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Articles 1 - 6 of 6
Full-Text Articles in Law
Chasing Bits Across Borders, Patricia L. Bellia
Chasing Bits Across Borders, Patricia L. Bellia
Patricia L. Bellia
As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang
Journal of the National Association of Administrative Law Judiciary
The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.
Privacy, Transparency & Google's Blurred Glass, Jonathan I. Ezor
Privacy, Transparency & Google's Blurred Glass, Jonathan I. Ezor
Jonathan I. Ezor
No matter the context or jurisdiction, one concept underlies every view of the best practices in data privacy: transparency. The mandate to disclose what personal information is collected, how it is used, and with whom and for what purpose it is shared, is essential to enable informed consent to the collection, along with the other user rights that constitute privacy best practices. Google, which claims to support and offer transparency, is increasingly opaque about its many products and services and the information they collect for it, posing a significant privacy concern.
The New American Privacy, Richard J. Peltz-Steele
The New American Privacy, Richard J. Peltz-Steele
Faculty Publications
Conventional wisdom paints U.S. and European approaches to privacy at irreconcilable odds. But that portrayal overlooks a more nuanced reality of privacy in American law. The free speech imperative of U.S. constitutional law since the civil rights movement shows signs of tarnish. And in areas of law that have escaped constitutionalization, such as fair-use copyright and the freedom of information, developing personality norms resemble European-style balancing. Recent academic and political initiatives on privacy in the United States emphasize subject control and contextual analysis, reflecting popular thinking not so different after all from that which animates Europe’s 1995 directive and 2012 …
Global Governance In The Information Age: The Terrorist Finance Tracking Program, Hannah Bloch-Wehba
Global Governance In The Information Age: The Terrorist Finance Tracking Program, Hannah Bloch-Wehba
Faculty Scholarship
Europe has long been deemed "more protective" of privacy than the United States. In the context of transatlantic cooperation in the war on terrorism, divergences in privacy law and policy have become ever more apparent. As has always been the case, the same technologies that pose new and vital privacy issues with regard to personal information and private data are those that are important sources for government actors, including law enforcement and intelligence agencies. Despite the increasing reliance by national agencies on information flowing from other nations, regulation of information transfer, processing and sharing has been achieved largely outside of …
Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague
Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague
Robert Sprague
Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.