Privacy Law Commons^™

Algorithmic Law In Contemporary Brazil: From Cyber-Libertarianism To Constitutional Rights, Pedro Rubim Borges Fortes

Latin American & Caribbean Law Review

This article provides a reflection of Brazilian algorithmic law, exploring how law regulates algorithms by defining prohibitions, permissions, standards, and rights in contemporary Brazil. Importantly, the concept of “algorithmic law” implies a normative idea, that is, that law should regulate algorithms, defining prohibitions, permissions, standards, and rights. This study examines the ideological transformation of law and technology, as Brazilian society moved from a libertarian approach to a perspective of establishing protective legislation, regulation, and constitutional rights to technology users. It explains the ‘Civil Rights Framework for the Internet.’ the ‘General Data Protection Law,’ the legislative project of an Artificial Intelligence …

News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin

Fordham Law Review

The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.

This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …

The Mirage Of Meta Pixel Code: Redefining Pii In The Era Of Generative Ai, Sophie Venter

Fordham Law Review

Data privacy laws are intended to put consumers in control of whether their identifying data can be sold and used for targeted advertising. However, these laws do not provide adequate protections in the era of generative artificial intelligence (AI). This Note examines one way that existing privacy law permits companies to profit from selling data for targeted advertising without obtaining user consent: transferring video watching data in a pixel code. Some U.S. Courts of Appeals have determined that these data transfers do not sufficiently identify users and the videos they watched to constitute violations of user privacy. This has led …

Video Killed The Privacy Star: How The Sixth Circuit's Cabined Interpretation Of "Consumer" In Salazar V. Paramount Global Risks Gutting The Vppa's Privacy Protections, Nadine Fernando

Villanova Law Review (1956 - )

No abstract provided.

Police Surveillance And The Perils Of Techno-Solutionism, Prithika Balakrishnan

Michigan Journal of Race and Law

This Article charts domestic law enforcement’s use of video surveillance, beginning in the backlash to the Civil Rights movement in the late 1960s, continuing through the War on Terror and, more recently, in the context of the post-George Floyd public critiques of policing. The undergirding philosophy of policing’s embrace of surveillance technology is techno-solutionism, the view that all complex social situations can be simplified to measurable data primed for quick-fix, unbiased, algorithmic answers. While technology may have initially been adopted by police to respond to specific problems, it has changed the problems themselves, altered the array of potential solutions, and …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Smart Contracts And Contractual Interpretation, Abhinav Ravi

Indian Journal of Law and Technology

This essay examines the challenges that smart contracts pose for contractual interpretation. While smart contracts are often viewed as unambiguous because they operate through deterministic computer code, disputes may nevertheless arise where the outcome produced by the code diverges from the parties’ understanding of their agreement. The essay argues that these disputes are not adequately addressed by treating code as a definitive expression of contractual intention or by adopting the ‘reasonable coder’ standard proposed by the United Kingdom (‘UK’) Law Commission. The reasonable coder standard is theoretically incoherent because it lacks alignment, generality, and reviewability and therefore cannot perform the …

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

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

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

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

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

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 …

Courts, Science, And The Problem Of Accountable Knowledge: A Review Of Judicial Policy Making, Empirical Data And Scientific Evidence: Can Courts Manage The Twenty-First Century?, Rishabh Kachroo

Indian Journal of Law and Technology

This review reads Rob van Gestel, Jurgen de Poorter, and Edward L. Rubin’s edited volume titled Judicial Policy Making, Empirical Data and Scientific Evidence: Can Courts Manage the Twenty-First Century? as a timely intervention into the evidentiary and institutional demands placed on contemporary courts. It argues that the volume’s key contribution lies in treating courts as knowledge institutions and its strongest suit lies in showing the limits of judicial intuition, anecdote, and inherited legal categories in dealing with such disputes. While the volume is left wanting in its account of knowledge accountability, it would nonetheless be important for scholars of …

Privacy, Paternalism, And Standing In Health Professions Regulation, Anthony Sangiuliano

Dalhousie Law Journal

When investigating whether a doctor has behaved unethically while treating a patient, professional regulatory colleges may search patients’ confidential medical records without patients’ consent. I argue that this practice is not paternalistic, nor does it usurp patients’ standing to decide for themselves whether to sacrifice their privacy to hold the doctor to account for professional wrongdoing. College investigations that non-consensually invade patient privacy do not express disrespect for patients’ agency because they aim to mitigate harm to the broader public. Unlike criminal prosecutions of doctors which uphold moral values pervading the public at large, college investigations enforce ethical standards within …

A Legal Comedy Of Errors: Foia’S Judicial Drama Over Who Controls The Oversight Script, Caroline Savini

Villanova Law Review (1956 - )

No abstract provided.

Should I Supersede Or Should I Go: Individual Protection And Private Company Interests In Implementing A Federal Biometric Privacy Law, Jessica Oshanani

Journal of Civil Rights and Economic Development

(Excerpt)

Section I of this Note will define and discuss biometrics. Section II will discuss key biometrics legislation and Section III will explain the impact of BIPA on other state biometric privacy laws.

Next, Section IV will explain the impact of biometric privacy violations and separate controlling state laws on individuals, while Section V will explain the impact of biometric data laws on private companies.

Section VI will identify potential federal laws on the horizon, then Section VII will explain the concept and application of preemption.

Finally, Section VIII will discuss the benefits of administrative agency overview, and Section IX …

The Fourth Amendment In Parallax: Why California's New Speed Cameras Should Prompt Increased Scrutiny For Surveillance Networks, Arman Sookiassian

Loyola of Los Angeles Law Review

With the passage of Assembly Bill 645 in 2023, California has authorized speed camera pilot programs in six cities throughout the state. The goal for this legislation is to reduce speeding and speed- related casualties through a network of automated traffic surveillance. By issuing civil fines for speeding violations detected by the camera, the hope is that motorists will reduce their speed on the road.

Though touted as a way to deter speeding motorists, a network of automated cameras invites privacy concerns. The Bill attempts to address these concerns, in large part, by assuring that the photographs and other metadata …

Can Technology Augment Order Writing Capacity At Regulators?, Natasha Aggarwal, Amrutha Desikan, Bhavin Patel, Satyavrat Bondre, Dipyaman Sanyal

Indian Journal of Law and Technology

This article critically examines the opportunities and challenges of using technology, in particular Large Language Models (‘LLMs’), to assist regulatory order writing in quasi-judicial settings in India. It proposes augmenting rather than replacing human decision-makers, aiming to improve regulatory order writing practice through responsible use of LLMs. This article identifies the core principles of administrative law that must be upheld in these settings and analyses how inherent limitations of LLMs may undermine these principles. The article reviews international frameworks and case studies from various jurisdictions, highlighting common design principles. It proposes a comprehensive Problem-Solution-Evaluation ('PSE') framework for responsibly integrating LLMs …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

Privacy As A Democratic Guardrail: A Case For Fourth Amendment Constraints On Micro-Targeted Rhetoric, Susan Tanner

Nevada Law Journal

No abstract provided.