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Full-Text Articles in Law

Privacy, Eh! The Impact Of Canada's Personal Information Protection And Electronic Documents Act On Transnational Business, Juliana M. Spaeth, Mark J. Plotkin, Sandra C. Sheets Jan 2002

Privacy, Eh! The Impact Of Canada's Personal Information Protection And Electronic Documents Act On Transnational Business, Juliana M. Spaeth, Mark J. Plotkin, Sandra C. Sheets

Vanderbilt Journal of Entertainment & Technology Law

In 2002, the requirements imposed by PIPEDA will extend to encompass all personal health information. PIPEDA will ultimately extend to the collection, use, or disclosure of all personal information in the course of any commercial activity within a province in 2004. This change in Canadian law carries significant consequences for the general business practices of American companies that conduct, or may conduct, business with Canadians. It is therefore crucial for lawyers with clients collecting personal data on- and offline to familiarize themselves with its requirements in order to counsel clients effectively about their current and future obligations under this privacy …

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An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein Jan 2002

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Reasonable Expectations And The Erosion Of Privacy, Shaun B. Spencer Jan 2002

Reasonable Expectations And The Erosion Of Privacy, Shaun B. Spencer

San Diego Law Review

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract or (at least in theory) expand in accordance with changing social expectations. This expectation-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is …

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Japan's Communications Interception Act: Unconstitutional Invasion Of Privacy Or Necessary Tool?, Lillian R. Gilmer Jan 2002

Japan's Communications Interception Act: Unconstitutional Invasion Of Privacy Or Necessary Tool?, Lillian R. Gilmer

Vanderbilt Journal of Transnational Law

In August 1999, Japan became the last of the G8 nations to pass legislation to allow law enforcement to wiretap communications. For some, passage of the law was long overdue; for others, its passage marked the beginning of an impermissible government encroachment on civil rights. This Note examines Japan's Communications Interception Act, the forces in Japanese society creating the need for the law, and the reasons why the law is being challenged. Part II examines the policy behind the law, its history, and public reaction to the law. Part III presents the history of organized crime in Japan, and a …

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Access And Aggregation: Privacy, Public Records, And The Constitution, Daniel J. Solove Jan 2002

Access And Aggregation: Privacy, Public Records, And The Constitution, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this article, Professor Solove develops a theory to reconcile the tension between transparency and privacy in the context of public records. Federal and state governments maintain public records containing personal information spanning an individual's life from birth to death. The web of state and federal regulation that governs the accessibility of these records generally creates a default rule in open access to information. Solove contends that the ready availability of public records creates a significant problem for privacy because various bits of information when aggregated paint a detailed portrait of a person's life that Solove refers to as a …

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Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove Jan 2002

Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this article, Professor Solove examines the increasing information flow from the private sector to the government, especially in light of the response to September 11, 2001. In today's Information Age, private sector entities are gathering an unprecedented amount of personal information about individuals, and the data is increasingly being accessed by government law enforcement officials. This government information gathering takes place outside the bounds of the Fourth Amendment, since the Supreme Court held in Smith v. Maryland and United States v. Miller that the Fourth Amendment does not apply to records held by third parties. Law enforcement officials can, …

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The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog Jan 2002

The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog

Faculty Scholarship

Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. 25 The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.26 The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) 27 that dramatically modifies current surveillance law, thus further complicating the untested waters of a …

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Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza Jan 2002

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza

Articles & Chapters

No abstract provided.

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Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg Jan 2002

Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg

Faculty Scholarship

The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …

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The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson Dec 2001

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …

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Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson Oct 2001

Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson

The Southeastern Librarian

According to the American Library Association, library records should be kept private and confidential. Most states also have laws that protect the confidentiality of library records. This article will discuss the library confidentiality laws of the Southeastern United States, as well as the Family Educational Rights and Privacy Act (FERPA), and the USA PATRIOT Act (popularly known as the antiterrorism statute).

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3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island Aug 2001

3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

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The Emergence Of Website Privacy Norms, Steven A. Hetcher Jun 2001

The Emergence Of Website Privacy Norms, Steven A. Hetcher

Michigan Telecommunications & Technology Law Review

Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …

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Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont Jun 2001

Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont

Michigan Telecommunications & Technology Law Review

The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.

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Through The Lens Of The Sequence, Ellen Wright Clayton May 2001

Through The Lens Of The Sequence, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as interested in what the sequence is as in what it means for individuals and for society, for good or for ill. My purpose in writing this essay is to discuss how the project was conducted here in the United States, and some of the implications of knowing the sequence (or more aptly, a sequence).

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No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia Apr 2001

No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia

Cornell Journal of Law and Public Policy

No abstract provided.

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The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye Apr 2001

The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye

Cornell Journal of Law and Public Policy

No abstract provided.

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Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black Apr 2001

Legislating U.S. Data Privacy In The Context Of National Identification Numbers: Models From South Africa And The United Kingdom, R. Brian Black

Cornell International Law Journal

No abstract provided.

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21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2001

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

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Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein Mar 2001

Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein

Federal Communications Law Journal

The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …

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Law And Policy In The Age Of The Internet , Robert E. Litan Feb 2001

Law And Policy In The Age Of The Internet , Robert E. Litan

Duke Law Journal

No abstract provided.

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Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh Jan 2001

Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh

Fordham Urban Law Journal

This Note first presents a historical background of media regulations protecting children, and introduces COPPA. Next, it presents the arguments fueling the debate about who should regulate the Internet - the government or non-government entities. It then argues that in light of COPPA's shortcomings and faulty attempts to emulate regulations of other media, the government should step back and allow parents to maintain the bulk of regulatory responsibility. Finally, it suggests a future course of action for successfully regulating the Internet to protect children's privacy while taking into account the Internet's dissimilarity to previously regulated media. This Note concludes that …

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A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore Jan 2001

A Trust Analysis Of A Gestational Carrier's Right To Abortion, Kevin Yamamoto, Shelby A.D. Moore

Fordham Law Review

No abstract provided.

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Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelen Laboratories V. Topps Chewing Gum, J. Gordon Hylton Jan 2001

Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelen Laboratories V. Topps Chewing Gum, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.

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Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal Jan 2001

Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal

Marquette Sports Law Review

No abstract provided.

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Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand Jan 2001

Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand

Marquette Sports Law Review

No abstract provided.

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Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye Jan 2001

Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye

Faculty Scholarship

This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …

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The Constitutionality Of Dna Sampling On Arrest, David H. Kaye Jan 2001

The Constitutionality Of Dna Sampling On Arrest, David H. Kaye

Faculty Scholarship

Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.

Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …

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Leach Keynote Address, James A. Leach Jan 2001

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

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The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway Jan 2001

The Policy Aspect, Consumer Data Privacy, Clyde Mitchell, Carl Howard, Oliver I. Ireland, Joel R. Reidenberg, Jay N. Soloway

Fordham Journal of Corporate & Financial Law

No abstract provided.

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