Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Litigation (4)
- Intellectual Property Law (3)
- Civil Law (2)
- Computer Law (2)
-
- First Amendment (2)
- Internet Law (2)
- Legal Remedies (2)
- Science and Technology Law (2)
- Torts (2)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- Fourth Amendment (1)
- Health Law and Policy (1)
- Law and Gender (1)
- Medical Jurisprudence (1)
- National Security Law (1)
- Sexuality and the Law (1)
- Supreme Court of the United States (1)
- Keyword
-
- Affirmative consent; revenge porn; copyright (1)
- Biometric; biometric data; protection; legislation; reform; personal identifier; personally identifiable information (1)
- Data breach; standing; data breach litigation; hacking; personal information; data theft; personally identifiable information; data breach notification; cybersecurity; law; policy; third party cyber liability (1)
- First Amendment; mask; mask wearing; Antifa; mask law doctrine; surveillance; free speech; free expression; law; policy (1)
- Fourth Amendment; Cellphones; Location-based services; Cell Site Location Information; Smith v. Maryland; United States v. Miller; Third Party Doctrine; Reasonable Expectation of Privacy (1)
-
- Ninth Circuit; protective order; First Amendment; litigation; public policy; more than tangential; Center for Auto Safety; motion to seal; court records; open proceedings; open court; right to know; public access (1)
- Privacy health; health information; biotechnology; genetics; healthcare; protected health information; black box; abortion; law; policy; informational rights; genome; genomic sequencing; big data; genomic data (1)
Articles 1 - 8 of 8
Full-Text Articles in Privacy Law
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
Journal of Law and Policy
Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason. The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test. With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Journal of Law and Policy
As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
Journal of Law and Policy
When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
Journal of Law and Policy
Most have heard the phrase “revenge pornography” via the various websites that have infiltrated the internet for the sole purpose of posting this type of content. Not only do these websites display photos and videos of the victim in their most intimate moments, but they also often include names, addresses, phone numbers, and other identifying information. While many people know what revenge pornography is, they are completely unaware of the devastating impact that revenge pornography has on victims, the majority of which are women. As a result of revenge pornography, victims often suffer from mental illnesses (depression, anxiety, suicidal ideation, …
Biometric Data Collection In An Unprotected World: Exploring The Need For Federal Legislation Protecting Biometric Data, Carra Pope
Journal of Law and Policy
Currently, there are no federal statutes which protect or regulate the collection of biometric information. Because biometric identifiers cannot be changed if compromised, it is increasingly crucial that this data be protected by law. This note examines the barriers to federal legislation which would protect and regulate biometric data, as well as the steps that should be taken to enact federal biometric legislation in the future.
Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes
Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes
Journal of Law and Policy
The Fourth Amendment, which affords individuals protection from unreasonable searches and seizures, was ratified over two hundred years ago. As such, it was impossible for the Amendment’s framers to conceive the technologies that exist today. As technology progresses, courts are often faced with the task of deciding how the Fourth Amendment should apply in the modern world. As Fourth Amendment jurisprudence has developed, the Supreme Court has originated tests and doctrines for courts to use when hearing Fourth Amendment challenges to government action. One such test, the ‘reasonable expectation of privacy’ test, looks to see whether an individual has a …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …