Privacy Law | Open Access Articles | Digital Commons Network™

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews May 2017

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

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What type of information is collected, who is viewing it, and what law librarians can do to protect their patrons and institutions.

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Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan Oct 2014

Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan

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The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the …

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Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo Jan 2014

Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo

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Legal issues increasingly arise in increasingly complex technological contexts. Prominent recent examples include the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), network neutrality, the increasing availability of location information, and the NSA’s surveillance program. Other emerging issues include data privacy, online video distribution, patent policy, and spectrum policy. In short, the rapid rate of technological change has increasingly shown that law and engineering can no longer remain compartmentalized into separate spheres. The logical response would be to embed the interaction between law and policy deeper into the fabric of both fields. An essential step would …

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Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson Jan 2012

Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson

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Over two centuries have passed since Benjamin Franklin quipped that we should defend privacy over security if people wanted either privacy or security. Although his axiom did not become a rule of law in its original form, its principles found voice in the Fourth and Fifth Amendments of the Constitution's Bill of Rights. To a lesser extent, provisions against the quartering of troops in private homes found in the Third Amendment also support the idea that what a government can require you to do, or who you must have behind the doors of your home, is an area of grave …

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Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo Apr 2011

Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo

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Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital expenditures …

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Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan Jan 2011

Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan

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Unauthorized access to online information costs billions of dollars per year. Software vulnerabilities are a key. Software currently contains an unacceptable number of vulnerabilities. The standard solution notes that the typical software business strategy is to keep costs down and be the first to market even if that means the software has significant vulnerabilities. Many endorse the following remedy: make software developers liable for negligent or defective design. This remedy is unworkable. We offer an alternative based on an appeal to product-risk norms. Product-risk norms are social norms that govern the sale of products. A key feature of such norms …

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Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo Sep 2010

Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo

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In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …

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Dredging Up The Past: Lifelogging, Memory And Surveillance, Anita L. Allen Jan 2008

Dredging Up The Past: Lifelogging, Memory And Surveillance, Anita L. Allen

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The term “lifelog” refers to a comprehensive archive of an individual's quotidian existence, created with the help of pervasive computing technologies. Lifelog technologies would record and store everyday conversations, actions, and experiences of their users, enabling future replay and aiding remembrance. Products to assist lifelogging are already on the market; but the technology that will enable people fully and continuously to document their entire lives is still in the research and development phase. For generals, edgy artists and sentimental grandmothers alike, lifelogging could someday replace or complement, existing memory preservation practices. Like a traditional diary, journal or day-book, the lifelog …

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Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have All The Answers, Edward C. Harris Jan 2007