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Articles 1 - 21 of 21
Full-Text Articles in Privacy Law
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
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Catholic University Journal of Law and Technology
No abstract provided.
Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison
Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison
Caren Myers Morrison
No abstract provided.
Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison
Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison
Caren Myers Morrison
Of all the ways the government has to watch us, unmanned aerial vehicles, commonly known as drones, best capture the visceral fear of the all-seeing surveillance state. Because drones are becoming increasingly tiny, inexpensive, and powerful, they could enable a new species of universal surveillance, turning our cities into a modern version of Bentham’s panopticon. But this essay, written for the criminal justice symposium issue of the JCRED, is not about the alarming consequences of surveillance technology. Instead, it seeks to explore whether there is anything useful to be learned from the possibility of continuous mass surveillance. Not just useful …
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Law School Blogs
No abstract provided.
Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman
Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman
Nevada Law Journal
No abstract provided.
Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner
Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner
Nevada Law Journal
No abstract provided.
Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
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 …
Standing And Covert Surveillance, Christopher Slobogin
Standing And Covert Surveillance, Christopher Slobogin
Pepperdine Law Review
This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
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
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 …
Defining Foreign Affairs In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies
Defining Foreign Affairs In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi
Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez
Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez
Chicago-Kent Law Review
To cultivate the next twenty years of LatCrit theory, praxis, and community, the afterword looks back to LatCrit’s Critical Global Classroom (2003–04) (CGC), an ABA-accredited summer study-abroad program. The CGC invited U.S. law students to study comparative constitutionalism, law and society, and truth and reconciliation movements while sojourning Chile, Argentina, and South Africa under the question: “Shall the recent history of the Global South become the imminent fate of the Global North?” While enrolled in the 2004 CGC, the author learned about the extraordinary constitutional writ of habeas data, which various Latin American countries adopted as they reconstituted their …
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Articles
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. Some have suggested that what we have learned is that the NSA is running wild, lawlessly flouting legal constraints on its behavior. This assessment is unfair. In fact, the picture that emerges from …
Tightrope Act, Charles J. Dunlap Jr.
When The Curtain Must Be Drawn: American Experience With Proceedings Involving Information That, For Reasons Of National Security, Cannot Be Disclosed, Peter L. Strauss
When The Curtain Must Be Drawn: American Experience With Proceedings Involving Information That, For Reasons Of National Security, Cannot Be Disclosed, Peter L. Strauss
Faculty Scholarship
In numerous contexts today, ranging from no-fly lists, to the designation of foreign terrorist organizations, to controls over foreign investments in the United States, federal authorities reach decisions having dramatic consequences for individuals’ liberty and property on the basis of information that those individuals cannot obtain, even in summary form. Recent and pending litigation has challenged these deprivations on due process grounds, with only moderate success. Perhaps unclassified information on which the government has acted must be revealed, with an opportunity given to challenge it and to submit contrary evidence; but in the words of the DC Circuit writing last …
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Stephen E Henderson
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …