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Articles 1 - 7 of 7
Full-Text Articles in Privacy Law
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Brooklyn Journal of International Law
Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Brooklyn Journal of International Law
Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
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 …
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Brooklyn Law Review
This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access are …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
Brooklyn Law Review
Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …