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Privacy Law Commons

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Articles 1 - 25 of 25

Full-Text Articles in Privacy Law

The Tesla Meets The Fourth Amendment, Adam M. Gershowitz May 2023

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 May 2022

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 Sep 2020

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 Aug 2020

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 Aug 2020

“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 Oct 2016

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 Nov 2014

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 Mar 2013

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 May 2012

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 Mar 2012

(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 Sep 2008

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 Sep 1992

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 Mar 1989

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 Nov 1988

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 May 1985

Rethinking Roe V. Wade, Lynn D. Wardle

BYU Law Review

No abstract provided.


Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen Mar 1985

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 May 1982

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 Sep 1980

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. Nov 1978

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? Nov 1978

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 May 1978

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 Sep 1977

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 Mar 1977

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 May 1976

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 Mar 1976

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.