Privacy Law Commons^™

The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper

University of Cincinnati Law Review

No abstract provided.

Video-Streaming Records And The Video Privacy Protection Act: Broadening The Scope Of Personally Identifiable Information To Include Unique Device Identifiers Disclosed With Video Titles, Gregory M. Huffman

Chicago-Kent Law Review

The Video Privacy Protection Act (“VPPA”) prohibits video tape service providers from disclosing their consumers’ video rental or sale records. Although the VPPA was originally enacted to regulate disclosures by brick-and-mortar video rental stores, litigators have more recently used the VPPA as a vehicle to regulate disclosures by online video content providers.

The application of the VPPA to video streaming via web browsers and mobile devices raises new questions of statutory interpretation. One key question is whether the scope of the VPPA is broad enough to cover a disclosure of a unique device identifier of a user’s device, rather than …

Children’S Anatomy V. Children’S Autonomy: A Precarious Balancing Act With Preimplantation Genetic Diagnosis And The Creation Of “Savior Siblings”, Marley Mcclean

Pepperdine Law Review

On February 3, 2015, Members of the United Kingdom’s Parliament, in an historical move, voted to approve the creation of human beings from three different parents, i.e., the creation of three-person DNA. In doing so, it became the first country ever to approve laws regulating such a procedure. The procedure uses a customized version of in vitro fertilization (IVF) to mix the DNA of two parents with the healthy mitochondria of a donor woman. While three-person DNA is not yet practiced in the United States, there is a controversial ART procedure practiced and unregulated in the United States that also …

National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern

Faculty Publications

For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually confused, but viable alternatives have been slow to emerge. This Article supplies one.

We argue that Fourth Amendment protection should be anchored in background positive law. The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. It is those actions that should be subjected to Fourth Amendment reasonableness review and the presumptive requirement to obtain a warrant. In short, Fourth Amendment protection …

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.

Unilateral Invasions Of Privacy, Roger Allan Ford

Law Faculty Scholarship

Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …

Unilateral Invasions Of Privacy, Roger Allan Ford

Notre Dame Law Review

Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …

Identity Laws And Privacy Protection In A Modern State: The Legal History Concerning Personal Information In Taiwan (1895-2015), Yung-Hua Kuo, Po-Liang Chen

Washington International Law Journal

This article investigates the continuity and transformation of the personal identity and identification legal systems in Taiwan. From 1895 to 2015, Japan and subsequently the Republic of China (ROC) ruled Taiwan and transplanted different legal systems of personal information to Taiwan. This article analyzes how these systems were applied to and impacted Taiwanese society in three periods: the Japanese rule period (1895–1945), the period of strict control by the ROC government (1945–1992), and the rise and evolution of the privacy period (1993–2015). When Taiwan was ruled by the Qing Empire (1683–1895), there was no precise personal information database in Taiwan. …

"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind

Loyola of Los Angeles Entertainment Law Review

The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. While the case is well known, the facts behind the case are not. None of the three courts that heard the case were told that the alleged parody by 2 Live Crew appeared only on a “sanitized” version of the group’s controversial album. Thus the work had a heightened commercial purpose: filling up a meager album so that album could serve as a market stopgap for its controversial cousin. Although commercial purpose is a key factor in the fair use calculus, no court …

The Right To Attention, Jasper L. Tran

Indiana Law Journal

What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.

This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …

Against Data Exceptionalism, Andrew Keane Woods

Law Faculty Scholarly Articles

One of the great regulatory challenges of the Internet era—indeed, one of today's most pressing privacy questions—is how to define the limits of government access to personal data stored in the cloud. This is particularly true today because the cloud has gone global, raising a number of questions about the proper reach of one state's authority over cloud-based data. The prevailing response to these questions by scholars, practitioners, and major Internet companies like Google and Facebook has been to argue that data is different. Data is “unterritorial,” they argue, and therefore incompatible with existing territorial notions of jurisdiction. This Article …

Elements Of A New Ethical Framework For Big Data Research, Effy Vayena, Urs Gasser, Alexandra Wood, David R. O'Brien, Micah Altman

Washington and Lee Law Review Online

Emerging large-scale data sources hold tremendous potential for new scientific research into human biology, behaviors, and relationships. At the same time, big data research presents privacy and ethical challenges that the current regulatory framework is ill-suited to address. In light of the immense value of large-scale research data, the central question moving forward is not whether such data should be made available for research, but rather how the benefits can be captured in a way that respects fundamental principles of ethics and privacy.

In response, this Essay outlines elements of a new ethical framework for big data research. It argues …

Big Data Sustainability: An Environmental Management Systems Analogy, Dennis D. Hirsch, Jonathan H. King

Washington and Lee Law Review Online

Today, organizations globally wrestle with how to extract valuable insights from diverse data sets without invading privacy, causing discrimination, harming their brand, or otherwise undermining the sustainability of their big data projects. Leaders in these organizations are thus asking: What management approach should businesses employ sustainably to achieve the tremendous benefits of big data analytics, while minimizing the potential negative externalities?

This Paper argues that leaders can learn from environmental management practices developed to manage the negative externalities of the industrial revolution. First, it shows that, along with its many benefits, big data can create negative externalities that are structurally …

Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene

Fordham Urban Law Journal

No abstract provided.

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.

Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann

Fordham Urban Law Journal

No abstract provided.

Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson

Other Faculty Publications

The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …

Implications On The Constitutionality Of Student Cell Phone Searches Following Riley V. California, Ross Hoogstraten

William & Mary Bill of Rights Journal

No abstract provided.

Byrne: Closing The Gap Between Hipaa And Patient Privacy, Austin Rutherford

San Diego Law Review

HIPAA’s lack of an individualized remedy harmed individuals and left the law a toothless monster, but Byrne begins to fill the longstanding gap by offering greater protection for individuals and their sensitive information. Byrne will also incentivize better compliance with HIPAA by instilling in companies a fear of sizeable tort suit damage awards.

Part II of this Note introduces HIPAA and its ability to protect sensitive health information. Part III discusses the facts, holding, and reasoning of Byrne, in which a state supreme court, for the first time, recognized HIPAA requirements as a duty owed in negligence claims. Part IV …