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Articles 1 - 18 of 18
Full-Text Articles in Privacy Law
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Richmond Journal of Law & Technology
The next great wave of Internet-enabled innovation has arrived, and it is poised to revolutionize the way humans interact with the world around them. This paper highlights some of the opportunities presented by the rise of the so-called Internet of Things (IoT) in general and wearable technology in particular and encourages policymakers to allow these technologies to develop in a relatively unabated fashion.
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Richmond Journal of Law & Technology
Privacy is not simply an absence of information about us in the minds of others; rather it is the control we have over information about ourselves. The volume of information that people create themselves—the full range of communications from voice calls, e-mails and texts to uploaded pictures, video, and music—pales in comparison to the amount of digital information created about them each day.
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Richmond Journal of Law & Technology
Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”
Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles
Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles
Richmond Journal of Law & Technology
The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.
Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz
Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz
Richmond Journal of Law & Technology
Merger and Acquisition or “M&A” deals are both figuratively and literally big business, where the stakes for the organization are often the highest. While casual observers might expect that the importance attached to these deals makes each new deal the vanguard for incorporating metrics and practices regarding every efficiency and contingency, existing research demonstrates that this is decidedly not the case.
Riley V. California: The New Katz Or Chimel?, Adam Lamparello, Charles Maclean
Riley V. California: The New Katz Or Chimel?, Adam Lamparello, Charles Maclean
Richmond Journal of Law & Technology
To declare that in the administration of the criminal law the end justifies the means—to declare that the Government may commit crimes in order to secure the conviction of a private criminal—would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.
Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson
Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson
Richmond Journal of Law & Technology
On December 19, 2013, the retailer Target announced that unauthorized third parties had gained access to its customer payment information. While Target originally estimated that the security breach affected 40 million of its customers, a subsequent investigation revealed that anywhere from 70 to 110 million people—almost one in three Americans—may have had their sensitive payment information stolen. In response, the retailer offered free credit monitoring services and assured affected customers that they would not be responsible for fraudulent charges made with their payment information.
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Richmond Journal of Law & Technology
Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Richmond Journal of Law & Technology
The advertisements you see while browsing the Internet are rarely accidental. For instance, Alliance Data, one of many new companies in the booming data-marketing industry, can instantaneously recognize that a user visiting their client’s website is Joel Stein, a thirty-nine year-old, college educated male, who makes over $125,000 a year. Alliance Data also knows that Joel is likely to make purchases online, but only spends about $25 dollars a purchase. Using this information, and the specifics of over 100 of Joel’s past online purchases, Alliance Data creates advertisements specifically tailored to Joel and displays them as he continues to browse …
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Richmond Journal of Law & Technology
In the Internet savvy and technology dependent world of today, it is difficult to imagine life without Google Maps. The pioneer web- mapping platform provides users with a number of free services, ranging from simple directions to high-resolution imagery of terrain. The service has revolutionized travel, providing guidance and resources to more than just the directionally challenged. Contributing to this notoriety was Google’s addition of “Street View” to the array of mapping functions in May of 2007. As its name implies, the Street View function allows users to view enhanced, 360-degree snapshots of homes, streets and other public property. According …
California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner
California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner
Richmond Journal of Law & Technology
Attacks on poorly-secured information systems containing personal information are nearing epidemic proportion. Hardly a month passes without a news story regarding a security breach that exposed hundreds or thousands of data subjects’ personal information. As dependence on e-Commerce continues to expand, personal information stolen from poorly secured systems is becoming a multi-billion-dollar industry.
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Richmond Journal of Law & Technology
Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …
United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon
United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon
Richmond Journal of Law & Technology
The rapid growth and sophistication of technology have changed the way people communicate. E-mail and the Internet have begun to affect the way attorneys communicate with their clients. E-mail is fast and convenient, but it is not without risks. The risk of illegal interception and the risk of inadvertent disclosure are serious issues that attorneys need to be aware of and try to prevent so that the attorney-client privilege is protected as much as possible. Although communicating with a client by e-mail may be risky, the risks posed by e-mail are no different from those posed by communicating by postal …
Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock
Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock
Richmond Journal of Law & Technology
The United States Court of Appeals for the Fourth Circuit appears to have adopted the rule that any speech uttered by a governmental employee, in the course of performing the work for which the employee was hired, is per se not a "matter of public concern." A majority of the court relies on its holdings in DiMeglio v. Haines and Boring v. Buncombe Co. Bd. of Educ. for that proposition. That fact was evident in questioning from the en banc panel of the Fourth Circuit during its rehearing of Urofsky v. Gilmore on October 25, 1999. At issue was the …
Consumer Privacy, James M. Mccauley
Consumer Privacy, James M. Mccauley
Richmond Journal of Law & Technology
Pretty scary. This whole business of technology and privacy. I don't know about you but it makes me think about that John Grimes song where he wanted to blow up the TV, throw away the paper, and move to the country. I think that there are probably some things that we can do and that we cannot do. One of the things that comes to mind in listening to my colleagues talk about the shutdown of the dotcoms, last year Congress overhauled the 65 year prohibition against insurance companies not being permitted to get involved in financial services and banking. …
Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby
Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby
Richmond Journal of Law & Technology
From the heated rhetoric of both proponents and opponents of UCITA, one would think that UCITA represented a radical change from current law. From the standpoint of this practitioner, however, UCITA represents more of an evolutionary than a revolutionary change in the law. In at least three critical areas, the enforceability of "paperless contracts," dispute resolution, and "self-help" remedies, UCITA is arguably consistent with current law or at least the trend of current law. Indeed, the main inconsistency between UCITA and current law is that current law is at times inconsistent. From the standpoint of most businesses, certainty is preferable …
Consumer Privacy On The Internet, Andrew Shen
Consumer Privacy On The Internet, Andrew Shen
Richmond Journal of Law & Technology
If we do not bear the loss of this privacy then the prices would be passed along to consumers anyway. We're between a rock and a hard place there's nowhere that we can go. But I think we can be more optimistic than that and I think we can preserve privacy and I think we can further growth of electronic commerce. So let me begin with the consumer perspective. I would like to start with a trend that Mike has already done a good job of starting us out on, and that is the current popularity of personalization and customization. …
Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly
Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly
Richmond Journal of Law & Technology
In cyberspace, as in today's real world, there seems to be confusion in regard to what privacy is and what it is not. One scholar, Ruth Granson highlights recent efforts to fully comprehend privacy: "the concept of privacy is a central one in most discussions of modern Western life, yet only recently have there been serious efforts to analyze just what is meant by privacy." Over the years, the conception of the nature and extent of privacy has been severely bent out of shape. The definitions and concepts of privacy are as varied as those in the legal and academic …