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Articles 1 - 25 of 25
Full-Text Articles in Privacy Law
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
BYU Law Review
Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …
Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky
Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky
BYU Law Review
This Article identifies and analyzes a previously unrecognized source of positive externalities within cybersecurity, which we term "cybersecurity spillovers". Most commentators have focused on negative externalities and market failures, leading to a pervasive pessimism about the possibility of adequate cybersecurity protections. In response, this Article demonstrates that unique dynamics from the world of cloud computing – most notably, indivisibility – may force cloud service firms to generate spillovers. These spillovers are additional security protections provided to common cloud users: clients who may not have been willing or able to acquire these security services otherwise. Furthermore, this additional source of security …
State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic
State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic
BYU Law Review
No abstract provided.
Copyright’S Memory Hole, Eric Goldman, Jessica Silbey
Copyright’S Memory Hole, Eric Goldman, Jessica Silbey
BYU Law Review
There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.
The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel 1984.
This Article …
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
BYU Law Review
Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.
Traditional privacy pillars such as the home and secrecy of communications do …
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
Standing Room Only: Solving The Injury-In-Fact Problem For Data Breach Plaintiffs, Nick Beatty
BYU Law Review
No abstract provided.
The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes
The Creation Of Hipaa Culture: Prioritizing Privacy Paranoia Over Patient Care, Jessica Jardine Wilkes
BYU Law Review
No abstract provided.
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
BYU Law Review
No abstract provided.
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
BYU Law Review
No abstract provided.
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
BYU Law Review
No abstract provided.
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
BYU Law Review
No abstract provided.
Elvis Is Alive, But He Shouldn't Be: The Right Of Publicity Revisited, Lee Goldman
Elvis Is Alive, But He Shouldn't Be: The Right Of Publicity Revisited, Lee Goldman
BYU Law Review
No abstract provided.
The Court, The Academy, And The Constitution: A Comment On Bowers V. Hardwick And Its Critics, Earl M. Maltz
The Court, The Academy, And The Constitution: A Comment On Bowers V. Hardwick And Its Critics, Earl M. Maltz
BYU Law Review
No abstract provided.
Confidentiality Of Tenure Review And Discovery Of Peer Review Materials, James H. Brooks
Confidentiality Of Tenure Review And Discovery Of Peer Review Materials, James H. Brooks
BYU Law Review
No abstract provided.
Rethinking Roe V. Wade, Lynn D. Wardle
Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen
Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen
BYU Law Review
No abstract provided.
Live Or Let Die; Who Decides An Incompetent's Fate? In Re Storar And In Re Eichner, Kevin W. Bates
Live Or Let Die; Who Decides An Incompetent's Fate? In Re Storar And In Re Eichner, Kevin W. Bates
BYU Law Review
No abstract provided.
An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton
An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton
BYU Law Review
No abstract provided.
Counseling, Consulting, And Consent: Abortion And The Doctor-Patient Relationship, Mary Anne Wood, W. Cole Durham Jr.
Counseling, Consulting, And Consent: Abortion And The Doctor-Patient Relationship, Mary Anne Wood, W. Cole Durham Jr.
BYU Law Review
No abstract provided.
From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?
From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?
BYU Law Review
No abstract provided.
What Is A Record? Two Approaches To The Freedom Of Information Act's Threshold Requirement
What Is A Record? Two Approaches To The Freedom Of Information Act's Threshold Requirement
BYU Law Review
No abstract provided.
Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins
Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins
BYU Law Review
No abstract provided.
Constitutional Law-Right Of Privacy-State Statute Prohibiting Private Consensual Sodomy Is Constitutional-Doe V. Commonwealth's Attorney
BYU Law Review
No abstract provided.
The Confidentiality Of University Student Records: A Common Law Analysis
The Confidentiality Of University Student Records: A Common Law Analysis
BYU Law Review
No abstract provided.
Constitutional Law - Minors' Right Of Privacy Versus Parental Right Of Control - Access To Contraceptives Absent Parental Concent - T H V. Jones, Damian C. Smith
Constitutional Law - Minors' Right Of Privacy Versus Parental Right Of Control - Access To Contraceptives Absent Parental Concent - T H V. Jones, Damian C. Smith
BYU Law Review
No abstract provided.