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2015

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Full-Text Articles in Privacy Law

Table Of Contents Dec 2015

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss Dec 2015

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.


Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao Dec 2015

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport Dec 2015

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au Dec 2015

Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au

Lorrie F Cranor

We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …


Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg Oct 2015

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

Alberto Bernabe

No abstract provided.


The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius Oct 2015

The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius

Homeland Security Publications

No abstract provided.


Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint Oct 2015

Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint

Loyola of Los Angeles Entertainment Law Review

This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …


Big Data Blacklisting, Margaret Hu Sep 2015

Big Data Blacklisting, Margaret Hu

Faculty Publications

“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …


On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock Aug 2015

On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock

William B.T. Mock

The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …


1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii Jul 2015

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii

David E. Sorkin

Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …


The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez Jul 2015

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez

David E. Sorkin

No abstract provided.


Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long Jul 2015

Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long

David E. Sorkin

No abstract provided.


Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin Jul 2015

Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin

David E. Sorkin

This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.


1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin Jul 2015

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin

David E. Sorkin

No abstract provided.


Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin Jul 2015

Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin

David E. Sorkin

No abstract provided.


Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin Jul 2015

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin

David E. Sorkin

No abstract provided.


The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin Jul 2015

The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin

David E. Sorkin

No abstract provided.


The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat Jul 2015

The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat

David E. Sorkin

No abstract provided.


Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu Jul 2015

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Pepperdine Law Review

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 …


Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik Jul 2015

Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik

Mark E. Wojcik

A recent scandal erupted in the press when a painting that was offered for sale on an Internet auction site was believed to be a lost contemporary masterpiece. The seller appeared to be a married man who was cleaning junk out of his garage, including a painting that his wife would not let him hang in the house. A bidding frenzy drove the price from the opening bid of 25 cents to more than $135,000 from a buyer in the Netherlands. After the sale was finished (it was ended by EBay when they learned he bid on the painting himself …


Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini Jul 2015

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …


Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner Jul 2015

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …


Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman Jul 2015

Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman

Law Faculty Publications

Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …


The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin Jun 2015

The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin

Ann M. Lousin

No abstract provided.


Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin Jun 2015

Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin

Ann M. Lousin

No abstract provided.


Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg Jun 2015

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

Steven D. Schwinn

No abstract provided.


Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione Jun 2015

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …


Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur Jun 2015

Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur

Samuel R. Olken

No abstract provided.


"Three Parent Babies": Techniques Explained, Objections Examined, Rebecca Carr Jun 2015

"Three Parent Babies": Techniques Explained, Objections Examined, Rebecca Carr

Canadian Journal of Law and Technology

The UK Parliament has approved regulations, which come into force in October 2015, that permit the use of new treatment techniques to prevent the transmission of serious mitochondrial diseases from women to their children. The introduction of these techniques—which are not currently carried out in any country in the world—will fly in the face of the opposition that has been raised since discussions to permit clinical applications of the techniques first arose. After outlining some background to the techniques, this article briefly examines three of the objections that have been made against them: that the safety and effectiveness of the …