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Full-Text Articles in Privacy Law
Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick
Redefining The Injury-In-Fact: Treating Personally Identifying Information As Bailed Property, Austin Headrick
Georgia Law Review
There is a long-existing circuit split among federal courts of appeals as to whether an individual has standing under Article III of the United States Constitution when their personally identifying information (PII) is stolen from an entity to which they entrusted it such as a hospital or bank. Federal courts disagree as to whether an individual whose PII has been stolen—without more—has suffered an injury-in-fact, a necessary element of standing. The disagreement between the courts centers on whether the injury-in-fact has already occurred at the time the PII is stolen or whether the injury occurs once the PII has been …
Personal Property Servitudes On The Internet Of Things, Christina Mulligan
Personal Property Servitudes On The Internet Of Things, Christina Mulligan
Georgia Law Review
Small appliances such as thermostats, watches, jewelry, and eyewear are now being made available with networking capability. These networked objects make up the growing Internet of Things-pieces of personal property that run software and connect to the global Internet. These products are typically governed by terms of service or end-user license agreements that create restrictions on how products can be used or transferred- restrictions which would be unenforceable if the inside of the product consisted of gears rather than processing chips. This Article explores the question of when use and transfer restrictions should be enforceable on networked appliances and other …