Privacy Law Commons^™

حمایة الخصوصیة الرقمیة في ظل تطبیقات الذكاء الاصطناعي (دراسة تحلیلیة مقارنة), ریم غریب الشامسي

Theses

مع بزوغ عصر الثورة الصناعیة الرابعة (4IR)، تزامن ذلك مع وجود حقبة جدیدة في التطور التقني والتحول الرقمي والتي أصبحت فیھا التكنولوجیا جزءاً لا یتجزأ من المجتمعات، مما أدى إلى ازدیاد ظھور تطبیقات الذكاء الاصطناعي بشكل كبیر والتي دخلت في مجالات كثیرة في حیاتنا الیومیة، فأصبح الاستغناء عنھا ضرباً من الخیال، فنرى استخدامات الطائرات بدون طیار في مجال التجارة الإلكترونیة في إیصال السلع و الخدمات، والروبوتات الجراحیة في العملیات الدقیقة، و الاستشارات المھنیة والقانونیة عن بعد، و الحكومة الذكیة في استخدام التطبیقات الحكومیة المؤتمتة - من بینھا حكومة الإمارات بوضع استراتیجیة الحكومة الرقمیة لدولة الإمارات 2025 واستراتیجیة الإمارات للذكاء الاصطناعي-، …

Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina

Research Collection Yong Pung How School Of Law

Concern has been widely expressed about the potential for COVID-19 control technologies and resultant data sharing negatively impacting on civil rights, invading personal privacy, undermining citizen dignity through expansive data matching and ultimately providing opportunities for data use well beyond the brief of virus mitigation. This chapter offers suggestions regarding effective and inclusive regulatory responses when faced with extended surveillance, tracking/tracing, public/private provider data sharing and any breakdown in personal data firewalls, or otherwise conventional aggregated data deviations and distortion. In doing so, the chapter explores personal data usage in the context of COVID-19 as a regulatory enterprise. It addresses …

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri

Pace International Law Review

This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.

Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe

Law Faculty Scholarship

[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].

Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …

Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii

Brooklyn Law Review

Over the past decade, scientific advances have allowed genetic testing to become accessible to consumers. Direct-to-consumer (DTC) DNA testing companies can analyze your DNA sample so you can learn about your family’s origins or whether you are genetically predisposed to a specific disease or disorder. Consumers can then send these analyzed files to third-party databases that aggregate genetic data for specific purposes, like helping law enforcement solve cold cases. Recently, the Department of Defense alerted servicemembers that DTC DNA tests were a national security threat. Simply put, when the national security apparatus finds a threat, it proactively seeks to neutralize …

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni

Journal of the National Association of Administrative Law Judiciary

This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.

Investing In Human Futures: How Big Tech And Social Media Giants Abuse Privacy And Manipulate Consumerism, Brett Dembrow

University of Miami Business Law Review

Social media companies such as Facebook, Twitter, and Instagram originated with one seemingly innocent goal: “to bring the world closer together.”1 Now, these Big Tech giants own and operate some of the most powerful platforms in the world simply because of their unethical yet effective strategies to maintain their users’ attention. Social media companies have monetized the amount of time their users spend on their platforms by honing in on the individual preferences of each user and selling that access to advertisers. This heightened access to potential consumers and their preferences has become the most valuable marketing tool for digital …

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai

Shorter Faculty Works

Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.

Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain

Shorter Faculty Works

Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.

Evaluating The Constitutionality Of Marital Status Classifications In The Regulation Of Posthumous Reproduction And Postmortem Sperm Retrieval, Alison Jane Walker

Connecticut Law Review

In Eisenstadt v. Baird, the Supreme Court held that a state law prohibiting the provision of contraceptives to unmarried persons violated the Fourteenth Amendment’s rational basis test because of the disparate treatment it afforded to married and unmarried individuals. Eisenstadt stands for an individual’s right to make their own procreative decisions, free from governmental intrusions which impose arbitrary classifications on privacy and freedom. This Note focuses on posthumous reproduction and, more specifically, postmortem sperm retrieval: the process of using a deceased male’s frozen sperm after his death to produce his biological children at the request of his spouse or intimate …

The Case For Local Data Sharing Ordinances, Beatriz Botero Arcila

William & Mary Bill of Rights Journal

Cities in the United States have started to enact data sharing rules and programs to access some of the data that technology companies operating under their jurisdiction— like short-term rental or ride hailing companies—collect. This information allows cities to adapt to the challenges and benefits of the digital information economy. It allows them to understand what the impact of these technology companies is on congestion, the housing market, the local job market, and even the use of public spaces. It also empowers cities to act accordingly by, for example, setting vehicle caps or mandating a tailored minimum pay for gig …

Policing Police Tech: A Soft Law Solution, Farhang Heydari, Barry Friedman, Max Isaacs, Katie Kinsey

Vanderbilt Law School Faculty Publications

Policing agencies are undergoing a rapid technological revolution. New products—with almost unfathomable capacities to collect, store, monitor, and transmit data about us—constantly are coming to market. In the hands of policing agencies, some of these products may promise real benefits to society. But too often these public safety benefits are unproven. And many of these products present real harms, including risks to privacy, freedom of speech, racial justice, and much more. Part of “public safety” is being safe from these harms as well.
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/="/">Despite these risks, new policing tech products continue to be adopted and deployed without sufficient …

Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky

BYU Law Review

This Article identifies and analyzes a previously unrecognized source of positive externalities within cybersecurity, which we term "cybersecurity spillovers". Most commentators have focused on negative externalities and market failures, leading to a pervasive pessimism about the possibility of adequate cybersecurity protections. In response, this Article demonstrates that unique dynamics from the world of cloud computing – most notably, indivisibility – may force cloud service firms to generate spillovers. These spillovers are additional security protections provided to common cloud users: clients who may not have been willing or able to acquire these security services otherwise. Furthermore, this additional source of security …

Data Privacy Regulations In The United States, China, And The European Union, Charlsey A. Kelly

Honors College Theses

This paper compares and discusses the different data privacy regulations found in the United States, China, and the European Union. It is no secret that big tech companies like Facebook and Google continuously collect data on their users. The big question is what protections and rights one has as a consumer. The answer to this question differs when you are in different parts of the world. Currently the United States does not have a federal data privacy law, China recently adopted a new data privacy law called the Personal Information Protection Law, and the European Union has a data privacy …

2l Brian Hills Honored With Iapp Annual Westin Scholar Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan

Brooklyn Law Review

For years, big businesses have been collecting and selling users’ personal information without permission. In attempts at preventing this practice, users have brought civil actions under the Computer Fraud and Abuse Act (CFAA), alleging a loss of personal privacy. As currently enacted, “personal privacy” is not included in the statutory definition of loss. Further, courts have been reluctant to interpret the CFAA broadly to cover loss of personal privacy claims. This note proposes that an amendment to the CFAA is necessary to close this gap in the statute’s coverage and better protect users’ right to privacy.

Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians

Touro Law Review

No abstract provided.

Risk And Rights In Transatlantic Data Transfers: Eu Privacy Law, U.S. Surveillance, And The Search For Common Ground, Ira Rubinstein, Peter Margulies

Connecticut Law Review

Privacy advocates rightly view the Court of Justice of the European Union (CJEU) decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximilian Schrems (Schrems II) as a landmark. But, one stakeholder’s landmark is another’s headache. The CJEU’s decision invalidated the EU-U.S. Privacy Shield agreement governing transatlantic transfers of personal data. Citing U.S. surveillance, the CJEU found that data transfers lacked adequate privacy protections under the EU’s General Data Protection Regulation (GDPR). The Schrems II decision thus clouded the future of data transfers that help drive the global economy. This Article offers a hybrid approach to safeguard privacy rights …

The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie

Indiana Law Journal

The availability of data related to the employment relationship has ballooned into an unruly mass of performance metrics, personal characteristics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a binary approach that either carves out private spaces ineffectually or renders data into isolated pieces of ownership. Instead, the law should implement a hybrid system that provides workers with continuing input and control without blocking efforts at joint production. In addition, employers should have fiduciary responsibilities …

Understanding Chilling Effects, Jonathon W. Penney

Articles & Book Chapters

With digital surveillance and censorship on the rise, the amount of data available unprecedented, and corporate and governmental actors increasingly employing emerging technologies like artificial intelligence and facial recognition technology for surveillance and data analytics, concerns about “chilling effects,” that is, the capacity for these activities to “chill” or deter people from exercising their rights and freedoms, have taken on greater urgency and importance. Yet, there remains a clear dearth in systematic theoretical and empirical work points. This has left significant gaps in understanding. This Article has attempted to fill that void, synthesizing theoretical and empirical insights from law, privacy, …

Mental Health Mobile Apps And The Need To Update Federal Regulations To Protect Users, Kewa Jiang

Michigan Technology Law Review

With greater societal emphasis on the need for better mental health services coupled with COVID-19 limits, mental health mobile applications have significantly risen in variety, availability, and accessibility. As more consumers use mental health mobile applications, more data is generated and collected by mobile application companies. However, consumers may have the false assumption that the data collected is protected under HIPAA or have an expectation of privacy protection higher than current regulations afford. This Note examines HIPAA, Health Breach Notification Rule, and section 5 of the Federal Trade Commission Act, as well as how these regulations fall short of protecting …

Right Of Self, Mitchell F. Crusto

Washington and Lee Law Review

The exercise of free will against tyranny is the single principle that defines the American spirit, our history, and our culture. From the American Revolution through the Civil War, the two World Wars, the Civil Rights Movement, and up to today, Americans have embraced the fundamental rights of the individual against wrongful governmental intrusion. This is reflected in our foundational principles, including the Magna Carta, the Bill of Rights to the United States Constitution, the Reconstruction Amendments, the Nineteenth Amendment, and, more recently, in the Supreme Court’s recognition of fundamental individual rights within the Constitution’s penumbras. However, there is no …

The New State Of Surveillance: Societies Of Subjugation, Khaled Ali Beydoun

Washington and Lee Law Review

Foundational surveillance studies theory has largely been shaped in line with the experiences of white subjects in western capitalist societies. Formative scholars, most notably Michel Foucault and Gilles Deleuze, theorized that the advancement of surveillance technology tempers the State’s reliance on mass discipline and corporal punishment. Legal scholarship examining modern surveillance perpetuates this view, and popular interventions, such as the blockbuster docudrama The Social Dilemma and Shoshana Zuboff’s bestseller The Age of Surveillance Capitalism, mainstream the myth of colorblind surveillance. However, the experiences of nonwhite subjects of surveillance—pushed to or beyond the margins of these formative discourses—reflect otherwise. …

Another Katz Moment?: Privacy, Property, And A Dna Database, Claire Mena

University of Michigan Journal of Law Reform

The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The understanding of these words seems to shift as new technologies emerge. As law enforcement’s arsenal of surveillance techniques has grown to include GPS tracking, cell phones, and cell site location information (CSLI), the Supreme Court has applied Fourth Amendment protections to these modern tools. Law enforcement continues to use one pervasive surveillance technique without limitations: the routine collection of DNA. In 2013, the Supreme Court in Maryland v. King held that law enforcement may routinely …

Private Rights Of Action In Privacy Law, Lauren Henry Scholz

William & Mary Law Review

Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of action make privacy law regimes more effective in general. Private rights of action are the most direct regulatory access point to the private sphere. They leverage private expertise and knowledge, create accountability through discovery, and have expressive value in creating privacy-protective norms. Then to illustrate the …

Whither Privacy Protection In The Law Of Nuisance, Cheng Lim Saw, Aaron Yoong

Research Collection Yong Pung How School Of Law

Privacy-related concerns often feature in disputes involving the tort of private nuisance. Despite the growing importance ascribed to the protection of an individual’s privacy in the modern world, English law has tended to shy away from allowing such concerns to influence the thinking behind the more traditional areas of law (like nuisance). This article examines and questions the various notions that underpin this English approach. Using the recent decisions of Giles Duncan Fearn v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) and Giles Fearn v The Board of Trustees of the Tate Gallery [2020] EWCA …

Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon W. Penney, Bruce Schneier

Articles & Book Chapters

End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …