Privacy Law Commons^™

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Real You Meets Virtual You: It Is Time For Consumers To Regain Power Online, Neeka Hodaie

Seattle Journal for Social Justice

No abstract provided.

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Candidate Privacy, Rebecca Green

Washington Law Review

In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public eye sacrifice claims to privacy. This refrain is rooted deep within the American enterprise, emanating from the Framers’ concept of the informed citizen as a bedrock of democracy. Voters must have full information about candidates to make their choices at the ballot box. Even as privacy rights for ordinary citizens have expanded, privacy theorists and courts continue to exempt candidates from privacy protections. This Article suggests that two disruptions warrant revisiting the privacy interests of candidates. The first is a …

Bad Actors: Authenticity, Inauthenticity, Speech, And Capitalism, Sarah C. Haan

Scholarly Articles

“Authenticity” has evolved into an important value that guides social media companies’ regulation of online speech. It is enforced through rules and practices that include real-name policies, Terms of Service requiring users to present only accurate information about themselves, community guidelines that prohibit “coordinated inauthentic behavior,” verification practices, product features, and more.

This Article critically examines authenticity regulation by the social media industry, including companies’ claims that authenticity is a moral virtue, an expressive value, and a pragmatic necessity for online communication. It explains how authenticity regulation provides economic value to companies engaged in “information capitalism,” “data capitalism,” and “surveillance …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz

Indiana Journal of Law and Social Equality

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger

Brooklyn Journal of International Law

Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …

Data Scams, Roger Allan Ford

Law Faculty Scholarship

Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Restoring Accountability In Freedom Of Expression Theory: Public Libel Law And Radical Whig Ideology, Randall Stephenson

Osgoode Hall Law Journal

As leading common law jurisdictions grapple with the Internet’s impact on defamation law, comparative legal scholarship has revealed long-standing problems with its underlying theoretical justifications. Specifically, public libel doctrine is commonly supported by appeals to democratic theory in the abstract. Accountability concerns most relevant to adjudicating public libel cases are thus routinely overlooked. This article aims to diagnose the causes of these theoretical inaccuracies, describe their impact on public libel law, and translate their significance for law reform. Through exploring eighteenth-century libertarian thought, we highlight the foundational importance of accountability and the checking function rationale to democratic theory and governance. …

Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson

Brooklyn Journal of International Law

In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …

The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan

Brooklyn Journal of International Law

Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program In Law, Media And Society, Bonavero Institute Of Human Rights, Cardozo Law Moot Court Honor Society

2018–2019 Flyers

This expert panel discussion, moderated by Professor Monroe Price, explored the evolving challenges and regulatory efforts related to social media. Held on Thursday, January 31st, from 6–8pm in the Moot Court Room at Cardozo School of Law, the event addressed pressing issues such as child pornography, cyberstalking, hate speech, terrorist content, and the impact of social media on U.S. elections. Panelists included Robyn Caplan (Data and Society), Jessa Lingel (University of Pennsylvania), and Cardozo Professor Felix Wu, whose work focuses on freedom of expression and cybersecurity. Presented by the Howard M. Squadron Program in Law, Media and Society in partnership …

How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez

Catholic University Journal of Law and Technology

This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …

Facebook-Cambridge Analytica Data Harvesting: What You Need To Know, Ikhlaq Ur Rehman

Library Philosophy and Practice (e-journal)

In 2018, it became public knowledge that millions of Facebook users’ data had been harvested without their consent. At the heart of the issue was Cambridge Analytica (CA) which in partnership with Cambridge researcher, Aleksandr Kogan harvested data from millions of Facebook profiles. Kogan had developed an application called “thisisyourdigitallife” which featured a personality quiz and CA paid for people to take it. The app recorded results of each quiz, collected data from quiz taker’s Facebook account such as personal information and Facebook activity (e.g., what content was “liked”) as well as their Facebook friends which led to data harvesting …

The Left's Law-And-Order Agenda, Aya Gruber

Publications

No abstract provided.

Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley

Texas A&M Law Review

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …

Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt

Texas A&M Law Review

Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but this time, its victim of …

Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall

Catholic University Journal of Law and Technology

Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …

There’S Nowhere To Hide: Artificial Intelligence And Privacy In The Fourth Industrial Revolution, Sarah Denton, Eleonore Pauwels, Yujia He, Walter G. Johnson

Patterson School of Diplomacy and International Commerce Faculty Publications

At its core, artificial intelligence (AI) optimizes data. Machine-learning algorithms, one component of AI, are trained using massive datasets curated by humans to predict various aspects of our daily lives. Such predictive intelligence could be a positive force amplified by continued decentralization of the technology. Or, ubiquitous cognition and surveillance could be a disruptive force amplified by the unregulated proliferation of AI technologies. Yet, though we will certainly see more and more AI systems being integrated into every facet of our infrastructures, homes, and bodies, the proliferation of AI technology isn’t the problem. A privacy-security quagmire arises from the interconnectivity …

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping …

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review (2017-Present)

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.