Privacy Law Commons^™

An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010), Konstantinos K. Stylianou

UIC John Marshall Journal of Information Technology & Privacy Law

This paper examines the evolution of a number of cloud computing services’ terms of use with the aim to discern whether they offer less or more (or equal) privacy safeguards. To better highlight the changes cloud computing has brought about, I focus on those privacy terms that relate to the special modus operandi of cloud services. This paper proceeds in three parts. Part I identifies the special ways by which cloud computing challenges privacy. Part II discusses a series of privacy terms commonly found in the sampled cloud computing services and follows their evolution by comparing previous versions where available. …

Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer

UIC John Marshall Journal of Information Technology & Privacy Law

This paper will discuss how a private company running a single, nationwide database for filing financing agreements can ease the burden on creditors and pave the way for more creditors to enter this market. Part two offers a brief overview of how intellectual property securitization works and some of the impediments to using this type of securitization. Part three proposes a possible solution to the problem creditors face regarding the filing of a financing statement when attempting to securitize intellectual property, and provides an in depth analysis as to why the suggestion that a private company runs a single, nationwide …

300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin

UIC John Marshall Journal of Information Technology & Privacy Law

2010 sees the three hundredth anniversary of the U.K.'s Statute of Anne 1710. This paper suggests that with the increased ability of content recipients to re-use works, there is a need to readdress the concerns of stakeholders, namely authors, publishers and content recipients. The paper sets out in detail how this should be achieved. To do so, it utilises the notion of creativity as the benchmark by which to balance the interests of stakeholders. This has been used in early eighteenth century case law in the U.K., and there are also other historical and theoretical justifications. The paper then proceeds …

The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem

UIC John Marshall Journal of Information Technology & Privacy Law

The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Aaron Murphy, appeals to the Marshall Supreme Court from a decision affirming the grant of summary judgment in favor of Respondent, MarshCODE, on his claims of defamation, false light invasion of privacy, and breach of contract. Thus, there are now three issues before the Marshall Supreme Court. The first two issues concern whether an individual can maintain an action of defamation and false light invasion of privacy when the false statement arose because of a computer malfunction. The last issue concerns whether the unilateral modification of a privacy agreement constitutes a breach of contract when assent to the modification …

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer

UIC John Marshall Journal of Information Technology & Privacy Law

The circuit court erred when it granted summary judgment in favor of MarshCODE because Mr. Murphy has demonstrated facts to support the elements of the (1) defamation, (2) false light invasion of privacy, and (3) breach of contract claims. First, Mr. Murphy has provided facts to support the defamation claim. MarshCODE made a false and defamatory statement about Mr. Murphy when it told Ms. Who that he was her father. Because this matter concerns Mr. Murphy's private life, a negligence standard applies rather than the First Amendment's actual malice standard. Mr. Murphy has demonstrated that MarshCODE acted either negligently or …

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler

UIC John Marshall Journal of Information Technology & Privacy Law

The First District Court of Appeals properly affirmed summary judgment on behalf of MarshCODE because Appellant failed to raise a genuine issue of material fact on his defamation claim. First, MarshCODE's accidental disclosure of information, which implied that Appellant participated in premarital sex or had a homosexual child, was not defamatory because an average person would not lower his estimation or be deterred from associating with Appellant based on such a statement. Second, no publication was made because MarshCODE did not act with negligence and was unaware of the program malfunction that resulted in the release of the information. Third, …

Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel

UIC John Marshall Journal of Information Technology & Privacy Law

“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …

Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas

UIC Law Review

No abstract provided.

Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park

Management Faculty Publications and Presentations

Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney

UIC Law Open Access Faculty Scholarship

The next wave of concern regarding Google involves web analytics. Web analytics is the measurement, collection, analysis, and reporting of Internet data for the purposes of understanding and optimizing web usage. The concerns of web analytics use touches on issues of online user privacy, government use of personal information, and information on website user activity. While Google Analytics is not the sole web analytics product on the market, it is widely used by corporate, non-profit, and government organizations. The product has been reported to have a 59% market share among web analytics vendors in a 2008 study.

Web analytics technology …

Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef

Canadian Journal of Law and Technology

It is clear that the use of information technology is quickly becoming a necessity for the justice system. In civil cases, delays and costs are causing individuals to abandon the courts, and cases that make it to trial are of ever-increasing complexity. Moreover, public security is weakened by the inefficient and cumbersome conditions by which criminal justice information circulates among the various stakeholders, such as the police, prosecutors, the courts, penitentiaries and parole boards, to name only a few. It becomes apparent that information technology has much to offer individuals involved in court cases and the justice system as a …

Strong Medicine: Patents, Market, And Policy Challenges For Managing Neglected Diseases And Affordable Prescription Drugs, Taiwo A. Oriola

Canadian Journal of Law and Technology

The article is divided into six parts. Part one deals with the introduction, part two discusses the evolution of modern medicine and the socio-economic dynamics that shape the current prescription drug economics, part three discusses the pharmaceutical costs conundrum, part four analyses neglected diseases and the scale of the problem, part five discusses the role of patents on the pharmaceuticals costs trajectory and reviews literature on possible alternatives to promoting incentives for pharmaceuticals R&D, and part six sums up the discourse and reiterates the solutions to the problems identified.

The Patentability Of Electromagnetic And Acoustic Signals In Canada, Natalie Raffoul

Canadian Journal of Law and Technology

The issue of the patentability of electromagnetic and acoustic signals has not been litigated in Canada. If, however, the issue does come forward for litigation, Canadian courts may decide differently than their American colleagues did. The Supreme Court of Canada’s ‘Harvard Mouse’ decision shows that the Canadian law on patentable subject matter differs from American law. Under the Canadian definition of manufacture, electromagnetic and acoustic signals could constitute patentable subject matter.

Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa

Canadian Journal of Law and Technology

This article considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.

Web 2.0 Regulation: A Risk Management Process, Pierre Trudel

Canadian Journal of Law and Technology

In order to describe the law relating to Web 2.0, we have to look at the normativity that really operates there. Effective norms engender strong enough risks for stakeholders that they find it in their interest to comply. State legislation is not the only thing that governs Internet activities; the normativity that governs the resources associated with Web 2.0 flows from what the technology permits and prohibits, and also largely from stakeholder practices. Configurations and practices create risk or shift risk onto others. However, state regulators may consider that the risks arising out of Internet activities are worrisome enough that …

Fair Dealing Or Fare Stealing?: Implications Of Canadian Copyright Law Reform On The Online Classroom, Louis Grilli, Daniel Huff, Andrea Shakespeare, Michael Bliemel

Canadian Journal of Law and Technology

This article first examines Canadian copyright law as it pertains to distance education with a detailed review of literature, legislation and jurisprudence, including a comparison with influential law from the United States. Included in this analysis are the opinions of specialists and experts on distance education and copyright in the university environment, who were interviewed during this research. Based on the research findings, we have identified three distinct legislative outcomes. For each, we provide recommendations on how a university and other stakeholders might best protect their interests when confronted with any of these three possibilities.

Privacy As Product Safety, James Grimmelmann

Cornell Law Faculty Publications

Online social media confound many of our familiar expectations about privacy. Contrary to popular myth, users of social software like Facebook do care about privacy, deserve it, and have trouble securing it for themselves. Moreover, traditional database-focused privacy regulations on the Fair Information Practices model, while often worthwhile, fail to engage with the distinctively social aspects of these online services.

Instead, online privacy law should take inspiration from a perhaps surprising quarter: product-safety law. A web site that directs users' personal information in ways they don't expect is a defectively designed product, and many concepts from products liability law could …

Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser

Publications

For centuries, the fair use doctrine has been the main--if not the exclusive--bastion of user rights. Originating in the English courts of equity, the doctrine permitted users, under appropriate circumstances, to employ copyrighted content without the rightsholder's consent. In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection measures undermine the doctrine and its role in copyright policy. Notably, the enactment of the Digital Millennium Copyright Act, which prohibits the circumvention of technological protection measures even for fair use purposes, has diminished the ability of fair use to counterbalance a copyright …

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Publications

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party …

Google Books: Page By Page, Click By Click, Users Are Reading Away Privacy Rights, Kathleen E. Kubis

Vanderbilt Journal of Entertainment & Technology Law

Google Books will likely become the world's most extensive book and magazine search and browsing resource, library, and bookstore--combined. However, as users necessarily reveal personal identifying information through their book searches and reading habits, this service poses a significant threat to personal privacy.

Because the Google Books Amended Settlement Agreement neglects to meaningfully address user privacy, the only available privacy protections are the limited rights bestowed by the Google Books Privacy Policy and the Google Privacy Policy. Unfortunately, these Privacy Policies protect the interests of Google at the expense of users.

The enactment of federal privacy statutes, which include provisions …

The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig

Canadian Journal of Law and Technology

In this article, I explore the important body of scholarship that has emerged over this time on the substance, nature, and role of the public domain. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a fairly comprehensive, but concise, review of this academic movement that has been directed towards substantiating and politicizing the concept of the public domain; and second, I hope to re-situate …

Fessing Up To Facebook: Recent Trends In The Use Of Social Network Websites For Civil Litigation, Pamela D. Pengelley

Canadian Journal of Law and Technology

For professional “fact-gatherers” such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is, therefore, crucial that legal and insurance professionals stay informed of new developments in this emerging area of law. This article, written with …

Google Adwords And Canadian Trademark Law, Reed W. Taubner

Canadian Journal of Law and Technology

This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.

This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …

Book Review: E-Discovery In Canada, Robert J. Currie

Canadian Journal of Law and Technology

It is not hyperbolic to say that the proliferation of electronically stored information (ESI) is probably the most prominent change-harbinger and potential havoc-wreaker in civil litigation today — second only, perhaps, to the spiralling costs of litigation itself. Indeed, the practical and legal difficulties associated with the storage, gathering, preservation, disclosure and evidentiary use of ESI have the potential to act as a Trojan Horse, causing what would previously have been ordinary cases to implode under their weight. Increasing recognition of this is evident; electronic discovery (e-discovery) cases have begun to emerge in the reports, a successful co-operative effort by …

Downloading Personhood: A Hegelian Theory Of Copyright Law, Karla M. O'Regan

Canadian Journal of Law and Technology

This article will examine these responses, identifying the competing interests at work in both traditional copyright schemes and contemporary Internet-based criticisms, and put forth a theory of copyright law capable of ad- dressing the needs of these rival interests in an advanced technological era.

Part I delineates some of the more prominent theories copyright scholars have offered in response to the “IP-IT crisis.” Part II attempts to identify the source of these problems by first examining conventional justifications for copyright and the competing interests inherently at work in its conception. Part III identifies three specific factors I argue are particularly …

Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin

University of Michigan Journal of Law Reform

Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as …

Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce

Chicago-Kent Law Review

Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.

Coding Privacy, Lilian Edwards

Chicago-Kent Law Review

Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …

Saving Facebook, James Grimmelmann

Cornell Law Faculty Publications

This Article provides the first comprehensive analysis of the law and policy of privacy on social network sites, using Facebook as its principal example. It explains how Facebook users socialize on the site, why they misunderstand the risks involved, and how their privacy suffers as a result. Facebook offers a socially compelling platform that also facilitates peer-to-peer privacy violations: users harming each others' privacy interests. These two facts are inextricably linked; people use Facebook with the goal of sharing some information about themselves. Policymakers cannot make Facebook completely safe, but they can help people use it safely.

The Article makes …