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Full-Text Articles in Privacy Law
Ignorance Of Technology A Pass For Violating Child Pornography Laws? – What’S The Cache?, 33 J. Marshall J. Info. Tech. & Privacy L. 47 (2017), Angela Lewosz
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explains how the cache works, discusses computer forensic examinations, and provides a history of child pornography laws. It next explores how the courts have interpreted the changing pornography laws with advances in technology. It then specifically assesses the different approaches the courts take when reconciling the mens rea (the mental element) of knowledge in accordance with possession. Finally, this comment analyzes the strengths and flaws in the courts’ arguments and suggests a proposal for how the courts should deal with the cache in relation to the criminalization of possession within the federal child pornography laws.
Exposure To Police Brutality Allows For Transparency And Accountability Of Law Enforcement, 33 J. Marshall J. Info. Tech. & Privacy L. 75 (2017), Kendal Harden
UIC John Marshall Journal of Information Technology & Privacy Law
Thanks to the advancements in technology and valor of citizens, the public is finally able to understand the true severity of police brutality within the United States. The following considerations aim to address the lack of accountability and transparency of police brutality in the United States today. Part III will show how advancements in technology brings police brutality to the forefront of our nation’s issues by creating an informed society. Part IV will describe how individual states control the use of private cameras and cell phones of citizens to capture occurrences of police brutality. States do this by employing anti-wiretapping …
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
UIC John Marshall Journal of Information Technology & Privacy Law
The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …
Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper
UIC John Marshall Journal of Information Technology & Privacy Law
This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …
Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
UIC John Marshall Journal of Information Technology & Privacy Law
Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
UIC Law Review
This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
UIC Law Review
This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …
My Life Is Not My Own: Do Criminal Arrestees’ Privacy Interests In Mug Shots Outweigh Public’S Desire For Disclosure?, 30 J. Marshall J. Computer & Info. L. 307 (2013), Jocelyn Watkins
UIC John Marshall Journal of Information Technology & Privacy Law
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Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper
UIC Law Review
No abstract provided.
Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin
UIC Law Review
No abstract provided.
Is It Justice Or A Crime To Record The Police?: A Look At The Illinois Eavesdropping Statute And Its Application, 45 J. Marshall L. Rev. 485 (2012), Stephanie Claiborne
Is It Justice Or A Crime To Record The Police?: A Look At The Illinois Eavesdropping Statute And Its Application, 45 J. Marshall L. Rev. 485 (2012), Stephanie Claiborne
UIC Law Review
No abstract provided.
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
UIC Law Review
No abstract provided.
Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper
Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper
UIC Law Review
No abstract provided.
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
UIC John Marshall Journal of Information Technology & Privacy Law
The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …
Pennsylvania And Pornography: Cdt V. Pappert Offers A New Approach To Criminal Liability, 23 J. Marshall J. Computer & Info. L. 411 (2005), John Spence
UIC John Marshall Journal of Information Technology & Privacy Law
The rapid expansion of information technology in the past few years has left states and the Federal government struggling desperately to keep up and many of the laws attempting to regulate the Internet and information technology show a lack of understanding how the affected technology actually works and could possibly the growth and distribution of new ideas and inventions even incapacitate the Internet. One area in particular that has been the subject of widespread concern and attention is online pornography, a business that few people only realize just how big it truly is. This article focuses on the recent District …
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes
UIC John Marshall Journal of Information Technology & Privacy Law
Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …
Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo
Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo
UIC Law Review
No abstract provided.
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
UIC Law Review
No abstract provided.
Florida Star V. B.J.F.: The Rape Of The Right To Privacy, 23 J. Marshall L. Rev. 731 (1990), Barbara Lynn Pedersen
Florida Star V. B.J.F.: The Rape Of The Right To Privacy, 23 J. Marshall L. Rev. 731 (1990), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
The National Id Card: Privacy Threat Or Protection, 21 J. Marshall L. Rev. 831 (1988), Elizabeth Friedheim
The National Id Card: Privacy Threat Or Protection, 21 J. Marshall L. Rev. 831 (1988), Elizabeth Friedheim
UIC Law Review
No abstract provided.
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
UIC Law Review
No abstract provided.
Griffin V. Wisconsin Warrantless Probation Searches - Do The State's Needs Warrant Such Strict Measures, 21 J. Marshall L. Rev. 921 (1988), William Blake Weiler
Griffin V. Wisconsin Warrantless Probation Searches - Do The State's Needs Warrant Such Strict Measures, 21 J. Marshall L. Rev. 921 (1988), William Blake Weiler
UIC Law Review
No abstract provided.
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
UIC Law Review
No abstract provided.
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
UIC Law Review
No abstract provided.
Conceptualizing National Identification: Informational Privacy Rights Protected, 19 J. Marshall L. Rev. 1007 (1986), Eric Grossman
Conceptualizing National Identification: Informational Privacy Rights Protected, 19 J. Marshall L. Rev. 1007 (1986), Eric Grossman
UIC Law Review
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.