Privacy Law Commons^™

Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda

Faculty Scholarship

No abstract provided.

Risk And Resilience In Health Data Infrastructure, W. Nicholson Price Ii

Articles

Today’s health system runs on data. However, for a system that generates and requires so much data, the health care system is surprisingly bad at maintaining, connecting, and using those data. In the easy cases of coordinated care and stationary patients, the system works—sometimes. But when care is fragmented, fragmented data often result. Fragmented data create risks both to individual patients and to the system. For patients, fragmentation creates risks in care based on incomplete or incorrect information, and may also lead to privacy risks from a patched together system. For the system, data fragmentation hinders efforts to improve efficiency …

Orwell's 1984 And A Fourth Amendment Cybersurveillance Nonintrusion Test, Margaret Hu

Faculty Publications

This Article describes a cybersurveillance nonintrusion test under the Fourth Amendment that is grounded in evolving customary law to replace the reasonable expectation of privacy test formulated in Katz v. United States. To illustrate how customary law norms are shaping modern Fourth Amendment jurisprudence, this Article examines the recurrence of judicial references to George Orwell’s novel, 1984, within the Fourth Amendment context when federal courts have assessed the constitutionality of modern surveillance methods. The Supreme Court has indicated that the Fourth Amendment privacy doctrine must now evolve to impose meaningful limitations on the intrusiveness of new surveillance technologies. …

Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney

Maine Law Review

In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably occur before the convention started. …

Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott

Duke Law & Technology Review

After granting permission to the Internal Revenue Service to serve a digital exchange company a summons for user information, the Federal District Court for the Northern District of California created some uncertainty regarding the privacy of cryptocurrencies. The IRS views this information gathering as necessary for monitoring compliance with Notice 2014-21, which classifies cryptocurrencies as property for tax purposes. Cryptocurrency users, however, view the attempt for information as an infringement on their privacy rights and are seeking legal protection. This Issue Brief investigates the future tax implications of Notice 2014-21 and considers possible routes the cryptocurrency market can take to …

When Fame Takes Away The Right To Privacy In One's Body: Revenge Porn And Tort Remedies For Public Figures, Caroline Drinnon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Blethen Maine Newspapers, Inc. V. State: Balancing The Public's Right To Know Against The Privacy Rights Of Victims Of Sexual Abuse, Kenleigh A. Nicoletta

Maine Law Review

In Blethen Maine Newspapers, Inc. v. State, a sharply divided Maine Supreme Judicial Court, sitting as the Law Court, held that release of records relating to Attorney General G. Steven Rowe's investigation of alleged sexual abuse by Catholic priests was warranted under Maine's Freedom of Access Act (FOAA). Although such investigative records are designated confidential by statute, the majority held that the public's interest in the contents of the records mandated their disclosure after all information identifying persons other than the deceased priests had been redacted. The concurrence asserted that the majority had reached the correct conclusion, but in so …

Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom

Catholic University Law Review

As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take action against businesses …

الخطأ الطبي: دراسة في قانون المسؤولية الطبية الإماراتي لسنة 2016, خلود هشام خليل عبد الغني

Private Law Theses

The purpose of this study is to identify the medical error in the light of the provisions of the civil laws and the basic principles established by the jurisprudence and the law in order to assess the medical error and the extent of entitlement to compensation and the amount of this compensation in the light of the discretionary power of the judge.

The most important conclusion of the study is that medical responsibility in UAE legislation is often a tort liability, although there is a contractual relationship between the patient and the health establishment. And that in some cases the …

Algorithmic Jim Crow, Margaret Hu

Faculty Publications

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on …

How Useful Is Gsv As An Environmental Observation Tool? An Analysis Of The Evidence So Far., Katherine Nesse, Leah Airt

SPU Works

Researchers in many disciplines have turned to Google Street View to replace pedestrian- or carbased in-person observation of streetscapes. It is most prevalent within the research literature on the relationship between neighborhood environments and public health but has been used as diverse as disaster recovery, ecology and wildlife habitat, and urban design. Evaluations of the tool have found that the results of GSV-based observation are similar to the results from in-person observation although the similarity depends on the type of characteristic being observed. Larger, permanent and discrete features showed more consistency between the two methods and smaller, transient and judgmental …

Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta

Florida State University Law Review

No abstract provided.

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review (2017-Present)

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …

Neighborhood Watch 2.0: Private Surveillance And The Internet Of Things, Daniel Healow

Washington Journal of Law, Technology & Arts

The use of low-cost cameras and internet-connected sensors is sharply increasing among local law enforcement, businesses, and average Americans. While the motives behind adopting these devices may differ, this trend means more data about the events on Earth is rapidly being collected and aggregated each day. Current and future products, such as drones and self-driving cars, contain cameras and other embedded sensors used by private individuals in public settings. To function, these devices must passively collect information about other individuals who have not given the express consent that is commonly required when one is actively using an online service, such …

The Drone Wars: The Need For Federal Protection Of Individual Privacy, Toban Platt

Washington Journal of Law, Technology & Arts

Drones—also known as unmanned aerial vehicles—are lightweight, easy to use, and relatively inexpensive aircraft with a wide variety of applications. Drone popularity has recently exploded, with an estimated two million recreational drones sold in 2016 and analysts predicting that sales will increase to 4.3 million units sold annually by 2020. With this increased popularity comes increased concerns about how they will be used and who will fly them. The Federal Aviation Administration (FAA) and state legislatures have created drone-specific legislation and rules governing drone use. However, these rules and regulations are more concerned with regulating drones with in relation to …

نظرية الظروف الطارئة وأثرها في التوازن الاقتصادي للعقد (دراسة تحليلية في ضوء قانون المعاملات المدنية الإماراتي, خميس صالح ناصر عبدا لله المنصوري

Theses

All contracts are subjected to the general rule, which is the commitment of the parties to the implementation of the contract, but this rule is dissenting with other rule, that it should be a balance between the obligations of the parties in the economic terms at the stage of formation of the contract and its implementation, and any disruption facing the imbalance will affects this balance in the contracting phase through the theory of compliance, either at the implementation phase that will face it through the theory of emergency circumstances, and what we need is the second exception of emergency …

Who's Watching The Kids?--The Use Of Peer-To-Peer Programs To Cyberstalk Children, Jessica Herndon

Oklahoma Journal of Law and Technology

No abstract provided.

Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner

Oklahoma Journal of Law and Technology

No abstract provided.

Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe

Oklahoma Journal of Law and Technology

No abstract provided.

Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez

Nevada Supreme Court Summaries

The Nevada Supreme Court (en banc) held that (1) a hyperlink to source material concerning a judicial proceeding may qualify as a report within the common law fair report privilege; and (2) Nevada’s anti-SLAPP statute, as effective prior to the 2013 amendment, reaches communication “aimed at procuring any governmental or electoral action,” even if it is not addressed to a government agency.

A Principled Defence Of The International Human Right To Privacy: A Response To Frédéric Sourgens, Asaf Lubin

Articles by Maurer Faculty

Part I offers a brief summary of Sourgens’ key arguments and his legal rationales for them. Part II pushes against the existence of a general privacy principle. This Part challenges both the methodology employed by Sourgens to identify this principle, as well as the practicality of the overall endeavor. Part III makes the case for an extraterritorial right to privacy under both treaty and customary international law. This Part further analyzes recent successes of IHRL in fighting against unwarranted surveillance, and concludes by providing counter-arguments to the concerns raised by Sourgens regarding the effectiveness of the human rights discourse in …

Health Information Technology And Hipaa: Can We Satisfy Security And Privacy Standards In The Digital Age, Robert Malone

Oklahoma Journal of Law and Technology

No abstract provided.

Looking For Lagniappe: Publicity As A Culprit To Social Networking Websites, Kristin Decker

Oklahoma Journal of Law and Technology

No abstract provided.

Not So Fast: Quon V. Arch Wireless Is Not Employees' License To Text The Workday Away, Amanda R. Higgins

Oklahoma Journal of Law and Technology

No abstract provided.

Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius

Texas A&M Law Review

Finding a happy medium is hard. Often, it is a challenge to find a workable balance between two unworkable extremes. Known as the “Goldilocks Principle,” this phenomenon has been observed in fields as diverse as developmental psychology and astrobiology. As Goldilocks found in the Three Bears’ house, “just right” may not come on the first attempt. We may have to explore the extremes of the spectrum—“too hot” and “too cold”—before we can settle on “just right. Goldilocks also discovered that this process is all the more difficult in a new environment—like the Three Bears’ house. Goldilocks persevered, however, until she …

Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert

Nevada Supreme Court Summaries

The Court found that discretionary-function immunity does not apply to intentional bad-faith tort claims. The Court also expressly adopted the false light invasion of privacy right of action in order to fully protect privacy interests. The Court also adopted the sliding scale approach for evaluating IIED claims, holding that increased severity of conduct will require less evidence to prove emotional distress.

Getting Under Fido's Skin: Analyzing The Objections To Mandatory Pet Microchipping Laws, Stephen D. Lott

Oklahoma Journal of Law and Technology

No abstract provided.

Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee

Maine Law Review

Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which the First …

Iright: There's No App For That, Justin Hinderliter

Oklahoma Journal of Law and Technology

No abstract provided.

Photography And The Right To Privacy: The French And American Approaches, W. J. Wagner

The Catholic Lawyer

No abstract provided.