Privacy Law Commons^™

Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg

UIC John Marshall Journal of Information Technology & Privacy Law

Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni

UIC John Marshall Journal of Information Technology & Privacy Law

In a large and complex society, anti-social behavior cannot be restrained by government intervention alone—without it becoming a police state. Informal social controls are necessary to keep deviance from societal norms and values at a socially acceptable level, and one of the levers of this social pressure is the observation of and reaction to the personal conduct of members of one’s community.

This article argues that in several areas of contemporary American life decreasing privacy by strengthening informal social controls will lessen the need for state surveillance and regulation, which tends to be act with a heavier hand and is …

Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Giving Credit Where Credit Is Due: A Comment On The Theoretical Foundation And Historical Origin Of The Tort Remedy For Invasion Of Privacy, 29 J. Marshall J. Computer & Info. L. 493 (2012), Alberto Bernabe

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, 29 J. Marshall J. Computer & Info. L. 594 (2012), Steve Silver

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson

UIC Law Review

No abstract provided.

Property As Control: The Case Of Information, Jane B. Baron

Michigan Telecommunications & Technology Law Review

If heath policy makers' wishes come true, by the end of the current decade the paper charts in which most of our medical information is currently recorded will be replaced by networked electronic health records ("EHRs").[...] Like all computerized records, networked EHRs are difficult to secure, and the information in EHRs is both particularly sensitive and particularly valuable for commercial purposes. Sadly, the existing federal statute meant to address this problem, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), is probably inadequate to the task.[...] Health law, privacy, and intellectual property scholars have all suggested that the river …

Expectations Of Privacy In Social Media, Stephen E. Henderson

Faculty Articles

This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …

The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel

Canadian Journal of Law and Technology

This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …

Cybercrime, Ronald C. Griffin

Journal Publications

This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.

The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff

Canadian Journal of Law and Technology

This article considers the effectiveness of the present privacy regimes in North America as it relates to the protection of consumer information that is gathered in the ordinary course of business. It is argued that the present moves towards a Privacy by Design approach shows great potential and can gain valuable insights from established doctrines in commercial and consumer protection law. Moreover, it is proposed that the aims of such an approach can be achieved by deeming personal information and behavioral data to be the property of the individual that it pertains to. It is then suggested that a regulatory …

Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union, David Krebs

Canadian Journal of Law and Technology

Cloud computing is a growing phenomenon and promises greater efficiency and reduced-cost computing. However, some of the basic technological and business-related features of the Cloud are at odds with personal data protection laws. Canada and the European Union share similar core values related to privacy/data protection, and both regions aim to increase their competitiveness regarding cloud computing. Having these two similarities in mind, this paper explores the current legal and stakeholder landscape in Canada and the European Union with respect to cloud computing, data protection and how adoption of the model can be advanced. The analysis shows that neither of …

Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie

Canadian Journal of Law and Technology

The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …

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

All Faculty Scholarship

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 …

In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles

Canadian Journal of Law and Technology

In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better …