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Articles 1 - 7 of 7
Full-Text Articles in Privacy Law
Exploring Lawful Hacking As A Possible Answer To The "Going Dark" Debate, Carlos Liguori
Exploring Lawful Hacking As A Possible Answer To The "Going Dark" Debate, Carlos Liguori
Michigan Technology Law Review
The debate on government access to encrypted data, popularly known as the “going dark” debate, has intensified over the years. On the one hand, law enforcement authorities have been pushing for mandatory exceptional access mechanisms on encryption systems in order to enable criminal investigations of both data in transit and at rest. On the other hand, both technical and industry experts argue that this solution compromises the security of encrypted systems and, thus, the privacy of their users. Some claim that other means of investigation could provide the information authorities seek without weakening encryption, with lawful hacking being one of …
What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer
What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer
University of Michigan Journal of Law Reform
This Note examines the challenges of corporate cyberdefense and suggests an approach to mitigate them. Part I outlines the background of the corporate cyberdefense quandary and various cyberdefense strategies. Part II explores the current landscape of cybersecurity law in the United States and the regulatory infrastructure that governs cybercrimes. Part II also surveys case law that illustrates the legal loopholes and ambiguities corporations face when implementing cybersecurity measures. Finally, Part III argues that the proposed active defense model fails to comport with practical concerns and established legal principles. This Note’s comparative analysis of common law ‘defense of property’ principles and …
Home Is Where The Crime Is, I. Bennett Capers
Home Is Where The Crime Is, I. Bennett Capers
Michigan Law Review
Think of home. Go on. Maybe not your parents' home, which for this reviewer would be enough to induce heavy breathing and general anxiety. Rather, think about the concept of home. Think about the idea of home. Think about Home with a capital letter. Think of home as in The Wizard of Oz and Dorothy's famous "There's no place like home." Think "home sweet home." Or "home is where the heart is." Go on. Of course, there may be other associations that come to mind when one thinks of home. There's security. Safety. Control. Home rule. After all, in the …
Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah
Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah
Michigan Telecommunications & Technology Law Review
By putting themselves out in front as the victims, the Recording Industry Association of America (RIAA) helped reshape the governing norms of the times, and as a result, people viewed the act of file-sharing differently. By forcing people to see music downloading as a form of theft, the RIAA was quite successful in deterring it. In the process, they also proposed a radical view of theft that changes our basic economic understandings of the action[...] This paper argues that the RIAA's model for deterring music theft could be successfully used to deter many other forms of computer theft, and, specifically, …
In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky
In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky
University of Michigan Journal of Law Reform
This Note argues against the adoption of a crime fraud exception to the federal psychotherapist-patient privilege. Part I argues that the restrictive legal elements of the privilege adequately exclude fraudulent or criminal statements from protection. Part II addresses the needed distinction between the dangerous patient exception and the crime fraud exception to the psychotherapist-patient privilege and concludes that the adoption of a crime fraud exception would threaten a limited dangerous patient exception. Part III contends that the policies underlying the attorney-client and psychotherapist-patient privileges must be distinguished and do not merit a shared crime fraud exception. This Note concludes that …
The Criminal's Right Of Privacy
The Criminal's Right Of Privacy
Michigan Law Review
The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …