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Full-Text Articles in Privacy Law
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Keeping It Off The Record: Student Social Media Monitoring And The Need For Updated Student Records Laws, Alice Haston
Vanderbilt Journal of Entertainment & Technology Law
An increasing number of school districts work with private companies to monitor public social media and to notify administrators of alarming student information. Although these services help address challenging school safety issues, the Family Educational Rights and Privacy Act (FERPA) and state law offer little guidance on how districts should store student social media data. This Note encourages states to pass student records laws similar to recent California legislation and urges the Department of Education to clarify the relationship between student social media and education records under FERPA. New state and federal initiatives would help ensure that third parties may …
Commercial Clicks: Advertising Algorithms As Commercial Speech, Kerri A. Thompson
Commercial Clicks: Advertising Algorithms As Commercial Speech, Kerri A. Thompson
Vanderbilt Journal of Entertainment & Technology Law
Congressional hearings have finally called for the "right regulation" of social media platforms. The First Amendment, however, has shielded internet companies from regulation since the birth of social media. Even if Congress enacts legislation now, internet companies will be able to defend against the "wrong regulation" by claiming the regulation unconstitutionally limits their freedom of speech. This Article uses Facebook's advertising algorithms as a case study of how Congress can properly regulate Facebook by analyzing the advertising algorithms as commercial speech, which receives less protection under First Amendment jurisprudence. In doing so, Congress can protect the strong public interest in …