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Articles 541 - 570 of 819
Full-Text Articles in Privacy Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law
13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson
Other Faculty Publications
The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .
Implications On The Constitutionality Of Student Cell Phone Searches Following Riley V. California, Ross Hoogstraten
Implications On The Constitutionality Of Student Cell Phone Searches Following Riley V. California, Ross Hoogstraten
William & Mary Bill of Rights Journal
No abstract provided.
Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law
Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz
Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz
Scholarly Publications
This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …
Riley V. California And The Stickiness Principle, Steven I. Friedland
Riley V. California And The Stickiness Principle, Steven I. Friedland
Duke Law & Technology Review
In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Faculty Articles and Other Publications
In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
What is the constitutional significance of the proverbial "keep off the grass" sign? This question — asked by curmudgeonly neighbors everywhere — has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding — and control over — access to property, "the people" may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education …
Never Alone: Why The Inevitable Influx Of Drones Necessitates A New Fourth Amendment Standard That Adequately Protects Reasonable Expectations Of Privacy, Paul Burgin
University of Baltimore Law Review
In June 2011, North Dakota cattle rancher Rodney Brossart became the first American to be arrested with the aid of a drone (Unmanned Aircraft System(s) or UAS) operated by law enforcement. Six cows found their way onto Brossart's property, and he refused to turn them over to law enforcement officials. Brossart and a few family members chased police officers off of his property at gunpoint, and police later returned with a warrant and SWAT team. A sixteen-hour standoff ensued until police called in the assistance of a UAS to pinpoint Brossart's exact location. Shortly thereafter, SWAT officers rushed in, tased, …
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Faculty Articles
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Loyola of Los Angeles Law Review
No abstract provided.
Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney
Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney
Articles, Book Chapters, & Popular Press
This article discusses the results of the first empirical study providing evidence of regulatory “chilling effects” of Wikipedia users associated with online government surveillance. The study explores how traffic to Wikipedia articles on topics that raise privacy concerns for Wikipedia users decreased after the widespread publicity about NSA/PRISM surveillance revelations in June 2013. Using an interdisciplinary research design, the study tests the hypothesis, based on chilling effects theory, that traffic to privacy-sensitive Wikipedia articles reduced after the mass surveillance revelations. The Article finds not only a statistically significant immediate decline in traffic for these Wikipedia articles after June 2013, but …
Cross-Cutting Conflicts: Developments In The Use Of Norwich Orders In Internet Defamation Cases, Robert Currie
Cross-Cutting Conflicts: Developments In The Use Of Norwich Orders In Internet Defamation Cases, Robert Currie
Articles, Book Chapters, & Popular Press
The anonymity afforded to those wishing to post commentary on the internet has given rise to a number of procedural issues in Canadian case law. This paper focuses on one such issue: the need for prospective plaintiffs in defamation actions to "unmask" anonymous commentators in order to be able to bring proceedings against them. It tracks the increasing use of the "Norwich order," A.K.A an order for pre-action discovery, as a means of accomplishing this objective, by examining the leading case of Warman v. Fournier and analyzing how this issue has played out in litigation to date. It also considers …
Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney
Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney
Articles, Book Chapters, & Popular Press
This article discusses the results of the first empirical study providing evidence of regulatory “chilling effects” of Wikipedia users associated with online government surveillance. The study explores how traffic to Wikipedia articles on topics that raise privacy concerns for Wikipedia users decreased after the widespread publicity about NSA/PRISM surveillance revelations in June 2013. Using an interdisciplinary research design, the study tests the hypothesis, based on chilling effects theory, that traffic to privacy-sensitive Wikipedia articles reduced after the mass surveillance revelations. The Article finds not only a statistically significant immediate decline in traffic for these Wikipedia articles after June 2013, but …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Faculty Articles
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Faculty Articles
In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform. Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations. Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …
The Atlantic Divide On Privacy And Speech, Neil M. Richards, Kirsty Hughes
The Atlantic Divide On Privacy And Speech, Neil M. Richards, Kirsty Hughes
Scholarship@WashULaw
When does a right to privacy become a right of censorship? Conversely when does freedom of speech become a carte blanche to violate the dignity and autonomy of others? Discussions of privacy throughout the world frequently boil down to these questions. Despite the parallel relationships between privacy and speech in the United Kingdom and America, and despite their shared legal heritage, the two legal systems have struck the balance in radically different ways. In the United States, decisions balancing privacy and the First Amendment have invariably favoured the free speech interest, at least where a press defendant published lawfully-obtained “newsworthy” …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …
The Right To Be Forgotten: Comparing U.S. And European Approaches, Samuel W. Royston
The Right To Be Forgotten: Comparing U.S. And European Approaches, Samuel W. Royston
St. Mary's Law Journal
This Article compares the European and United States stances regarding the right to be forgotten. Within that context, this Article explores the implications of technological advances on constitutional rights, specifically the intersection of the right to free speech and the right to privacy, commonly referred to as the "right to be forgotten" paradox. In the United States, the trend is to favor free speech, while Europe places an emphasis on human rights. Each approach is analyzed based on supporting case law. The consequences of each approach on society, both long- and short-term, are also discussed. This Article argues that a …
Big Data Blacklisting, Margaret Hu
Big Data Blacklisting, Margaret Hu
Faculty Publications
“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Touro Law Review
No abstract provided.
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Touro Law Review
No abstract provided.
Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi
Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi
Touro Law Review
No abstract provided.
Whose Line Is It Anyway? Probable Cause And Historical Cell Site Data, Megan L. Mckeown
Whose Line Is It Anyway? Probable Cause And Historical Cell Site Data, Megan L. Mckeown
Notre Dame Law Review
This Note argues that the “specific and articulable facts” standard does not accord with the intent of the drafters of the Fourth Amendment to protect individuals’ reasonable expectation of privacy. Although allowing the government access to historical cell site data to use as evidence in a criminal proceeding aids law enforcement, legislators must recognize the risks that flow from allowing the government to retrieve cell phone location information without probable cause. At least one study suggests that the public is losing confidence in their ability to control personal information, ultimately creating public discomfort with and suspicion of government surveillance. If …