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Full-Text Articles in Law

Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor Jan 2018

Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.


Cybersecurity Stovepiping, David Thaw Jan 2017

Cybersecurity Stovepiping, David Thaw

Articles

Most readers of this Article probably have encountered – and been frustrated by – password complexity requirements. Such requirements have become a mainstream part of contemporary culture: "the more complex your password is, the more secure you are, right?" So the cybersecurity experts tell us… and policymakers have accepted this "expertise" and even adopted such requirements into law and regulation.

This Article asks two questions. First, do complex passwords actually achieve the goals many experts claim? Does using the password "Tr0ub4dor&3" or the passphrase "correcthorsebatterystaple" actually protect your account? Second, if not, then why did such requirements become so widespread? …


Chapter Four: Information Security, Tracy Mitrano Oct 2016

Chapter Four: Information Security, Tracy Mitrano

Tracy Mitrano

No abstract provided.


The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth Aug 2015

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …


Data Breach (Regulatory) Effects, David Thaw Jan 2015

Data Breach (Regulatory) Effects, David Thaw

Articles

No abstract provided.


In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang Apr 2013

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.


The Large Immortal Machine And The Ticking Time Bomb, Susan Landau Jun 2012

The Large Immortal Machine And The Ticking Time Bomb, Susan Landau

Susan Landau

In 1994 Congress passed the Communications Assistance for Law Enforcement Act (CALEA). In many ways a rather extraordinary law, CALEA puts the government in charge of determining interception standards for telephone switches. Under CALEA, switches in use were to be retrofitted to accommodate the new requirement. That there were long-term consequences of building backdoors into long-lived electronic switching equipment were essentially ignored. That lapse is increasingly problematic. The possibility that security threats would develop against the telecommunications infrastructure itself does not appear to have been discussed during CALEA’s passage. The seriousness of the security lapse has become apparent with During …


Poised On The Precipice: A Critical Examination Of Privacy Litigation, Andrew B. Serwin Feb 2009

Poised On The Precipice: A Critical Examination Of Privacy Litigation, Andrew B. Serwin

Andrew B. Serwin

A collection of factors has caused the United States to be poised on the precipice of a new wave of litigation—litigation arising from the improper use or collection of information. Public concern over privacy is ever increasing while, and some would say because, information has become critical to our everyday existence. In what is now a self-reinforcing cycle, increased public concern has caused an exponential increase in regulations, and the new regulations have caused increased attention and public concern because many of the new laws require public disclosure of security breaches, which increases societal concerns over privacy. Security breach laws, …


Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle Jan 2009

Dos And Don'ts Of Data Breach And Information Security Policy, Fred H. Cate, Martin E. Abrams, Paula J. Bruening, Orson Swindle

Articles by Maurer Faculty

No abstract provided.


Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate Jan 2008

Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.