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Articles 31 - 37 of 37
Full-Text Articles in Privacy Law
Regulating The Internet Of Things: First Steps Toward Managing Discrimination, Privacy, Security, And Consent, Scott R. Peppet
Regulating The Internet Of Things: First Steps Toward Managing Discrimination, Privacy, Security, And Consent, Scott R. Peppet
Publications
The consumer "Internet of Things" is suddenly reality, not science fiction. Electronic sensors are now ubiquitous in our smartphones, cars, homes, electric systems, health-care devices, fitness monitors, and workplaces. These connected, sensor-based devices create new types and unprecedented quantities of detailed, high-quality information about our everyday actions, habits, personalities, and preferences. Much of this undoubtedly increases social welfare. For example, insurers can price automobile coverage more accurately by using sensors to measure exactly how you drive (e.g., Progressive 's Snapshot system), which should theoretically lower the overall cost of insurance. But the Internet of Things raises new and difficult questions …
The Fight To Frame Privacy, Woodrow Hartzog
The Fight To Frame Privacy, Woodrow Hartzog
Michigan Law Review
In his important new book, Nothing to Hide: The False Tradeoff Between Privacy and Security, Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that the predetermined abandonment of privacy in security-related disputes means that the structure of the privacy-security debate is inherently flawed. Solove understands that privacy is far too vital to our freedom and democracy to accept its inevitable demise. The central thesis of this Review is that Solove's polemic is a strong and desperately needed collection of frames that counterbalances the "nothing …
The Fight To Frame Privacy, Woodrow Hartzog
The Fight To Frame Privacy, Woodrow Hartzog
Faculty Scholarship
The resolution of a debate often hinges on how the problem being debated is presented. In psychology and related disciplines, this method of issue presentation is known as framing. Framing theory holds that even small changes in the presentation of an issue or event can produce significant changes of opinion. Framing has become increasingly important in discussions about privacy and security. In his new book, "Nothing to Hide: The False Tradeoff Between Privacy and Security," Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that …
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru
Michigan Law Review
Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Articles
Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …
The Right Of Privacy, Sustained, Gerard V. Bradley
The Right Of Privacy, Sustained, Gerard V. Bradley
Journal Articles
Traditionally the "right of privacy" concerned the security of certain places (chiefly, one's home) and, to a lesser extent, materials (books, papers) that were especially self-revealing. This right of privacy makes eminent philosophical sense, and it is protected by explicit constitutional guarantees, conspicuously including the Fourth Amendment, which provides that "[t]he right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated." The Rehnquist Court has regularly accorded less weight to this privacy in the "balance" against "law enforcement interests" than did the Warren and Burger Courts. Expanded authority …