Privacy Law Commons^™

Opening The Red Cross International Tracing Service Archive, 26 J. Marshall J. Computer & Info. L. 161 (2008), Kenneth Waltzer

UIC John Marshall Journal of Information Technology & Privacy Law

The Red Cross International Tracing Service Archive in Bad Arolsen contains nearly 17.5 million names and nearly 50 million World War II and post-war era documents. The Bonn Accords designated the International Tracing Service (“ITS”) as the sole caretaker of these documents. A recent revision to the Bonn Accords has resulted in a reopening of archives at Bad Arolsen. ITS has started to digitize materials, and the data has been distributed to designated research institutions. The revision also resulted in access to the archives for research purposes. This expanded availability of the information has raised a number of important questions …

Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley

UIC John Marshall Journal of Information Technology & Privacy Law

The article discusses the challenges to the protection of private personal information in the age of rapid technological changes and advances with a particular focus on the explosion of Identity Theft Crime (IDC). The paper highlights the compartmentalized and imbalanced roles that the free market and law enforcement (LE) play in response to this emerging threat to privacy, the implications of this dynamic, and recommendations for improving the societal risk management of Identity Crime.

United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight

UIC John Marshall Journal of Information Technology & Privacy Law

The article looks at the decision in United States v. Andrus, where it was determined that the police could obtain consent from a father to search an adult son’s computer without first checking if the father who gave consent know the password and therefore had apparent authority to search. The police used Encase, software designed to make a forensic copy of a hard drive, without even turning on the computer. The 10th Circuit majority opinion decided the police committed no error when they conducted the search. The article’s author argues that the dissenting opinion took the correct position in its …

Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner

UIC John Marshall Journal of Information Technology & Privacy Law

In this comment the author examines the new and growing body of federal opinions citing Wikipedia an authoritative source. The comment details how Wikipedia articles are generated, and the ease with which anyone can edit them, to illustrate their shortcomings as sources for making judicial determinations. The author provides examples of federal cases where judges rely on Wikipedia to define terms ranging from colloquial phrases to medical equipment. The author points out that in spite of several academic institutions and the U.S. Trade and Patent Office banning it as a source, federal judges continue to rely on Wikipedia in their …

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law:Summary Of Bench Memorandum, 26 J. Marshall J. Computer & Info. L. 259 (2008), Robin Ficke, James Lai, Steven Tseng, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Alex Romero (“Romero”), appeals to the Marshall Supreme Court from an order granting summary judgment in favor of Respondent, Windbucket Entertainment, LLC (“Windbucket”). Romero’s lawsuit alleged that Windbucket and a third party (not a party to the present appeal) were liable to him for invasion of privacy by intrusion upon seclusion. Romero then sought discovery sanctions against Windbucket for violations of Marshall Rule of Civil Procedure 37. The issues in the case concern whether a subscriber to an Internet-based, multiplayer computer game can state a valid invasion of privacy claim against the game’s publisher, when liability is based on …

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 26 J. Marshall J. Computer & Info. L. 283 (2008), David Caras, Jennifer Robbins, Zach Rudisill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Seventh Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 26 J. Marshall J. Computer & Info. L. 321 (2008), Adam Powell, Erin Blake, Kris Kokotayo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Orwell Was An Optimist: The Evolution Of Privacy In The United States And Its De-Evolution For American Employees, 42 J. Marshall L. Rev. 83 (2008), Robert Sprague

UIC Law Review

No abstract provided.

A Gift Worth Dying For?: Debating The Volitional Nature Of Suicide In Personal Property Law, Adam J. Macleod

Scholarly Articles

This article examines the debate in personal property law over the question whether suicide is ever a volitional act and the attendant issue whether a gift causa mortis ought to be enforced when made conditional upon an act of suicide. Scholars have missed substantial doctrinal changes in the law of gifts causa mortis during the last thirty-three years. These changes bear upon other contested, legal issues, such as the wisdom of legalizing assisted suicide.The article tests the modern rule that all gifts made in contemplation of suicide are enforceable and the assumption on which this rule is predicated, namely that …

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Scholarly Articles in Law Reviews & Journals

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …

When Mobile Phones Are Rfid-Equipped - Finding E.U.-U.S. Solutions To Protect Consumer Privacy And Facilitate Mobile Commerce, Nancy J. King

Michigan Telecommunications & Technology Law Review

New mobile phones have been designed to include delivery of mobile advertising and other useful location-based services, but have they also been designed to protect consumers' privacy? One of the key enabling technologies for these new types of phones and new mobile services is Radio Frequency Identification (RFID), a wireless communication technology that enables the unique identification of tagged objects. In the case of RFID-enabled mobile phones, the personal nature of the devices makes it very likely that, by locating a phone, businesses will also be able to locate its owner. Consumers are currently testing new RFID-enabled phones around the …

Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure, Stacey A. Tovino

Faculty Articles

In this article I explore the ethical and legal implications of enrolling individuals with disorders of consciousness (DOC) in neuroimaging research studies. Many scientists have strongly emphasized the need for additional neuroimaging research into DOC, characterizing the conduct of such studies as morally imperative. On the other hand, institutional review boards (IRBs) charged with approving research protocols, scientific journals deciding whether to publish study results, and federal agencies that disburse grant money have limited the conduct, publication, and funding of consciousness investigations based on ethical and legal concerns. Following a detailed examination of the risks and benefits of neuroimaging research …

‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson

Faculty Articles

If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …

Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne

Georgia Law Review

This Article offers a unique and timely treatment of the dual, yet divergent, rise in employer regulation of off-duty behavior and employee privacy law. Recent trends show that technology has expanded the supervisory tools available to employers and made the workplace a more fluid concept; in addition, financial pressures have grown from expensive employee benefits and other business costs. As a result, employers have been increasingly interested in reaching beyond their office walls to gather pertinent information for making personnel decisions. On the other hand, a movement is building in law to segregate off-duty activity from employer purview, particularly in …

Trentadue V. Integrity Committee: An Attempt To Reign In The Expansion Of The Freedom Of Information Act’S 5th Exemption, Amanda Marie Swain

Oklahoma Law Review

No abstract provided.

Access To Medical Records For Research Purposes: Varying Perceptions Across Research Ethics Boards, Donald Willison, Claudia Emerson, Karen Szala-Meneok, Elaine Gibson, Lisa Schwartz, Karen Weisbaum, François Fournier, Kevin Brazil, Michael Coughlin

Articles, Book Chapters, & Popular Press

Variation across research ethics boards (REBs) in conditions placed on access to medical records for research purposes raises concerns around negative impacts on research quality and on human subject protection, including privacy. Aim: To study variation in REB consent requirements for retrospective chart review and who may have access to the medical record for data abstraction. Methods: Thirty 90-min face-to-face interviews were conducted with REB chairs and administrators affiliated with faculties of medicine in Canadian universities, using structured questions around a case study with open-ended responses. Interviews were recorded, transcribed and coded manually. Results: Fourteen sites (47%) required individual patient …

Who's Minding The Shop? The Role Of Canadian Research Ethics Boards In The Creation And Uses Of Registries And Biobanks, Elaine Gibson, Kevin Brazil, Michael Coughlin, Claudia Emerson, François Fournier, Lisa Schwartz, Karen Szala-Meneok, Karen Weisbaum, Donald Willison

Articles, Book Chapters, & Popular Press

Background: The amount of research utilizing health information has increased dramatically over the last ten years. Many institutions have extensive biobank holdings collected over a number of years for clinical and teaching purposes, but are uncertain as to the proper circumstances in which to permit research uses of these samples. Research Ethics Boards (REBs) in Canada and elsewhere in the world are grappling with these issues, but lack clear guidance regarding their role in the creation of and access to registries and biobanks.

Methods: Chairs of 34 REBS and/or REB Administrators affiliated with Faculties of Medicine in Canadian universities were …

You Are Being Watched: The Need For Notice In Employer Electronic Monitoring, Mindy C. Calisti

Kentucky Law Journal

No abstract provided.

Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside

Vanderbilt Journal of Entertainment & Technology Law

As social networking sites like Facebook.com and MySpace.com continue to grow in popularity, college students and other job applicants voluntarily divulge an increasing amount of personal information on them, often unaware of the potential negative effects it may have on their search for employment. Employers are beginning to take note of this trend and are increasingly using applicants' social networking profiles to supplement traditional application information. Many applicants feel that employers should not base employment decisions on social networking profiles in any way and believe that it is illegal for employers to do so. Yet, it appears that employers that …

The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.

Vanderbilt Journal of Entertainment & Technology Law

"Trackjacking" is the unauthorized replacement of the original soundtrack of an audiovisual recording, such as a movie or television show, with another that is designed to alter substantially the plot and/or characters of the original work. While trackjacking is a creative and entertaining form of art, it may also constitute copyright infringement if the original work is one that is copyrighted. However, if certain criteria are met, the "fair use" doctrine provides a mechanism for courts to excuse what otherwise would be considered copyright infringement. Because the unique nature of trackjacking allows the new work to be distributed in such …

Just Click Submit: The Collection, Dissemination, And Tagging Of Personally Identifying Information, Corey Ciocchetti

Vanderbilt Journal of Entertainment & Technology Law

As the twenty-first century bustles forward, the e-commerce arena becomes an ever more dangerous place. On a daily basis, Websites collect vast amounts of personally identifying information (PHII) and mine it in sophisticated databases to discover consumer trends and desires. This process provides many benefits--such as tailored Web sites and relevant marketing--that few Web surfers would care to do without. However, serious threats lurk in cyberspace and are enhanced by consumers who continue to submit vast amounts of information in a state of relative unawareness. Not wanting to miss out on their Web surfing experience, visitors submit their personal information …

The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin

NYLS Law Review

No abstract provided.

Book Review, Susan Nevelow Mart

Publications

No abstract provided.

Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk

NYLS Law Review

No abstract provided.

Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan

NYLS Law Review

No abstract provided.

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.

The Electronic Workplace: To Live Outside The Law You Must Be Honest, William A. Herbert

Publications and Research

This 2008 law review article examines the state of the constitutional and statutory law at that time concerning protections for employee when they use employer owned workplace computers.

Intellectual Privacy, Neil M. Richards

Scholarship@WashULaw

This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …

Lobbying Is An Honorable Profession: The Right To Petition And The Competition To Be Right, Nick Allard

Faculty Scholarship

No abstract provided.

Government Data Mining And The Fourth Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining operation (Total Information Awareness, more recently dubbed Terrorism Information Awareness) supposedly no longer exists, large-scale data mining by federal agencies devoted to enforcing criminal and counter-terrorism laws has continued unabated. This paper addresses three puzzles about data mining. First, when data mining is undertaken by the government, does it implicate the Fourth Amendment? Second, does the analysis change when data mining is undertaken by private entities which then …