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Full-Text Articles in Law

The Development And The Future Of Privacy In Maine, Scott P. Bloomberg Jul 2021

The Development And The Future Of Privacy In Maine, Scott P. Bloomberg

Maine Law Review

In the United States, privacy law has traditionally developed in concert with intrusions created by newfangled technologies. This pattern has held true in Maine. Beginning in the late 1960s, the state has experienced three eras of privacy reform that track the technological advances of the mid-century, the internet era, and the new era of social media and big data. This Article details these three eras of reform and advances several proposals for responding to the challenges posed by the era that we are living through today. Indeed, at the beginning of the 2020s, there is much work on the horizon ...


What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells Apr 2021

What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells

Indiana Law Journal

This Comment will argue that the Supreme Court should analyze standing in data breach litigation under a standard that is deferential to state statutory and common law. Specifically, federal standing analysis should look to state law when determining whether an injury is concrete such that the injury-in-fact requirement is met. Some argue that allowing more data breach cases to proceed to the merits could lead to an explosion of successful litigation and settlements, burdening the federal courts and causing economic losses for the breached businesses. These concerns may be valid. But if state law provides a remedy to the harm ...


Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon Garon Feb 2021

Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon Garon

Maine Law Review

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As content producers shift away from broadcast and cable, much of the government’s regulatory control will end, resulting in new consequences for public policy and new challenges involving privacy, advertising, and antitrust law. Despite the technological change, there are compelling government interests in a healthy media environment. This article ...


When Considering Federal Privacy Legislation, Neil Chilson Jun 2020

When Considering Federal Privacy Legislation, Neil Chilson

Pepperdine Law Review

Legislators, advocates, and business interests are proposing federal privacy legislation with new urgency. The United States has a long-established federal framework for addressing commercial privacy concerns, including general consumer protection law and sector-specific legislation. But the calls to expand or replace this approach have grown louder since Europe’s General Data Protection Regulation went into effect and since California adopted detailed and prescriptive privacy legislation. Should we create a U.S. federal privacy law, and if so, how? When considering any kind of privacy regulation, three concepts are fundamental. First, no one can control all information about them. Second, all ...


American Privacy Law At The Dawn Of A New Decade (And The Ccpa And Covid-19): Overview And Practitioner Critique, Kimberly Dempsey Booher, Martin B. Robins Jan 2020

American Privacy Law At The Dawn Of A New Decade (And The Ccpa And Covid-19): Overview And Practitioner Critique, Kimberly Dempsey Booher, Martin B. Robins

Marquette Intellectual Property Law Review

No abstract provided.


A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming Jan 2020

A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming

Seattle University Law Review

This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct ...


Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo Jan 2020

Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo

Seattle University Law Review

In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of “browse-wrap” contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an “I agree” button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to ...


Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light Jan 2018

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.


Testimony @ House Energy And Commerce Subcommittee On Digital Commerce And Consumer Protection Hearing; "21st Century Trade Barriers: Protectionist Cross Border Data Flow Policies Impact On U.S. Jobs.", Jennifer Daskal Oct 2017

Testimony @ House Energy And Commerce Subcommittee On Digital Commerce And Consumer Protection Hearing; "21st Century Trade Barriers: Protectionist Cross Border Data Flow Policies Impact On U.S. Jobs.", Jennifer Daskal

Jennifer Daskal

Ttestimony at House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection Hearing; "21st Century Trade Barriers: Protectionist Cross Border Data Flow Policies Impact on U.S. Jobs." October 12, 2017

"The free movement of data across borders is critical to economic growth, has benefits for data security, and promotes privacy, speech, and associational rights. Yet, increasingly states are adopting a range of measures that restrict data flows to the United States and elsewhere and adopting costly data localization mandates, pursuant to which companies must store data locally.1 Such restrictions on the free movement of data harm U ...


Brief Of Amici Curiae Electronic Privacy Information Center (Epic) And Thirty-Six Technical Experts And Legal Scholars In Support Of Petitioner.Pdf, Jennifer Daskal Aug 2017

Brief Of Amici Curiae Electronic Privacy Information Center (Epic) And Thirty-Six Technical Experts And Legal Scholars In Support Of Petitioner.Pdf, Jennifer Daskal

Jennifer Daskal

Brief of Amici Curiae Electronic Privacy Information Center (Epic) and Thirty-Six Technical Experts and Legal Scholars in Support of Petitioner, in Carpenter v. United States, No. 16-402 (SCOTUS Aug. 14, 2017).


Privacy Law's Precautionary Principle Problem, Adam Thierer Feb 2017

Privacy Law's Precautionary Principle Problem, Adam Thierer

Maine Law Review

Privacy law today faces two interrelated problems. The first is an information control problem. Like so many other fields of modern cyberlaw—intellectual property, online safety, cybersecurity, etc.—privacy law is being challenged by intractable Information Age realties. Specifically, it is easier than ever before for information to circulate freely and harder than ever to bottle it up once it is released. This has not slowed efforts to fashion new rules aimed at bottling up those information flows. If anything, the pace of privacy-related regulatory proposals has been steadily increasing in recent years even as these information control challenges multiply ...


Consumer Protection In The Age Of Big Data, Max N. Helveston Jan 2016

Consumer Protection In The Age Of Big Data, Max N. Helveston

Washington University Law Review

The Big Data revolution is upon us. Technological advances in the degree to which third parties can record information about individuals, along with increases in the use of predictive analytics, are transforming the way that business is conducted in practically all sectors of the economy. This is particularly true in the insurance industry, where a firm’s ability to forecast the future is the central determinant of its profitability.

Scholars and the media have touted the potential benefits of Big Data analytics—it will enable businesses to tailor their practices to suit consumers’ preferences and increase the efficiency of their ...


Data-Driven Elections And Political Parties In Canada: Privacy Implications, Privacy Policies And Privacy Obligations, Colin J. Bennett Jan 2016

Data-Driven Elections And Political Parties In Canada: Privacy Implications, Privacy Policies And Privacy Obligations, Colin J. Bennett

Canadian Journal of Law and Technology

In light of the revelations concerning Cambridge Analytica, we are now in an era of heightened publicity and concern about the role of voter analytics in elections. Parties in Canada need to enhance their privacy management practices and commit to complying with national privacy principles in all their operations. As shown in this article’s comparative analysis of the privacy policies of federal and provincial political parties in Canada, policies are often difficult to find, unclear, and, with a couple of exceptions, do not address all the privacy principles. Accountability and complaints mechanisms are often not clearly publicized, and many ...


Your Right To Privacy: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.


The Right To Die As An Issue Of Privacy: A Selective Bibliography, Sandra Klein Dec 2015

The Right To Die As An Issue Of Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

The issue of whether or not an individual has the right to choose when he or she will die, is a very controversial one for many reasons. Further complicating the issue is the question of who, if anyone, has the right to decide for those who are unable to choose for themselves. The bibliography which follows includes articles which discuss this topic from a right to privacy perspective, and should prove useful to those researchers who are new to the subject, as well as to those who are already familiar with the many complex issues involved.


Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu Nov 2015

Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu

Seattle University Law Review

A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis ...


Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills Aug 2015

Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills

Jon L. Mills

Individual and human rights in this country have evolved from national movements and national standards. The Fourteenth Amendment's application of rights to the states was a landmark in human rights, guaranteeing all citizens, no matter their state of residence, a baseline of protection. The Federal Constitution was the protector-“states' rights” was the code phrase for discrimination. But in the American crucible of cultural diversity a national standard for “community” may result in the lowest common denominator or a definition based on averaging. Would it not be better when the most individual of rights, privacy, is implicated to define ...


Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll Aug 2015

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security ...


Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll Aug 2015

Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll

Articles in Law Reviews & Other Academic Journals

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security ...


Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll Aug 2015

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Michael W. Carroll

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security ...


Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner Jul 2015

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to ...


Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini Jul 2015

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may ...


Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah Jun 2015

Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel Jan 2015

Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Information Superhighway Patrol, Raizel Liebler Dec 2014

Information Superhighway Patrol, Raizel Liebler

Raizel Liebler

Mary Anne Franks discusses some of the legal points of regulating cyber harassment and why it's important to have real protection in the "virtual" world.


When Enough Is Enough: Location Tracking, Machine Learning And The Mosaic Theory, Renee Mcdonald Hutchins, Steve Bellovin, Tony Jebara, Sebastian Zimmeck Jan 2014

When Enough Is Enough: Location Tracking, Machine Learning And The Mosaic Theory, Renee Mcdonald Hutchins, Steve Bellovin, Tony Jebara, Sebastian Zimmeck

Journal Articles

Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable expectations of privacy.1 An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” has stepped ...


Información Y Nuevas Tecnologías, Teresa M. G. Da Cunha Lopes, Antonio Soto Robles Feb 2013

Información Y Nuevas Tecnologías, Teresa M. G. Da Cunha Lopes, Antonio Soto Robles

Teresa M. G. Da Cunha Lopes

No abstract provided.


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 Sep 2012

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.


Facebook Fallacies, Geoffrey C. Hazard Jr. Jan 2012

Facebook Fallacies, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen Jan 2012

What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.