Privacy Law Commons^™

Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin

Articles

Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …

The Right To Be Forgotten: Who Decides What The World Forgets, Patricia S. Abril, Jacqueline D. Lipton

Articles

In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyberlaw community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital right to be forgotten." The search results in question related to a mortgage sale of property in a bankruptcy …

Legislating Our Reasonable Expectations: Making The Case For A Statutory Framework To Protect Workplace Privacy In The Age Of Social Media, David Miller

University of Miami Business Law Review

No abstract provided.

The Fourth Amendment In The Information Age, Ricardo J. Bascuas

Articles

In 2013, the Supreme Court tacitly conceded that the expectations-of-privacy test used since 1967 to assess claims of Fourth Amendment violations was inadequate. It asserted that the previous property-based test for Fourth Amendment violations had never despite widespread agreement to the contrary been overruled. The Court compounded its artfulness by applying a new, significantly weaker trespass test that, like the expectations-of-privacy test, enjoys no legal pedigree. This new trespass test, which is to be applied together with the expectations-of-privacy test, suffers from the same defect as the test it purportedly supplements. It does not require the government to respect private …

"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin

Articles

No abstract provided.

Hard To Believe: The High Cost Of A Biometric Identity Card, A. Michael Froomkin, Jonathan Weinberg

Short Works

No abstract provided.

Two Notions Of Privacy Online, Avner Levin, Patricia S. Abril

Articles

Users of social networking websites tend to disclose much personal information online yet seem to retain some form of an expectation of privacy. Is this expectation of privacy always unreasonable? How do users of online social networks define their expectations of privacy online?

These questions were the impetus behind an empirical study, the findings of which are presented in this Article. The project, simultaneously conducted in Canada, at Ryerson University, and in the United States, at the University of Miami, consisted of a survey regarding personal information protection and expectations of privacy on online social networks (OSNs). Approximately 2,500 young …

Creating A Viral Federal Privacy Standard, A. Michael Froomkin

Articles

No abstract provided.

The Death Of Privacy?, A. Michael Froomkin

Articles

The rapid deployment of privacy-destroying technologies by governments and businesses threatens to make informational privacy obsolete. The first part of this article describes a range of current technologies to which the law has yet to respond effectively. These include: routine collection of transactional data, growing automated surveillance in public places, deployment of facial recognition technology and other biometrics, cell-phone tracking, vehicle tracking, satellite monitoring, workplace surveillance, Internet tracking from cookies to "clicktrails", hardware-based identifiers, intellectual property-protecting "snitchware," and sense-enhanced searches that allow observers to see through everything from walls to clothes. The cumulative and reinforcing effect of these technologies may …

The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin

Articles

No abstract provided.

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.

The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin

Articles

No abstract provided.

It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin

Articles

No abstract provided.

The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

Articles

No abstract provided.