Subhajit Basu
Please do not cite without permission of the authors.
In this article, we critically analyse whether the ‘privacy framework’ for health records is ‘fit-for-purpose’ for the NHS’s ‘information revolution’ and argue that the NHS’s ‘proxy-individual’ information-guardian role could inadvertently mask individuals’ intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. We suggest that moving ‘choice of control’ to individuals will render ‘privacy’ redundant whilst validating ‘confidentiality’ via consent from empowered individuals. This power shift would expose the overdue need for options to increase levels of individual ‘control/privacy,’ moving from the NHS’s paternal ‘proxy-individual’ conception …
The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick
The Need To Prevent Employers From Accessing Private Social Network Profiles, Brett Novick
University of Michigan Journal of Law Reform Caveat
In March 2012, social network privacy became a conversation topic after news reports of the story of Justin Bassett, a job applicant who withdrew his application in the middle of an interview when the interviewer asked him for the username and password of his private Facebook account. Although the issue has received much attention from the public and media, the Department of Justice (DOJ) has stated that it has no interest in prosecuting employers for asking for social networking account information. Fortunately, legislation that would make it illegal for employers to ask for the username and passwords for social networking …
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Michigan Telecommunications & Technology Law Review
This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …
Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke
Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke
Associate Professor Katina Michael
Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …
"Do-Not-Track" As Contract, Joshua A.T. Fairfield
"Do-Not-Track" As Contract, Joshua A.T. Fairfield
Vanderbilt Journal of Entertainment & Technology Law
Support for enforcement of a do-not-track option in browsers has been gathering steam. Such an option presents a simple method for consumers to protect their privacy. The problem is how to enforce this choice. The Federal Trade Commission (FTC) could enforce a do-not-track option in a consumer browser under its section 5 powers. The FTC, however, currently appears to lack the political will to do so. Moreover, the FTC cannot follow the model of its successful do-not-call list since the majority of Internet service providers (ISPs) assign Internet addresses dynamically--telephone numbers do not change, whereas Internet protocol (IP) addresses may …
Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry, Amanda Conley, Anupam Datta
Sustaining Privacy And Open Justice In The Transition To Online Court Records: A Multidisciplinary Inquiry, Amanda Conley, Anupam Datta
Maryland Law Review
No abstract provided.
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Privacy & The Personal Prospectus: Should We Introduce Privacy Agents Or Regulate Privacy Intermediaries, Scott R. Peppet
Publications
No abstract provided.
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Cybercrime, Ronald C. Griffin
Cybercrime, Ronald C. Griffin
Journal Publications
This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.
Configuring The Networked Citizen, Julie E. Cohen
Configuring The Networked Citizen, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Among legal scholars of technology, it has become commonplace to acknowledge that the design of networked information technologies has regulatory effects. For the most part, that discussion has been structured by the taxonomy developed by Lawrence Lessig, which classifies "code" as one of four principal regulatory modalities, alongside law, markets, and norms. As a result of that framing, questions about the applicability of constitutional protections to technical decisions have taken center stage in legal and policy debates. Some scholars have pondered whether digital architectures unacceptably constrain fundamental liberties, and what "public" design obligations might follow from such a conclusion. Others …
Expectations Of Privacy In Social Media, Stephen E. Henderson
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 …