Privacy Law Commons^™

Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner

Brigham Young University Journal of Public Law

No abstract provided.

Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale

Faculty Scholarship

Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor will such interventions inevitably lead to the disclosure of important trade secrets.

After setting forth normative foundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalized search may …

Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray

UIC John Marshall Journal of Information Technology & Privacy Law

In this paper the author points out that complexity is at the heart of much of the work of today’s academia. The paper explains how the role of an academic researcher may be defined as studying and modelling complexity in an effort to make it accessible to a wider audience. This article models the complexity of regulatory relationships in communications networks and in particular the Internet. First, the article models the complexity of the regulatory environment. Next, it explains how regulators may harness the power of the network to achieve effective regulatory settlements by harnessing symbiotic regulation. Finally, it explains …

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti

UIC John Marshall Journal of Information Technology & Privacy Law

The article looks at the threats accompanying online shopping, such as identity theft and aggregated data files. Such issues arise when companies carelessly lose laptops filled with unencrypted data or callously sell data on the open market with collected personally identifying information (PII). The article explains that although privacy policies are supposed to force companies to strengthen their privacy practices they are not always effective because companies often post inconspicuous, vague and legalese-filled policies. These ambiguous postings cause online shoppers to blindly submit PII and ignore privacy practices completely. The article proposes a solution to this problem through the standardization …

Opening The Red Cross International Tracing Service Archive, 26 J. Marshall J. Computer & Info. L. 161 (2008), Kenneth Waltzer

UIC John Marshall Journal of Information Technology & Privacy Law

The Red Cross International Tracing Service Archive in Bad Arolsen contains nearly 17.5 million names and nearly 50 million World War II and post-war era documents. The Bonn Accords designated the International Tracing Service (“ITS”) as the sole caretaker of these documents. A recent revision to the Bonn Accords has resulted in a reopening of archives at Bad Arolsen. ITS has started to digitize materials, and the data has been distributed to designated research institutions. The revision also resulted in access to the archives for research purposes. This expanded availability of the information has raised a number of important questions …

Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley

UIC John Marshall Journal of Information Technology & Privacy Law

The article discusses the challenges to the protection of private personal information in the age of rapid technological changes and advances with a particular focus on the explosion of Identity Theft Crime (IDC). The paper highlights the compartmentalized and imbalanced roles that the free market and law enforcement (LE) play in response to this emerging threat to privacy, the implications of this dynamic, and recommendations for improving the societal risk management of Identity Crime.

United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight

UIC John Marshall Journal of Information Technology & Privacy Law

The article looks at the decision in United States v. Andrus, where it was determined that the police could obtain consent from a father to search an adult son’s computer without first checking if the father who gave consent know the password and therefore had apparent authority to search. The police used Encase, software designed to make a forensic copy of a hard drive, without even turning on the computer. The 10th Circuit majority opinion decided the police committed no error when they conducted the search. The article’s author argues that the dissenting opinion took the correct position in its …

Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

In this comment the author examines the new and growing body of federal opinions citing Wikipedia an authoritative source. The comment details how Wikipedia articles are generated, and the ease with which anyone can edit them, to illustrate their shortcomings as sources for making judicial determinations. The author provides examples of federal cases where judges rely on Wikipedia to define terms ranging from colloquial phrases to medical equipment. The author points out that in spite of several academic institutions and the U.S. Trade and Patent Office banning it as a source, federal judges continue to rely on Wikipedia in their …

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law:Summary Of Bench Memorandum, 26 J. Marshall J. Computer & Info. L. 259 (2008), Robin Ficke, James Lai, Steven Tseng, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Alex Romero (“Romero”), appeals to the Marshall Supreme Court from an order granting summary judgment in favor of Respondent, Windbucket Entertainment, LLC (“Windbucket”). Romero’s lawsuit alleged that Windbucket and a third party (not a party to the present appeal) were liable to him for invasion of privacy by intrusion upon seclusion. Romero then sought discovery sanctions against Windbucket for violations of Marshall Rule of Civil Procedure 37. The issues in the case concern whether a subscriber to an Internet-based, multiplayer computer game can state a valid invasion of privacy claim against the game’s publisher, when liability is based on …

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 26 J. Marshall J. Computer & Info. L. 283 (2008), David Caras, Jennifer Robbins, Zach Rudisill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 26 J. Marshall J. Computer & Info. L. 321 (2008), Adam Powell, Erin Blake, Kris Kokotayo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Orwell Was An Optimist: The Evolution Of Privacy In The United States And Its De-Evolution For American Employees, 42 J. Marshall L. Rev. 83 (2008), Robert Sprague

UIC Law Review

No abstract provided.

Just Click Submit: The Collection, Dissemination, And Tagging Of Personally Identifying Information, Corey Ciocchetti

Vanderbilt Journal of Entertainment & Technology Law

As the twenty-first century bustles forward, the e-commerce arena becomes an ever more dangerous place. On a daily basis, Websites collect vast amounts of personally identifying information (PHII) and mine it in sophisticated databases to discover consumer trends and desires. This process provides many benefits--such as tailored Web sites and relevant marketing--that few Web surfers would care to do without. However, serious threats lurk in cyberspace and are enhanced by consumers who continue to submit vast amounts of information in a state of relative unawareness. Not wanting to miss out on their Web surfing experience, visitors submit their personal information …

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.

Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon

Georgia Law Review

Cell phones keep society connected, and exploring their contents reveals a glimpse into the user's life. As technology develops and these phones advance, this glimpse becomes a more complete picture of the user's life. The Fourth Amendment speaks of a right to be secure against unreasonable searches and seizures, but this right is threatened when judges permit the few exceptions to the warrant requirement to envelop the general rule. This Note begins with a brief review of the history of both cellphones and warrantless searches, followed by the recent history of warrantless cell phone searches. While focusing on the search- …

No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm

Georgia Law Review

Google and other search engines allow anyone with Internet access the ability to obtain a wealth of information about their neighbors, acquaintances, employees, or even adversaries. Although easy access to information is generally a positive development, the easy discovery of highly personal and stigmatizing information often is not. It is particularly disconcerting when the information is being purveyed by appellate courts around the nation when they post hundreds of opinions to court websites every day. This Article surveys the use of initials and pseudonyms in appellate opinions for victims of crime, children, the mentally ill, jurors, and others. It discusses …

The Human Right To Privacy, James Griffin

San Diego Law Review

To say much of interest about a particular human right, we have to know its content. So we have to know how to decide its content. That is where I shall start.

"I'Ve Got Nothing To Hide" And Other Misunderstandings Of Privacy, Daniel J. Solove

San Diego Law Review

In this short Article, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide …

Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2007 Editors' Symposium of the San Diego Law Review. This year's theme is: "Informational Privacy: Philosophical Foundations and Legal Implications."

Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee

San Diego Law Review

The controversy over the Bush Administration's warrantless wiretapping program will not disappear any time soon. Legislators, policymakers, and academics should be thinking about whether and under what circumstances such surveillance should be illegal. A major factor in that decision is the moral status of such wiretapping. This essay, written for a symposium on moral rights to informational privacy, argues that two key determinants in the morality of warrantless wiretapping are (1) whether the subjects of the surveillance are known terrorists; and (2) whether the wiretapping is part of a pre-emptive surveillance program, or instead whether government operatives actually know of …

The Right To Privacy Unveiled, Samuel C. Rickless

San Diego Law Review

The purpose of this Article is to bring order to this theoretical chaos. In my view, none of these accounts of the right to privacy is accurate. As I will argue, we are better served by a completely different theoretical description of the relevant right. It is my hope that greater philosophical clarity in this area of ethics will lead to a more careful appreciation of the value of the right to privacy, as well as legislation and judicial reasoning that is more carefully crafted to protect against violations of the right. This Article is organized as follows: In Part …

Some Questions For The Barrier Theory, Alan Rubel

San Diego Law Review

Having set out the basics, Rickless considers several questions one might pose for the Barrier Theory. For example, must the barrier be solid? No. Must the barrier be erected by, rather than merely used by, the rightholder? No. Must the barrier be morally permissible in the first instance? No. While Rickless's answers seem correct, I think that they raise some concerns about the Barrier Theory.

Toward Informational Privacy Rights, Adam D. Moore

San Diego Law Review

In this paper I will offer several arguments in support of the view that individuals have moral claims to control personal information. Coupled with rights to control access to one's body, capacities, and powers, or physical privacy rights, we will have taken important steps toward a general right to privacy. In Part I, a definition of privacy is offered along with an account of the value of privacy. Simply put, privacy - defined as control over access to locations and information - is necessary for human well-being. In Part II, an attempt to move beyond claims of value to claims …