Privacy Law Commons^™

Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak

University of Michigan Journal of Law Reform

Algorithmic accountability law—focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools—is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of group-level harms such as discrimination and modes of democratic participation. While a welcome and long overdue shift, the current discourse ignores systems like databases, which are viewed as technically “rudimentary” and often siloed from regulatory scrutiny and public attention. Additionally, burgeoning regulatory proposals like algorithmic impact assessments are not structured to surface important –yet …

Healthy Data Protection, Lothar Determann

Michigan Technology Law Review

Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the potential to improve the effectiveness of treatments significantly. Progress in the medical field depends above all on data, specifically health information. Physicians, researchers, and developers need health information to help patients by improving diagnoses, customizing treatments and finding new cures.

Yet law and policymakers are currently more focused on the fact that health …

The Original Intent Of The Single Tax Principle: From Theory To Practice, Gianluca Mazzoni

SJD Dissertations

This dissertation is comprised of the following articles:

• The Italian Patent Box Regime and the Foreign Tax Credit, published as Mazzoni, G. “The Italian Patent Box Regime and the Foreign Tax Credit.” European Taxation 59, no. 9 (August 20, 2019). https://doi.org/10.59403/2p3evbr.
• The Italian Supreme Court's Decision in the ITW case (No. 32840): The Beneficial Ownership Requirement and Double Non-Taxation?
• Present at the Creation: Archival Research and Evidence on the Origins of the Single Tax Principle, published as Mazzoni, Gianluca. “Present at the Creation: Archival Research and Evidence on the Origins of the Single Tax Principle.” Intertax 47, no. Issue 10 …

Digital Colonialism: The 21st Century Scramble For Africa Through The Extraction And Control Of User Data And The Limitations Of Data Protection Laws, Danielle Coleman

Michigan Journal of Race and Law

As Western technology companies increasingly rely on user data globally, extensive data protection laws and regulations emerged to ensure ethical use of that data. These same protections, however, do not exist uniformly in the resource-rich, infrastructure-poor African countries, where Western tech seeks to establish its presence. These conditions provide an ideal landscape for digital colonialism.

Digital colonialism refers to a modern-day “Scramble for Africa” where largescale tech companies extract, analyze, and own user data for profit and market influence with nominal benefit to the data source. Under the guise of altruism, large scale tech companies can use their power and …

The Language-Game Of Privacy, Joshua A.T. Fairfield

Michigan Law Review

A review of Ronald J. Krotoszynski, Jr., Privacy Revisited: A Global Perspective on the Right to Be Left Alone.

Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren

Michigan Telecommunications & Technology Law Review

Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or to use the European term, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure user rights and shape online behavior. A comprehensive study of Israeli website compliance with information privacy regulation in 2003 and 2006 provides insights for understanding these challenges. The study examined the information privacy practices of 1360 active websites, determining the extent to which these sites comply with applicable legal requirements related to …

The Absentee Ballot And The Secret Ballot: Challenges For Election Reform, John C. Fortier, Norman J. Ornstein

University of Michigan Journal of Law Reform

Reforms in the recently enacted federal election reform legislation primarily address improving voting at a polling place, but there is a growing share of the electorate who vote away from the polling place through increased use of absentee ballots and vote-by-mail systems. Voters who vote away from the polling place do not have the same protections as those at the polling place. In particular, these voters do not have a secret ballot, as any ballot cast without a drawn curtain behind oneself is potentially subject to coercion, vote buying and fraud.

This Article looks at the tension between the Australian …

The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair

Michigan Journal of International Law

This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.

Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.

Michigan Law Review

The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.

Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster

Michigan Law Review

Constitutional Privileges in the Philippine Islands; A Laudatory Publication as a Cause of Action; The Cy-Pres Doctrine; Duty of Vendee to See to Investment of Funds; the Power to Declare a forfeiture and Sell Property Used in Violation of a Statute; Dying Declarations; "Juvenile Courts" and Jury Trials for Neglected, Delinquent, Children;