Privacy Law Commons^™

Contracting For Fourth Amendment Privacy Online, Wayne A. Logan, Jake Linford

Scholarly Publications

No abstract provided.

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …

Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta

Florida State University Law Review

No abstract provided.

The Criminal Justice Black Box, Samuel R. Wiseman

Scholarly Publications

"Big data "-- the collection and statistical analysis of numerous digital data points -- has transformed the commercial and policy realms, changing firms' understanding of consumer behavior and improving problems ranging from traffic congestion to drug interactions. In the criminal justice field, police now use data from widely dispersed monitoring equipment, crime databases, and statistical analysis to predict where and when crimes will occur, and police body cameras have the potential to both provide key evidence and reduce misconduct. But in many jurisdictions, digital access to basic criminal court records remains surprisingly limited, and, in contrast to the civil context, …

Privacy In Taxation, Michael Hatfield

Florida State University Law Review

No abstract provided.

The Second Amendment Burden: Arming Courts With A Workable Standard For Reviewing Gun Safety Legislation, Melanie Kalmanson

Florida State University Law Review

Two controversial topics; one framework. Jurisprudence surrounding the Second Amendment to the U.S. Constitution lacks a workable standard under which courts are to review gun control legislation. This Note presents an intersectional argument whereby the abortion “undue burden” framework is applied to Second Amendment legislation. Through this approach of applying the abortion framework to gun control legislation, like those recently proposed or discussed, this Note argues that these provisions would likely be constitutional. Though abortion is at the center of this discussion, this Note does not aim to contribute to discourse concerning reproductive rights and accepts prima facie the current-standing …

Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz

Scholarly Publications

This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …

Privacy As Quasi-Property, Lauren Henry Scholz

Scholarly Publications

Courts and commentators struggle to apply privacy law in a way that conforms to the intuitions of the average person. It is often assumed that the reason for this discrepancy is the absence of an agreed upon conceptual definition of privacy. In fact, the lack of a description of the interest invaded in a privacy matter is the more substantial hurdle. This Article provides such a description of the privacy interest.

Privacy is quasi-property. Quasi-property is a relational entitlement to exclude. Unlike real property, there is no freestanding right to exclude from a quasi-property interest absent reference to a relationship …

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Nat Stern, Mark Joseph Stern

Scholarly Publications

No abstract provided.

Note, Institutionally Appropriate Approaches To Privacy: Striking A Balance Between Judicial And Administrative Enforcement Of Privacy Law, Lauren Henry Scholz

Scholarly Publications

No abstract provided.

Publicity Rights As Moral Rights, David Landau, David Westfall

Scholarly Publications

Recent legal history has witnessed the creation of a large number of new forms of property. Consequently, judges and legislators have generally been willing to imbue these new forms of property with all or most of the attributes of traditional property. In this article we try to explain this trend by examining one important new kind of property, the publicity right. Publicity rights initially emerged in response to functionalist considerations: transferable rights were needed to keep pace with commercial custom. As time went on, courts began to expand the attributes of the right to new frontiers, such as inheritability. In …

Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres

Florida State University Law Review

No abstract provided.

Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin

Florida State University Law Review

No abstract provided.

Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson

Florida State University Law Review

No abstract provided.

To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.

Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.