Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Privacy Law (53)
- Internet Law (15)
- Science and Technology Law (13)
- Fourth Amendment (12)
- Constitutional Law (11)
-
- Law and Society (11)
- Computer Law (9)
- Communications Law (8)
- Criminal Law (8)
- Criminal Procedure (8)
- First Amendment (8)
- Sexuality and the Law (6)
- Social and Behavioral Sciences (6)
- Administrative Law (5)
- Consumer Protection Law (5)
- Intellectual Property Law (5)
- Law Enforcement and Corrections (5)
- State and Local Government Law (5)
- Torts (5)
- Civil Law (4)
- Civil Procedure (4)
- Evidence (4)
- International Law (4)
- Legislation (4)
- Civil Rights and Discrimination (3)
- Comparative and Foreign Law (3)
- Health Law and Policy (3)
- Labor and Employment Law (3)
- Banking and Finance Law (2)
- Institution
-
- Selected Works (13)
- Boston University School of Law (10)
- University of Colorado Law School (5)
- Vanderbilt University Law School (5)
- American University Washington College of Law (3)
-
- New York Law School (3)
- Roger Williams University (3)
- The Catholic University of America, Columbus School of Law (3)
- University of Miami Law School (3)
- Chicago-Kent College of Law (2)
- Pepperdine University (2)
- St. John's University School of Law (2)
- St. Mary's University (2)
- University of Florida Levin College of Law (2)
- University of Michigan Law School (2)
- University of Pennsylvania Carey Law School (2)
- West Virginia University (2)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Florida International University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Maurer School of Law: Indiana University (1)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- Syracuse University (1)
- Publication
-
- Faculty Scholarship (10)
- Chris Jay Hoofnagle (4)
- Publications (4)
- All Faculty Scholarship (3)
- Articles & Chapters (3)
-
- Articles in Law Reviews & Other Academic Journals (3)
- Stephen E Henderson (3)
- Catholic University Journal of Law and Technology (2)
- Faculty Publications (2)
- UF Law Faculty Publications (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Vanderbilt Law Review (2)
- West Virginia Law Review (2)
- Akron Law Review (1)
- Articles by Maurer Faculty (1)
- Buffalo Law Review (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Christopher K. Odinet (1)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Elizabeth De Armond (1)
- FIMS Publications (1)
- Faculty Articles (1)
- Florida State University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia State University Law Review (1)
- Greg Sergienko (1)
- Joshua A.T. Fairfield (1)
- Journal of Law, Technology, & the Internet (1)
- Publication Type
Articles 1 - 30 of 87
Full-Text Articles in Law
Evolving Autonomous Vehicle Technology And The Erosion Of Privacy, Raquel Toral
Evolving Autonomous Vehicle Technology And The Erosion Of Privacy, Raquel Toral
University of Miami Business Law Review
No abstract provided.
Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson
Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson
Research Data
This document, Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), 93 Wash. L. Rev. Online 2051 (2018), https://www.law.uw.edu/wlr/online-edition/scott-skinner-thompson, was published as an electronic supplement to the empirical study, Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018), available at https://scholar.law.colorado.edu/articles/1218/.
The First Amendment In The Second Gilded Age, Jack M. Balkin
The First Amendment In The Second Gilded Age, Jack M. Balkin
Buffalo Law Review
How do we pay for the digital public sphere? In the Second Gilded Age, the answer is primarily through digital surveillance and through finding ever new ways to make money out of personal data. Digital capitalism in the Second Gilded Age features an implicit bargain: a seemingly unlimited freedom to speak in exchange for the right to surveil and manipulate end users.To protect freedom of speech in the Second Gilded Age we must distinguish the values of free speech from the judicially created doctrines of the First Amendment. That is because the practical freedom to speak online depends on a …
Privacy Spaces, Bert-Jaap Koops
Privacy Spaces, Bert-Jaap Koops
West Virginia Law Review
Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …
Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden
Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden
West Virginia Law Review
No abstract provided.
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
St. John's Law Review
(Excerpt)
This Article suggests that we would benefit if we would protect privacy by sometimes requiring tactful inattention by potential users rather than total secrecy by the target. That is, some legal privacy protections should stop emphasizing secrecy and instead emphasize the appropriate uses of personally identifiable and often sensitive information by gelling tactful inattention into legal standards. Culturally, such an expansion may be difficult, as we tend to a “finders-keepers” attitude towards data. However, given technology’s ability to dissolve routine barriers, if we require others to leave some information out of some equations, we may be able to retain …
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Loyola of Los Angeles Law Review
During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.
Although …
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Life of the Law School (1993- )
No abstract provided.
Common Sense: Rethinking The New Common Rule's Week Protections For Human Subjects, Ahsin Azim
Common Sense: Rethinking The New Common Rule's Week Protections For Human Subjects, Ahsin Azim
Vanderbilt Law Review
Since 1991, the Federal Policy for the Protection of Human Subjects, known as the "Common Rule," has protected the identifiable private information of human subjects who participate in federally funded research initiatives. Although the research landscape has drastically changed since 1991, the Common Rule has remained mostly unchanged since its promulgation. In an effort to modernize the Common Rule, the Federal Policy for the Protection of Human Subjects Final Rule ("Final Rule') was published on January 19, 2017. The Final Rule, however, decreases human-subject protections by increasing access to identifiable data with limited administrative oversight. Accordingly, the Final Rule demands …
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Dalhousie Law Journal
If I don't tell you that I was assigned male at birth, as a transgender person, can I go to jail for sexual assault by fraud? In some jurisdictionslike England or Israel, the answer is: yes. Previous arguments against this criminalisation have focused on the realness of trans people's genders: since trans men are men and trans women are women, it is not misleading for them to present as they do. Highlighting the limitationsofthis position, which doesn't fully account for the messiness ofgendered experiences, the author puts forward an argument against the criminalisation of (trans)gender history non-disclosure rooted in privacy. …
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
Mining For Children’S Data In Today’S Digital World, Damin Park
Mining For Children’S Data In Today’S Digital World, Damin Park
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Poor Mother's Right To Privacy: A Review, Danielle K. Citron
A Poor Mother's Right To Privacy: A Review, Danielle K. Citron
Faculty Scholarship
Collecting personal data is a feature of daily life. Businesses, advertisers, agencies, and law enforcement amass massive reservoirs of our personal data. This state of affairs—what I am calling the “collection imperative”—is justified in the name of efficiency, convenience, and security. The unbridled collection of personal data, meanwhile, leads to abuses. Public and private entities have disproportionate power over individuals and groups whose information they have amassed. Nowhere is that power disparity more evident than for the state’s surveillance of the indigent. Poor mothers, in particular, have vanishingly little privacy. Whether or not poor mothers receive subsidized prenatal care, the …
20th Annual Open Government Summit: Access To Public Records Act And Open Meetings Act, 2018, Department Of Attorney General, State Of Rhode Island
20th Annual Open Government Summit: Access To Public Records Act And Open Meetings Act, 2018, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
10
The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams
Florida State University Law Review
Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …
Technology Regulation By Default: Platforms, Privacy, And The Cfpb, Rory Van Loo
Technology Regulation By Default: Platforms, Privacy, And The Cfpb, Rory Van Loo
Faculty Scholarship
In the absence of a technology-focused regulator, diverse administrative agencies have been forced to develop regulatory models for governing their sphere of the data economy. These largely uncoordinated efforts offer a laboratory of regulatory experimentation on governance architecture. This symposium essay explores what the Consumer Financial Protection Bureau (CFPB) has done in its first several years to regulate financial technology (“fintech”), in the context of broader technology-related concerns identified in the literature. It begins with a survey of what the CFPB has undertaken using more traditional administrative agency tools—enforcement and rulemaking—in areas such as privacy, consumer control over data, and …
Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi
Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi
University of Miami International and Comparative Law Review
No abstract provided.
Historical Aspects Of Ensuring The Protection Of Personal Confidential Information, X. Paulaniyazov
Historical Aspects Of Ensuring The Protection Of Personal Confidential Information, X. Paulaniyazov
Review of law sciences
This article examines some of the historical problems and ways of solving these problems, in the field of privacy and protection of personal private confidential information.
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Law School Blogs
No abstract provided.
Self-Destruct Apps: Spoliation By Design?, Agnieszka Mcpeak
Self-Destruct Apps: Spoliation By Design?, Agnieszka Mcpeak
Akron Law Review
The Federal Rules of Civil Procedure are at risk of being out of sync with current technology trends. In particular, ephemeralmessaging applications, or “self-destruct apps,” are changing the way we conceptualize digital records. These apps embrace the industry goal of “privacy by design,” a positive trend in minimizing the amount of data that is created and stored. Civil discovery, on the other hand, contemplates data retention and preservation, particularly as to electronically stored information. This Article identifies the conflict between privacy by design—particularly self-destruct apps—and the civil discovery rules. It cautions against treating self-destruct apps as spoliation by design and …
Constitutional Shapeshifting: Giving The Fourth Amendment Substance In The Technology Driven World Of Criminal Investigation, Gerald S. Reamey
Constitutional Shapeshifting: Giving The Fourth Amendment Substance In The Technology Driven World Of Criminal Investigation, Gerald S. Reamey
Faculty Articles
For the first hundred years of the Fourth Amendment's life, gains in the technology of surveillance were modest. With the advent of miniaturization and ever-increasing sophistication and capability of surveillance and detection devices, the Supreme Court has struggled to adapt its understanding of "search" to the constantly evolving devices and methods that challenge contemporary understanding of privacy. In response to surveillance innovations, the Court has taken varying positions, focusing first on property-based intrusions by government, then shifting to privacy expectations, and, more recently, resurrecting the view that a trespass to property can define search.
This article surveys this constitutional odyssey, …
A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle
A Status Update For Texas Voir Dire: Advocating For Pre-Trial Internet Investigation Of Prospective Jurors, Luke A. Harle
St. Mary's Law Journal
The Internet provides trial attorneys an additional tool to investigate the backgrounds of prospective jurors during voir dire. Online searches of a person’s name and social media accounts can reveal information that could be used as grounds for a challenge for cause or to facilitate intelligent use of peremptory strikes. Texas lawmakers have not yet provided any official guidance as to whether attorneys can investigate prospective jurors online or how they might do so, should it be allowed. Texas’s current voir dire structure, judicial opinions, and ethics opinions, together, support the notion that Texas trial attorneys should be given opportunities …
The Biopolitical Public Domain: The Legal Construction Of The Surveillance Economy, Julie E. Cohen
The Biopolitical Public Domain: The Legal Construction Of The Surveillance Economy, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Within the political economy of informational capitalism, commercial surveillance practices are tools for resource extraction. That process requires an enabling legal construct, which this essay identifies and explores. Contemporary practices of personal information processing constitute a new type of public domain — a repository of raw materials that are there for the taking and that are framed as inputs to particular types of productive activity. As a legal construct, the biopolitical public domain shapes practices of appropriation and use of personal information in two complementary and interrelated ways. First, it constitutes personal information as available and potentially valuable: as a …
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild
Cleveland State Law Review
Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by …
Big Brother Is Watching: When Should Georgia Get Involved In Issues Of Family Privacy To Protect Children’S Liberties?, Michelle Wilco
Big Brother Is Watching: When Should Georgia Get Involved In Issues Of Family Privacy To Protect Children’S Liberties?, Michelle Wilco
Georgia State University Law Review
Alecia Faith Pennington (Faith) did not officially exist until she was nineteen. Faith’s conservative, religious parents, Lisa and James, raised their nine children on the family farm just outside Kerrville, Texas, and kept their family as self-sufficient and separate from the rest of the world as possible.
The family was very insular; the parents home schooled all of the children, and the family rarely left their home, with the rare exception of going to church. Lisa and James also prohibited their children from using the Internet until they were eighteen, at which point they were only allowed limited access to …
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
Works of the FIU Libraries
This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.
Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …
The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano
University of Miami Law Review
Today’s world runs on data. The creation and improvement of technological products and services depend on the exchange of data between people and companies. As people’s lives become more digitized, companies can collect, store, and analyze more data, and in turn, create better technology. But, because consumer data can be very sensitive (think Social Security numbers, GPS location, fingerprint recognition, etc.) this cyclical exchange comes with serious privacy risks; especially in light of more frequent and sophisticated cyberattacks. This creates a face-off between technological growth and privacy rights. While it makes sense that people should be willing to subside some …
The Language-Game Of Privacy, Joshua A.T. Fairfield
The Language-Game Of Privacy, Joshua A.T. Fairfield
Joshua A.T. Fairfield
A review of Ronald J. Krotoszynski, Jr., Privacy Revisited: A Global Perspective on the Right to Be Left Alone.
Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond
Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George
Utah Law Faculty Scholarship
This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. This article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector companies …