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Articles 31 - 39 of 39
Full-Text Articles in Privacy Law
Returning To A Principled Basis For Data Protection, Gus Hosein
Returning To A Principled Basis For Data Protection, Gus Hosein
Chicago-Kent Law Review
Society must remain conscious of both pragmatic and principle-based rationales for information security rules. The identity card debate in the United Kingdom provides an example of exactly why a governmental information security approach that is sensitive to civil liberties would be the best approach to data protection. In contrast, we should be cautious of a balancing test that places security in parity with civil liberties and, therefore, erroneously allows pragmatism to triumph over principle.
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Chicago-Kent Law Review
Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.
Best Practices And The State Of Information Security, Kevin Cronin
Best Practices And The State Of Information Security, Kevin Cronin
Chicago-Kent Law Review
The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.
When Mobile Phones Are Rfid-Equipped - Finding E.U.-U.S. Solutions To Protect Consumer Privacy And Facilitate Mobile Commerce, Nancy J. King
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 …
'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes
'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 …
Snake-Oil Security Claims The Systematic Misrepresentation Of Product Security In The E-Commerce Arena, John R. Michener, Steven D. Mohan, James B. Astrachan, David R. Hale
Snake-Oil Security Claims The Systematic Misrepresentation Of Product Security In The E-Commerce Arena, John R. Michener, Steven D. Mohan, James B. Astrachan, David R. Hale
Michigan Telecommunications & Technology Law Review
The modern commercial systems and software industry in the United States have grown up in a snake-oil salesman's paradise. The largest sector of this industry by far is composed of standard commercial systems that are marketed to provide specified functionality (e.g. Internet web server, firewall, router, etc.) Such products are generally provided with a blanket disclaimer stating that the purchaser must evaluate the suitability of the product for use, and that the user assumes all liability for product behavior. In general, users cannot evaluate and cannot be expected to evaluate the security claims of a product. The ability to analyze …
The Emergence Of Website Privacy Norms, Steven A. Hetcher
The Emergence Of Website Privacy Norms, Steven A. Hetcher
Michigan Telecommunications & Technology Law Review
Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Michigan Telecommunications & Technology Law Review
This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of the …
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Michigan Law Review
The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …