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First Amendment

2016

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Articles 1 - 22 of 22

Full-Text Articles in Privacy Law

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson Sep 2016

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson

Stephen E Henderson

Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.

My topic is not an easy one. The constitutional law …


Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler Jun 2016

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Journal of Intellectual Property Law

No abstract provided.


Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq. Jun 2016

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

Journal of Intellectual Property Law

No abstract provided.


If You Fly A Drone, So Can Police, Stephen E. Henderson May 2016

If You Fly A Drone, So Can Police, Stephen E. Henderson

Stephen E Henderson


According to the U.S. Constitution, the more you fly your drone, the more police can fly theirs. “Come on,” you might reply, “that hoary document”—and, yes, sorry to make you the sort who drops words like hoary—“that hoary document surely says nothing about drones.” But in fact it does. At least it does as interpreted by the courts. In particular, it is how they interpret the Fourth Amendment. So, to understand this aspect of drones, we first must understand this provision of the Bill of Rights...


Masthead May 2016

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents May 2016

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton May 2016

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal May 2016

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.


Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin May 2016

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.


Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye May 2016

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.


Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan May 2016

Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan

Catholic University Journal of Law and Technology

No abstract provided.


National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight May 2016

National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Byrne: Closing The Gap Between Hipaa And Patient Privacy, Austin Rutherford Mar 2016

Byrne: Closing The Gap Between Hipaa And Patient Privacy, Austin Rutherford

San Diego Law Review

HIPAA’s lack of an individualized remedy harmed individuals and left the law a toothless monster, but Byrne begins to fill the longstanding gap by offering greater protection for individuals and their sensitive information. Byrne will also incentivize better compliance with HIPAA by instilling in companies a fear of sizeable tort suit damage awards.

Part II of this Note introduces HIPAA and its ability to protect sensitive health information. Part III discusses the facts, holding, and reasoning of Byrne, in which a state supreme court, for the first time, recognized HIPAA requirements as a duty owed in negligence claims. Part IV …


Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz Feb 2016

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 …


The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard Jan 2016

The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard

American University National Security Law Brief

No abstract provided.


The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron Jan 2016

The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron

Faculty Scholarship

No abstract provided.


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 Jan 2016

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 …


Diy Solutions To The Hobby Lobby Problem, Kristin Haule Jan 2016

Diy Solutions To The Hobby Lobby Problem, Kristin Haule

Loyola of Los Angeles Law Review

No abstract provided.


The Present Of Newsworthiness, Amy Gajda Jan 2016

The Present Of Newsworthiness, Amy Gajda

Faculty Scholarship

No abstract provided.


The Right To Be Forgotten: Comparing U.S. And European Approaches, Samuel W. Royston Jan 2016

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 …


The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee Dec 2015

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.


Copyrights, Privacy, And The Blockchain, Tom W. Bell Dec 2015

Copyrights, Privacy, And The Blockchain, Tom W. Bell

Tom W. Bell

The law of the United States forces authors to choose between copyrights and privacy rights. Federal lawmakers have noticed and tried to remedy that problem. The Copyright Act makes express provisions for anonymous and pseudonymous works. The Copyright Office has tried to remedy that tension, too; copyright registration forms do not outwardly require authors to reveal their real world identities. Nonetheless, authors still face a choice between protecting their privacy and enjoying one of copyright’s most powerful incentives: the prospect of transferring to another the exclusive right to use a copyrighted work. That power proves useful, to say the least, …