Privacy Law Commons^™

A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart

West Virginia Law Review

No abstract provided.

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion

Vanderbilt Law Review

The investigations of the 9/11 terrorist attacks highlighted a series of lapses in intelligence-sharing within the federal government regarding terrorist operations. One area closely examined by Congress,' the judiciary, and many legal and political commentators is the appropriate scope of intelligence collection within the United States "concerning foreign threats to the nation's security" ("foreign intelligence"). Domestic intelligence collection is a particularly complex sphere of national security as gathering intelligence on American soil requires balancing the privacy rights of individuals guaranteed by the Fourth Amendment against the nation's need to protect itself.

The Foreign Intelligence Surveillance Act of 1978 ("FISA") governs …

Transaction Surveillance By The Government, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This symposium article is the second of two on regulation of government efforts to obtain recorded information for criminal prosecutions. More specifically, it explores the scope and regulation of "transaction surveillance," which it defines as government attempts to access already existing records, either physically or through data banks, and government efforts to obtain, in real-time or otherwise, "catalogic data" (the identifying signals of a transaction, such as the address of an email recipient). Transaction surveillance is a potent way of discovering and making inferences about a person's activities, character and identity. Yet, despite a bewildering array of statutorily created authorization …

The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.

West Virginia Law Review

No abstract provided.

'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes

Michigan Telecommunications & Technology Law Review

The notion of software code replacing legal code as a mechanism to control human behavior--"code as law"--is often illustrated with examples in intellectual property and freedom of speech. This Article examines the neglected issue of the impact of "code as law" on privacy. To what extent is privacy-related "code" being used, either to undermine or to enhance privacy? On the basis of cases in the domains of law enforcement, national security, E-government, and commerce, it is concluded that technology rarely incorporates specific privacy-related norms. At the same time, however, technology very often does have clear effects on privacy, as it …

The Eu Data Protection Directive: Implementing A Worldwide Data Protection Regime And How The U.S. Position Has Progressed, Seth P. Hobby

Brigham Young University International Law & Management Review

No abstract provided.

Safe Harbor Agreement—Boon Or Bane?, Sylvia Mercado Kierkegaard

Washington Journal of Law, Technology & Arts

U.S. businesses that handle personal information about individuals living in European Union countries should be aware that, as a general rule, it is unlawful for them to transfer that data out of the European Union to the United States. Exceptions to this general prohibition apply in specified circumstances, that is, where there is consent to the transfer or where there is some assurance that U.S. businesses will comply with the transfers requirements of EU privacy laws when handling that information. These restrictions apply to U.S. businesses that have employees or customers in EU countries, as well as U.S. businesses that …

Proceed With Precaution: The Statutory, Legal, And Consumer Influence On Genetically Modified Foods In Canada, Alexander Singh

Canadian Journal of Law and Technology

Despite the majority of consumers’ health and environmental concerns, genetically modified organisms (GMOs) now form a regular part of Canadian society. Our system of regulatory approval introduces GMOs into agriculture, while our legal regimes deal with rights and responsibilities with respect to GMO, all while grocers and consumers sell, buy and eat genetically modified foods (GMFs) as part of their daily diet. With the increasing prominence of GMOs in our society, and the consistent debate over their safety, there is a need to inject precaution into the principles behind how these foods and crops enter, remain and spread in the …

Legal Restrictions On Transborder Data Flows To Prevent Government Access To Personal Data: Lessons From British Columbia, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

The Role Of Levies In Canada's Digital Music Marketplace, Jeremy F. Debeer

Canadian Journal of Law and Technology

This paper considers whether such initiatives are a desirable alternative to the current system of exclusive proprietary copyrights. My goal is not to evaluate the nuances of any particular levy scheme or proposal, but to consider the implications of the concept from a specifically Canadian perspective. Despite the generality of the analysis, many of the observations and conclusions about the viability of levy schemes relate to Canada’s actual experiences with its existing private copying levy.

The paper concludes that tariffs or levies on the products and services of third parties are not the best method to support the Canadian music …

Unmasking The John Does Of Cyberspace: Surveillance By Private Copyright Owners, Amy Min-Chee Fong

Canadian Journal of Law and Technology

The goals of this paper are to: (1) explore the expectations of cyberspace privacy in a peer-to-peer context; (2) examine the consequences to Internet users arising from the surveillance tactics of private copyright owners; and (3) discuss possible ways in which a balance can be achieved between privacy and intellectual property rights. Part II of this paper sets out the meaning of information privacy, discusses the widespread use of peer-to-peer networks for trading copyrighted content, and examines the expectations of privacy in peer-to-peer networks. Part III discusses the surveillance tactics of private copyright owners, and explains how the surveillance of …

Is A Domain Name Property?, Sheldon Burshtein

Canadian Journal of Law and Technology

Domain names have become increasingly valuable assets; in some respects, more valuable than trademarks. A domain name may identify not only the source of the goods, services, business, or information, but also the virtual location of the source, much as an address or telephone number does. However, there is still a significant unresolved issue as to whether a domain name is a form of intangible property or merely a contractual right. Resolution of this issue is important for commercial transactions affecting domain names and for legal proceedings and remedies relating to them. Although there is United States appellate authority to …

What The Dormouse Said: How The Sixties Counterculture Shaped The Personal Computer By John Markoff (New York: Penguin, 2005), Vaughan Black

Canadian Journal of Law and Technology

What the Dormouse Said is the revisionary back- story of Silicon Valley; in particular, the roots of the current model of human interface with personal com- puters (video screen, keyboard, mouse) and the early stabs at creating the Internet. Markoff is a long-standing hi-tech reporter for the New York Times who, over the past 20 years, has co-written three computer-related books. In Dormouse, his fourth book (but first solo effort), he takes us back to the pre-ironic age — ‘‘the Flintstones era of computers’’ — when batch processing and beatniks still roamed the earth. His claim is that the various …

Cryptography Export Controls - Canada's Dichotomous Cryptography Policy, Paul Bates

Canadian Journal of Law and Technology

The effort to erect strong legal barriers to trans-national distribution of cryptography has significant gaps because strong cryptography can be obtained and used within Canada without legal restrictions. This paper advocates that Canada should exercise its discretion under the WA to diminish, not fortify, the restrictions of the export control regime.

L'Affaire Huntsman C. Soderbergh Ou Le Droit D'Expurger Les Films, René Pépin

Canadian Journal of Law and Technology

Deux éléments nous motivent. D’abord, comme on le devine, la technologie évolue à un rythme rapide en ce domaine. On n’en est plus au temps où les films étaient produits unique- ment sur une véritable pellicule de plastique qu’un censeur pouvait insérer dans une machine qui lui permettait littéralement de couper des parties indésirables et de recoller les embouts. L’informatique a envahi ce domaine. Il y a maintenant des logiciels sophistiqués qui agissent comme interface entre un disque DVD et l’écran, permettant au consommateur de choisir lui-même les séquences qui seront enlevées dans un film. On comprend que ceci pose …

Rising Governmental Use Of Biometric Technology: An Analysis Of The United States Visitor And Immigrant Status Indicator Technology Program, Lisa Madelon Campbell

Canadian Journal of Law and Technology

This article explores increased governmental interest in the use of biometric measurements as a means of identifying individuals and tracing their movements. Private industries, of course, are equally interested in biometrics, and often similarly capable of collecting and storing biometric information. For example, merchants in the United Kingdom require customers who pay by cheque to provide a thumbprint as an additional security measure against potential fraud. The issues raised by the use of biometrics in the private sector are somewhat different than those that arise in the public context. This article explores the increased reli- ance upon individual biometric measurements …

Virtual Playgrounds And Buddybots: A Data-Minefield For Tweens, Valerie Steeves, Ian R. Kerr

Canadian Journal of Law and Technology

This article examines the online places where tweens play, chat, and hang out. We argue that the vision behind these places is defined by commercial imperatives that seek to embed surveillance deeper and deeper into children’s playgrounds and social interactions. Online marketers do more than implant branded products into a child’s play; they collect the minute details of a child’s life so they can build a ‘‘relationship’’ of ‘‘trust’’ between the child and brand. Although marketing to children is not new, a networked environment magnifies the effect on a child’s identity because it opens up a child’s private online spaces …

I Click, You Click, We All Click - But Do We Have A Contract? A Case Comment On Aspenceri.Com V. Paysystems, Charles Morgan

Canadian Journal of Law and Technology

It is trite to say that e-commerce has exploded over the last several years. Canadian individuals and businesses are entering into thousands and thousands of contracts online all the time. Yet, oddly enough, there is surprisingly little legal certainty or consistency regarding an essential legal question: what approach to online contract formation will create a binding legal contract? Such legal uncertainty is unfortunate, since buyers need to know when to ‘‘beware’’, merchants need to be able to manage risk, and courts need to have clear guidelines in order to be able to render informed, coherent decisions.

The issue of online …

Intelligent Agents: Authors, Makers, And Owners Of Computer-Generated Works In Canadian Copyright Law, Rex M. Shoyama

Canadian Journal of Law and Technology

The central objective of this article is to propose a clarification of copyright law as applied to works created by intelligent agents. In Part I, the concepts of artificial intelligence and intelligent agents are introduced. Part II identifies the challenges that are presented to the tests of originality and authorship in the application of copyright to works generated by intelligent agents. It is argued that works created by intelligent agents may meet the tests of originality and authorship. It is also argued that the con- cepts of ‘‘author’’, ‘‘owner’’, and ‘‘maker’’ are distinct from one another in Canadian copyright law. …

Genetic Information, Privacy And Insolvency, Edward J. Janger

Faculty Scholarship

No abstract provided.

Subpoenas And Privacy, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or an administrative agency, subpoenas are extremely easy to enforce, merely requiring the government to demonstrate that the items sought pursuant to the subpoena are "relevant" to a investigation. Yet today subpoenas and pseudo-subpoenas are routinely used not only to obtain business records and the like, but also documents containing significant amounts of personal information about individuals, including medical, financial, and email records. Part I provides an …

Who Controls The Controllers? Jon Festinger's Video Game Law (Markham: Lexisnexis Canada Inc., 2005), Steve Coughlan

Canadian Journal of Law and Technology

No abstract provided.

Biotechnology Unglued: Science, Society, And Social Cohesion By Michael D. Mehta, Ed. (Vancouver: Ubc Press, 2005), Chidi Oguamanam

Canadian Journal of Law and Technology

In Biotechnology Unglued, Mehta and his thirteen-member interdisciplinary team, comprising mainly of social scientists using a number of ‘‘case studies’’, explore in nine essays ‘‘how advances in agricultural, medical, and forensic biotechnology may threaten the social cohesiveness of different kinds of communities and at different scales’’. In a way, the project is a successful attempt to underscore the theme of (and imperative for) social accountability of science and bio/technological innovations. This 208-page collection of nine essays in a corresponding number of chapters is a remarkable effort. It is a departure from the traditional concerns regarding biotechnology innovations which, hitherto, emphasized …

Review Of Eloïse Gratton's Internet And Wireless Privacy: A Legal Guide To Global Business Practices (Toronto: Cch Canadian Limited, 2003), David T.S. Fraser

Canadian Journal of Law and Technology

No abstract provided.

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Scholarly Articles

None available.

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Genetic Use Restriction (Or Terminator) Technologies (Gurts) In Agricultural Biotechnology: The Limits Of Technological Alternatives To Intellectual Property, Chidi Oguamanam

Canadian Journal of Law and Technology

This article examines the adequacy of terminator technology as a potential substitute for traditional intellectual property. It acknowledges that the technology provides a stronger protection and reward mechanism than that offered by the traditional intellectual property rights regime. However, terminator technology or any other technology for that matter, is outside the pantheon of intellectual property regimes. Fundamentally, terminator is a technological answer to the quest by private sector interests to improve appropriability of returns on investments in agrobiotech. It potentially represents a panacea to the long standing industry struggle over the profitability of private research in agrobiotech and the need …

Copyright & Privacy - Through The Copyright Lens, 4 J. Marshall Rev. Intell. Prop. L. 212 (2005), Sarah B. Deutsch, Roderick G. Dorman, Michael A. Geist, Hugh C. Hansen, Howard P. Knopf, Ralph Oman, Matthew J. Oppenheim, John G. Palfrey

UIC Review of Intellectual Property Law

This panel examines the recent litigation by the recording industry against peer-to-peer (“P2P”) users in the U.S. and Canada. How are users’ identities being obtained? Is the process working well enough or too well? What are the technical, evidentiary, procedural, privacy and substantive copyright issues in play?