Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Deepfake; Artificial Intelligence; Media Manipulation; Convention on Cybercrime; Budapest Convention; Synthetic Media; Data Protection; General Data Protection Regulation; National Defense Authorization Act; Misinformation; Disinformation; Machine Learning; Generative Adversarial Network; International Covenant on Civil and Political Rights; Universal Declaration of Human Rights; First Amendment; Human Rights Law; Intellectual Property Law; International Law; Internet Law; Legislation; National Security Law; Privacy Law (1)
- Edwarn Snowden; Metadata; Personal privacy; National Security Agency (NSA); Government Communications Headquarters (GCHQ); United States of America (USA); United Kingdom (UK); European Court of Human Rights (ECtHR); European Convention on Rights (ECHR); Investigatory Powers Tribunal; Britain; British Parliament; Telecommunications Act of 1984; American Civil Liberties Union (ACLU); USA PATROIT Act; Regulation of Investigatory Powers Act 2000; International human rights; Communications data; Confidential information; Disclosure of Communications Data Code of Practice; Surveillance program; Freedom of expression; National security; United Nation's Human Rights Council; United Nations General Assembly; First Amendment; United States Constitution; Jouralist; Jouralism (1)
- European Court of Justice; Google Spain v. AEPD and Mario Costeja González; Google; Commission National de l'Informatique des Libertés; Consumers; Search engines; European Union; Internet Protocol; Martin v. Hearst Corporation; United States Supreme Court; Data Protection Directive; Direct 95/46/EC; Privacy; Internet; U.S. Citizens; Freedom of privacy; Freedom of speech; Universal Declaration of Human Rights; European Parliament; Globalization; European Commission; United States; Department of Defense Advanced Research Projects Agency; Griswold v. Connecticut; Right to be forgotten; Data Protection Working Party; Miller v. California; First Amendment (1)
- First Amendment; Fourth Amendment; Citizen (1)
- First Amendment; mask; mask wearing; Antifa; mask law doctrine; surveillance; free speech; free expression; law; policy (1)
-
- Ninth Circuit; protective order; First Amendment; litigation; public policy; more than tangential; Center for Auto Safety; motion to seal; court records; open proceedings; open court; right to know; public access (1)
- Reed v. town of gilbert; private speech regulation; fcc; ftc; robocalls; telemarketing; first amendment; constitutional law; tcpa (1)
- Right to Record; Police Activity; Circuit Court Split; Cellphone; Privacy Rights; Government Officials; Police Misconduct; Police Brutality (1)
- Search Engine; Right To Be Forgotten; Right To Deindex; Right Of Publicity; Right Of Privacy; Google Spain; Privacy; Google; Google Spain V. AEPD; Private Information; First Amendment; Free Speech; Court Of Justice Of The European Union; CJEU; Publicity; Search Results; European Union; Haelan Laboratories (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Privacy Law
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Brooklyn Journal of International Law
Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …
Policing The Police: Establishing The Right To Record And Civilian Oversight Boards To Oversee America’S Police, Michael G. Brewster
Policing The Police: Establishing The Right To Record And Civilian Oversight Boards To Oversee America’S Police, Michael G. Brewster
Brooklyn Law Review
Police misconduct is a persistent issue in the United States that undermines public trust in law enforcement and the criminal justice system as a whole. The video of George Floyd’s arrest and murder played an irreplaceable role in bringing attention to the case and sparking nationwide discussions about the state of policing in America. The video, showing former Minneapolis police officer Derek Chauvin kneeling on Mr. Floyd’s neck for several minutes, also helped convict Mr. Chauvin of murder at trial. Recording police activity is an important means of holding officers accountable for their actions and protecting citizens from abuse of …
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
Journal of Law and Policy
Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason. The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test. With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
Journal of Law and Policy
When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …
Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz
Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz
Brooklyn Law Review
This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent and technological and regulatory developments. Robocalls—phone calls made using autodialers or prerecorded messages without the consent of the call recipient—have become one of the primary consumer protection issues facing regulators. With more than 2.4 billion of these calls placed each month, consumer concern about them dominate complaints received by both the Federal Communications Commission and Federal Trade Commission. Simultaneously, as cellphones have become a ubiquitous means by which individuals engage with one another and have become the public square, …
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Brooklyn Journal of International Law
In May 2014, the European Court of Justice decided Google Spain v. AEPD and González and granted citizens the right to be forgotten, rather, the right to request any search engine offering services to European consumers to remove certain results displayed after a search of a citizen’s name. This decision has also resulted in an ongoing battle between Google and the Commission Nationale de l’Infomatique et des Libertés (CNIL), France’s data protection authority. The CNIL believes that Google must apply the right to be forgotten to all domains worldwide, including Google.com. Google, however, has been reluctant to do so, given …
The Present Of Newsworthiness, Amy Gajda