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Selected Works

2016

Articles 1 - 20 of 20

Full-Text Articles in Privacy Law

Private Norms And Public Spaces, Nicole Stelle Garnett Oct 2016

Private Norms And Public Spaces, Nicole Stelle Garnett

Nicole Stelle Garnett

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms

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Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter Oct 2016

Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter

Anne Klinefelter

No abstract provided.

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Private Law In The Gaps, Jeffrey A. Pojanowski Oct 2016

Private Law In The Gaps, Jeffrey A. Pojanowski

Jeffrey A. Pojanowski

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …

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Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson Sep 2016

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson

Stephen E Henderson

Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.

My topic is not an easy one. The constitutional law …

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Modern-Day Monitorships, Veronica Root Jun 2016

Modern-Day Monitorships, Veronica Root

Veronica Root

When a sexual abuse scandal rocked Penn State, when Apple engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a Modern-Day Monitorship. Modern-Day Monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. They provide outsiders a unique source of information about the efficacy of the tarnished organization’s efforts to remediate misconduct. Yet despite their use in high-profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study and deliberate planning. Instead, Modern-Day Monitorships have been employed …

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If You Fly A Drone, So Can Police, Stephen E. Henderson May 2016

If You Fly A Drone, So Can Police, Stephen E. Henderson

Stephen E Henderson


According to the U.S. Constitution, the more you fly your drone, the more police can fly theirs. “Come on,” you might reply, “that hoary document”—and, yes, sorry to make you the sort who drops words like hoary—“that hoary document surely says nothing about drones.” But in fact it does. At least it does as interpreted by the courts. In particular, it is how they interpret the Fourth Amendment. So, to understand this aspect of drones, we first must understand this provision of the Bill of Rights...

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Responding To Takedown Requests For Digital Library Repositories, Kristina L. Niedringhaus Apr 2016

Responding To Takedown Requests For Digital Library Repositories, Kristina L. Niedringhaus

Kristina L Niedringhaus

No abstract provided.

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We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland Mar 2016

We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland

H. Brian Holland

No abstract provided.

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Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen E. Henderson Mar 2016

Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen E. Henderson

Stephen E Henderson

The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .

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Making Sure Byod Does Not Stand For "Breach Your Organization's Data", Allyson Haynes Stuart Feb 2016

Making Sure Byod Does Not Stand For "Breach Your Organization's Data", Allyson Haynes Stuart

Allyson Haynes Stuart

No abstract provided.

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Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu Feb 2016

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Margaret Hu

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

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Taxonomy Of The Snowden Disclosures, Margaret Hu Feb 2016

Taxonomy Of The Snowden Disclosures, Margaret Hu

Margaret Hu

This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …

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The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee Dec 2015

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.

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Employee Electronic Communications In A Boundaryless World, Robert Sprague Dec 2015

Employee Electronic Communications In A Boundaryless World, Robert Sprague

Robert Sprague

In 2007, the National Labor Relations Board decided that an employer could maintain an email communications policy that prohibits nonwork-related messages, even if those messages involved communications otherwise protected under the National Labor Relations Act. In December 2014, the National Labor Relations Board reversed this holding, but in doing so, limited its decision to just workplace email. This article argues that such a prescription is outdated and archaic in light of today’s modern workplace filled with communications devices and systems that blur the distinction between work and personal life. This article explains that such a prescription can cause employees to …

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Copyrights, Privacy, And The Blockchain, Tom W. Bell Dec 2015

Copyrights, Privacy, And The Blockchain, Tom W. Bell

Tom W. Bell

The law of the United States forces authors to choose between copyrights and privacy rights. Federal lawmakers have noticed and tried to remedy that problem. The Copyright Act makes express provisions for anonymous and pseudonymous works. The Copyright Office has tried to remedy that tension, too; copyright registration forms do not outwardly require authors to reveal their real world identities. Nonetheless, authors still face a choice between protecting their privacy and enjoying one of copyright’s most powerful incentives: the prospect of transferring to another the exclusive right to use a copyrighted work. That power proves useful, to say the least, …

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I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert H. Sloan Dec 2015

I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert H. Sloan

Richard Warner

No abstract provided.

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Private Technology (Foreword), Daniel Harris Brean Dec 2015

Private Technology (Foreword), Daniel Harris Brean

Daniel Harris Brean

Privacy and technology issues tend to implicate one another. Sometimes they reinforce each other, such as when improved data security thwarts hackers. But often the use of technology diminishes privacy because, in order to benefit from the technology, users must surrender some personal, otherwise private information. In such cases the technology may be powerful, profitable, fun, or convenient, but the privacy consequences of its use can be quite profound.

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Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson Dec 2015

Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson

Stephen E Henderson

What is the constitutional significance of the proverbial “keep off the grass” sign?  This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court.  Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections.  By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects.  This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs.  With every …

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A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson Dec 2015

A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson

Stephen E Henderson

In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform.  Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations.  Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …

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Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson Dec 2015

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Stephen E Henderson

When it comes to criminal investigation, time travel is increasingly possible.  Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records.  And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future.  So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond?  How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology?  Is it meaningfully different …

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