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 …
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...
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 …
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, …