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Articles 1 - 30 of 44
Full-Text Articles in Privacy Law
Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program, Patrick Miskovsky
Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program, Patrick Miskovsky
Student Journal of Information Privacy Law
This article discusses the need for federal policy in the cybersecurity insurance market, and it considers whether existing federal insurance programs could serve as models for a national cyber insurance regime. After framing the issue through a discussion of current cyber risks, the article examines the structure and mechanics of three existing federal insurance programs: the Terrorism Risk Insurance Program, the National Flood Insurance Program, and the Federal Deposit Insurance Corporation. The article concludes by noting that elements of each would be essential in a federal cyber insurance program, and that policymakers should consider the extent to which these models …
The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee
The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee
Student Journal of Information Privacy Law
As artificial intelligence (AI) becomes increasingly embedded in employment practices, particularly in hiring and screening, the need for robust regulatory frameworks is urgent. This Article focuses on the growing use of AI in workplace decision-making, highlighting the risks of algorithmic bias and discrimination. It argues that while the United States lacks a unified legal approach to governing AI in employment, the European Union (EU) has taken a more proactive and comprehensive stance. Through instruments like the proposed EU AI Act and existing data protection laws such as the General Data Protection Regulation (GDPR), the EU imposes meaningful obligations on employers …
The Structural Problem With Real-Time Crime Centers, Holly Merclich
The Structural Problem With Real-Time Crime Centers, Holly Merclich
Student Journal of Information Privacy Law
Since the terror attacks of September 11, 2001, the government has become fixated with public safety, oftentimes at the expense of individual privacy. The surveillance state expanded after this in the early 2000s, and the country’s first Real Time Crime Centers were born. Real Time Crime Centers are hubs where different technologies and information are fused and aggregated into one easy to use space. Data outputs from automated license plate readers, closed circuit television, and various law enforcement databases are aggregated into one single pane of glass view to achieve higher rates of case closures and increase the efficiency of …
Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin
Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin
Student Journal of Information Privacy Law
Following the birth of the Federal Arbitration Act–which made arbitration agreements valid, enforceable, and irrevocable in courts of law–mandatory arbitration clause use in commercial, consumer, and employment contracts exploded. These types of clauses require parties to submit all disputes arising out of or related to a contract to an impartial third party. This third party, known as the arbitrator, reviews the facts, listens to the parties’ arguments, and makes a final, binding decision resolving the dispute. Corporations have long relied on mandatory arbitration clauses to resolve disputes privately and confidentially, often hoping to avoid the public scrutiny and accountability associated …
A Framework For The Use Of Facial Recognition Technology In Policing: Is Your Face Equivalent To Your Ip Address?, Amirah Farooq
A Framework For The Use Of Facial Recognition Technology In Policing: Is Your Face Equivalent To Your Ip Address?, Amirah Farooq
Student Journal of Information Privacy Law
This paper argues that police use of facial recognition technology constitutes a “search” within the meaning of section 8 of the Canadian Charter of Rights and Freedoms and therefore requires prior judicial authorization. Part A provides the background for this argument and begins with a case study of Clearview AI to establish the regulatory gap in Canadian AI legislation. Part B develops this argument by relying on the rules of evidence, the Charter, and analogies drawn from current case law. Part C addresses counterarguments. Part D concludes with a summary of the proposed framework and emphasizes the importance of a …
Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan
Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan
Student Journal of Information Privacy Law
As recommendation algorithms and generative artificial intelligence become central to digital platforms, the Federal Trade Commission has, in the past, increasingly signaled its intent to regulate emerging technologies under Section 5 authority to prevent unfair or deceptive acts or practices. This paper examines how companies may face Federal Trade Commission scrutiny when algorithmic design, personalization systems, or public representations result in consumer harm. Drawing on case studies involving TikTok, Facebook, Snapchat, and others, the paper explores the limitations of plaintiff litigation under Section 230 of the Communications Decency Act and examines this potential avenue of expanding federal administrative enforcement. It …
Kennelly V. Mid Coast And The Maine Law Court's Erroneous Ruling On The Discoverability Of Redacted Patient Info, John Blegen
Kennelly V. Mid Coast And The Maine Law Court's Erroneous Ruling On The Discoverability Of Redacted Patient Info, John Blegen
Student Journal of Information Privacy Law
This paper examines a recent Maine Law Court decision, Kennelly v. Mid Coast, in which the Law Court held that the medical records of individuals not involved in a lawsuit, even when redacted of identifying materials, are protected from discovery orders in a malpractice lawsuit, where the records would be used to demonstrate a standard of care to be expected of the administering doctor. It then examines the privacy interests individuals retain in their redacted healthcare records more broadly, in part to emphasize the large variety of contexts in which this issue can come up, and also to show how …
Can Ai Fix Anti-Money Laundering? The Case For Federated Intelligence In Financial Crime Prevention, Matthias Connelly
Can Ai Fix Anti-Money Laundering? The Case For Federated Intelligence In Financial Crime Prevention, Matthias Connelly
Student Journal of Information Privacy Law
The global anti-money laundering (AML) regime is failing. Trillions of dollars are laundered each year, yet governments detect only a fraction of that activity, even as financial institutions spend hundreds of billions on compliance. In the United States, AML regulation has evolved from a retrospective, prosecution-oriented framework into an expansive, preventative regime that measures inputs rather than enforcement outcomes. Although artificial intelligence has demonstrated potential to improve detection, firm-siloed AI systems introduce substantial financial, technological, and systemic risks, including prohibitive development costs, data- privacy constraints, and market concentration among third-party service providers. This Article argues that federated learning offers a …
Friend Or Tether: How Regulation Can Cut The Strings Of Manipulative Chatbots, Steve Hammerton
Friend Or Tether: How Regulation Can Cut The Strings Of Manipulative Chatbots, Steve Hammerton
Student Journal of Information Privacy Law
In the time since AI chatbots and other LLMs became widely available to the public, there has been a pattern of deaths linked to interactions with this technology. While it was settled in early 2026, Garcia v. Character Technologies serves as a case study of how AI chatbots can negatively prey on vulnerable groups in the absence of interventions to mitigate harmful AI behaviors and tragic human outcomes. There is not a singular approach to regulating the harmful effects of predatory chatbots; however, this paper advocates for a harms-based regime influenced by protections in human-subject research. In a sense, AI …
Civil Rights And The Edtech Revolution, Kirsten Mettler
Civil Rights And The Edtech Revolution, Kirsten Mettler
Student Journal of Information Privacy Law
Education technology (EdTech) products, like grading software and plagiarism detectors, have increasingly led to concerns over discrimination issues in schools. While, in some instances, schools can be held liable under the federal education civil rights statutes for these harms, that solution is insufficient. EdTech companies should themselves be held responsible. EdTech companies have not historically been understood to fall under these federal statutes, but this Article argues these companies can appropriately be governed by these laws as “recipients” of federal financial assistance. Most EdTech companies should qualify as “recipients” of federal financial assistance under one of three theories: they are …
Foreword, Caroline Aiello
Editorial Board Vol. 4 No. 1 (2026)., Caroline Aiello Editor-In-Chief
Editorial Board Vol. 4 No. 1 (2026)., Caroline Aiello Editor-In-Chief
Student Journal of Information Privacy Law
Masthead Editorial Board Vol. 2 No. 1
Social Media: One Of Fast Fashion’S Biggest Influencers Why Legal Intervention Is Essential To Reduce Social Media’S Promotion Of Fast Fashion– An Industry Founded On Unsustainable Business Practices, Abigail Mccann
Student Journal of Information Privacy Law
The purpose of this paper is to convey why legal intervention is an essential step in curtailing social media’s promotion of fast fashion, which often occurs through brand utilization of various predatory advertising methods. Research has suggested growing opposition to both social media and clothing regulations. As a result, the most proactive way to confront the issue is by attacking corporate activity head-on. This will occur through the implementation of a mandatory three-factor sustainability compliance program, required for all fast fashion corporations advertising via social media. Additionally, to ensure brand transparency, compliance with the program will require the publication of …
Examining Netchoice And Murthy: Content Moderation In The Hands Of The Supreme Court, Devin B. Forbush
Examining Netchoice And Murthy: Content Moderation In The Hands Of The Supreme Court, Devin B. Forbush
Student Journal of Information Privacy Law
The right to free speech is often justified by the idea that an undisturbed marketplace of ideas is an essential ingredient for a healthy democracy. While in many cases we may believe the views espoused by that speech are incorrect, ignorant, or even harmful, those reasons do not justify silencing those views. In 2024, there is a clear social divide between social media platforms’ content-moderation practices. On one side, anti-moderation advocates opine that social media platforms have a distinct and pervasive bias in moderating user content and viewpoints indiscriminately. On the other side, many advocates contend that social media platforms …
Taking Matters Into Your Own Hands; Using The Private Rights Of Action In Udap Statutes To Hold Businesses Accountable For Data Breaches, Deirdre Sullivan
Taking Matters Into Your Own Hands; Using The Private Rights Of Action In Udap Statutes To Hold Businesses Accountable For Data Breaches, Deirdre Sullivan
Student Journal of Information Privacy Law
The private rights of action in state unfair and deceptive acts and practices (UDAP) laws present a promising way for consumers to recover after a data breach. Plaintiffs’ attorneys have faced challenges in pleading data breach claims under negligence, unjust enrichment, and state data breach notification theories—significantly their challenges stem from issues with standing. UDAP statutes, modeled after s.5 of the FTC Act, present a plausible path to recovery for plaintiffs, with more success in regard to issues of standing. This paper will analyze UDAP claims in four different states and explore the success plaintiffs have had so far, and …
Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner
Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner
Student Journal of Information Privacy Law
The growth of the Internet of Things (IoT) poses new and substantial security risks for individual and national security. The IoT leaves networks susceptible to hacking, a form of unauthorized access into another person’s system or device. All devices that use the IoT are at risk of unauthorized access—a few examples include vehicles or medical devices. Currently, there are no regulations requiring corporations to protect their software from unauthorized intrusions. However, the current tort landscape does not allow for individuals to recover when there are unauthorized network intrusions where there is no tangible harm. This paper discusses why cybersecurity intrusions …
Editorial Board Vol. 2. No.1 (2024), Hannah Babinski Editor-In-Chief
Editorial Board Vol. 2. No.1 (2024), Hannah Babinski Editor-In-Chief
Student Journal of Information Privacy Law
Masthead Editorial Board Vol. 2. No.1 (2024)
An Inadequate Band-Aid: Existing Privacy Law Has Uncertain Application To Web-Scraped Personal Information Used To Train Ai, Jody L. Eckman
An Inadequate Band-Aid: Existing Privacy Law Has Uncertain Application To Web-Scraped Personal Information Used To Train Ai, Jody L. Eckman
Student Journal of Information Privacy Law
To legislate high-growth technology requires fine-tuned balance, but the current state of AI legislation swings in favor of AI providers given U.S. lawmakers near non-existent response. From healthcare to education, the financial industry to the legal field, AI has gained a grip stronger than any legal band-aid lawmakers might believe to be in place and protecting consumers. I argue that based on a survey of current U.S. legislation, AI providers are being given the chance to have their cake and eat it too at the expense of consumers’ rights. Such a perfectly permissible feast is why lawmakers must promptly and …
The Right To Privacy And The Japanese Constitution, Mark A. Sayre
The Right To Privacy And The Japanese Constitution, Mark A. Sayre
Student Journal of Information Privacy Law
Much focus has been placed on the rapid adoption of laws and regulations governing information and data privacy around the globe. While such laws and regulations are undoubtedly critical in quelling increasing concerns about invasions of privacy enabled by technological advancements, a focus on new laws and regulations alone overlooks a critical and more foundational source of privacy rights—national constitutions. This paper analyzes whether a right to privacy exists under the Japanese Constitution and how the nature and scope of such a right is impacted by Japanese culture. An overview of key early court cases framing the right to privacy …
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny
Maine Law Review
Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …
Digitizing The Fourth Amendment: Privacy In The Age Of Big Data Policing, Charles E. Volkwein
Digitizing The Fourth Amendment: Privacy In The Age Of Big Data Policing, Charles E. Volkwein
Privacy Certificate Student Publications
Today’s availability of massive data sets, inexpensive data storage, and sophisticated analytical software has transformed the capabilities of law enforcement and created new forms of “Big Data Policing.” While Big Data Policing may improve the administration of public safety, these methods endanger constitutional protections against warrantless searches and seizures. This Article explores the Fourth Amendment consequences of Big Data Policing in three parts. First, it provides an overview of Fourth Amendment jurisprudence and its evolution in light of new policing technologies. Next, the Article reviews the concept of “Big Data” and examines three forms of Big Data Policing: Predictive Policing …
Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora
Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora
Privacy Certificate Student Publications
This paper is about revenge porn statutes within and outside of the United States and their privacy consequences to victims. This paper focuses heavily on two state laws and reviews a case in each state and then explains the implications the ruling has on victims. With other countries' statutes, the paper primarily focuses on penalties for violations. To finish, there is a review of a failed proposed US statute and then I propose my own law and penalties.
Life's Not Fair. Is Life Insurance?, Mark A. Sayre
Life's Not Fair. Is Life Insurance?, Mark A. Sayre
Privacy Certificate Student Publications
The rapid adoption of artificial intelligence by life insurance companies increases the risk that such practices may unfairly discriminate against insurance applicants based on race. The article briefly discusses the history of racial discrimination in life insurance pricing, followed by a summary of current antidiscrimination law. Next, proposed state legislation to address discrimination risks posed by artificial intelligence is discussed. Finally, the article discusses the potential that professional standards may provide a faster way to mitigate discrimination risk in a nationally uniform manner.
Leaning Into Chaos (Child's Health And Online Safety Act): Revision To Ftc's Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz
Leaning Into Chaos (Child's Health And Online Safety Act): Revision To Ftc's Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz
Privacy Certificate Student Publications
This article focuses on the need for a new model act introduced by the author (the Child’s Health and Online Safety Act) to amend the Child’s Online Privacy Protection Rule. First, to understand the landscape of existing child privacy protections, this article discusses the historical background of the Federal Trade Commission’s (FTC’s) authority to regulate child advertising. Furthermore, this article illustrates how the current law, the Children’s Online Privacy Protection Rule (COPPA), regulates entities who direct their websites or online services and advertising to children. Next, this article introduces case law that illustrates the weaknesses of COPPA. Finally, the focus …
Narrowing Data Protection's Enforcement Gap, Filippo Lancieri
Narrowing Data Protection's Enforcement Gap, Filippo Lancieri
Maine Law Review
The rise of data protection laws is one of the most profound legal changes of this century. Yet, despite their nominal force and widespread adoption, available data indicates that these laws recurrently suffer from an enforcement gap—that is, a wide disparity between the stated protections on the books and the reality of how companies respond to them on the ground. Indeed, Appendix I to this Article introduces a novel literature review of twenty-six studies that analyzed the impact on the ground of the GDPR and the CCPA: none found a meaningful improvement in citizen’s data privacy. This raises the question: …
The Development And The Future Of Privacy In Maine, Scott P. Bloomberg
The Development And The Future Of Privacy In Maine, Scott P. Bloomberg
Maine Law Review
In the United States, privacy law has traditionally developed in concert with intrusions created by newfangled technologies. This pattern has held true in Maine. Beginning in the late 1960s, the state has experienced three eras of privacy reform that track the technological advances of the mid-century, the internet era, and the new era of social media and big data. This Article details these three eras of reform and advances several proposals for responding to the challenges posed by the era that we are living through today. Indeed, at the beginning of the 2020s, there is much work on the horizon …
Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon Garon
Maine Law Review
Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As content producers shift away from broadcast and cable, much of the government’s regulatory control will end, resulting in new consequences for public policy and new challenges involving privacy, advertising, and antitrust law. Despite the technological change, there are compelling government interests in a healthy media environment. This article explores the …
A Section-By-Section Analysis Of Maine's Freedom Of Access Act, Anne C. Lucey
A Section-By-Section Analysis Of Maine's Freedom Of Access Act, Anne C. Lucey
Maine Law Review
There seems to be no absolute freedom of information. Even President Lyndon B. Johnson's declaration made on July 4, 1966, as he signed the Freedom of Information Act (FOIA) into law, indicates the limitations accompanying most right-to-know laws from their inception. A delicate balance must be struck between the public's access to public business and the public interest, between the public's access and a person's right to privacy, and, at the federal level, between the public's access and national security. Maine also crafted a limited freedom of information law, the Freedom of Access Act ("FOAA" or "the Act"), seven years …
Some Limits On The Judicial Power To Restrict Dissemination Of Discovery, Thomas C. Bradley
Some Limits On The Judicial Power To Restrict Dissemination Of Discovery, Thomas C. Bradley
Maine Law Review
The pretrial process of discovery governed by Federal and Maine Rule of Civil Procedure 26 enables plaintiffs in product liability actions to delve where few people have delved before—into a corporation's internal memoranda, competitive practices, and secret product or design information as well as other less sensitive information in a company's possession. Discovery, in this context as in others, is a powerful tool determined by the courts to be necessary for the just litigation of claims. As a balance to the leeway given parties to compel production of information in discovery, federal and Maine courts have the authority under Federal …
An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short
An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short
Maine Law Review
The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article …