Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (2077)
- Science and Technology Law (1829)
- Computer Law (1722)
- Intellectual Property Law (898)
- Constitutional Law (819)
-
- Health Law and Policy (603)
- Fourth Amendment (569)
- Criminal Law (517)
- First Amendment (509)
- Legislation (492)
- Criminal Procedure (476)
- International Law (457)
- Torts (457)
- Human Rights Law (444)
- Communications Law (437)
- State and Local Government Law (434)
- Law and Society (429)
- Administrative Law (422)
- Supreme Court of the United States (419)
- Family Law (417)
- Consumer Protection Law (414)
- Courts (402)
- Legal History (392)
- Other Law (390)
- Marketing Law (384)
- Banking and Finance Law (373)
- Jurisprudence (371)
- Law and Politics (371)
- Institution
-
- UIC School of Law (911)
- Schulich School of Law, Dalhousie University (330)
- Seattle University School of Law (260)
- University of Michigan Law School (189)
- Vanderbilt University Law School (152)
-
- Universitas Indonesia (130)
- The Catholic University of America, Columbus School of Law (120)
- University of Washington School of Law (120)
- Maurer School of Law: Indiana University (111)
- Boston University School of Law (101)
- Brooklyn Law School (92)
- University of Oklahoma College of Law (86)
- University of Colorado Law School (76)
- Washington and Lee University School of Law (71)
- New York Law School (63)
- Washington University in St. Louis (62)
- University at Buffalo School of Law (61)
- University of Richmond (58)
- American University Washington College of Law (57)
- William & Mary Law School (51)
- Fordham Law School (50)
- University of Georgia School of Law (48)
- Notre Dame Law School (46)
- University of Maryland Francis King Carey School of Law (46)
- University of Maine School of Law (44)
- University of Miami Law School (44)
- Brigham Young University Law School (43)
- West Virginia University (43)
- National Law School of India University (39)
- University of Kentucky (39)
- Keyword
-
- Privacy (904)
- Surveillance (164)
- Technology (157)
- Fourth Amendment (144)
- Internet (113)
-
- Privacy law (110)
- Data privacy (100)
- Data (97)
- Data protection (94)
- First Amendment (93)
- Artificial intelligence (74)
- Social media (66)
- Fourth amendment (65)
- Cybersecurity (63)
- GDPR (60)
- Right of privacy (59)
- Right to privacy (56)
- AI (55)
- Law (52)
- Big data (47)
- Information (47)
- Regulation (47)
- Confidentiality (45)
- European Union (44)
- Copyright (43)
- HIPAA (43)
- Data security (39)
- FTC (38)
- Privacy Law (37)
- Security (37)
- Publication Year
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (777)
- Canadian Journal of Law and Technology (282)
- Faculty Scholarship (237)
- Seattle University Law Review (210)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
-
- UIC Law Review (111)
- Catholic University Journal of Law and Technology (104)
- Michigan Law Review (79)
- Articles (77)
- Publications (66)
- Scholarship@WashULaw (62)
- Faculty Articles (61)
- Vanderbilt Journal of Entertainment & Technology Law (58)
- Articles by Maurer Faculty (57)
- Faculty Publications (46)
- Washington Law Review (45)
- West Virginia Law Review (41)
- Vanderbilt Law Review (40)
- Buffalo Law Review (36)
- Indian Journal of Law and Technology (35)
- Articles, Book Chapters, & Popular Press (34)
- Journal Articles (33)
- Indiana Law Journal (32)
- Law Faculty Scholarship (32)
- Vanderbilt Law School Faculty Publications (32)
- Articles & Chapters (31)
- Touro Law Review (30)
- Seattle Journal for Social Justice (29)
- All Faculty Scholarship (28)
- Kentucky Law Journal (28)
- Publication Type
- File Type
Articles 2191 - 2220 of 4620
Full-Text Articles in Privacy Law
Trending @ Rwu Law: Professor David Coombs's Post: Veterans Court's Decision Will Affect Rwu Law's Veterans Disability Field Clinic: 02-24-2016, David Coombs
Law School Blogs
No abstract provided.
Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law
Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce
Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce
William & Mary Law Review
No abstract provided.
Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School Of Law
Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Weathering The Nest: Privacy Implications Of Home Monitoring For The Aging American Population, Jillisa Bronfman
Weathering The Nest: Privacy Implications Of Home Monitoring For The Aging American Population, Jillisa Bronfman
Duke Law & Technology Review
The research in this paper will seek to ascertain the extent of personal data entry and collection required to enjoy at least the minimal promised benefits of distributed intelligence and monitoring in the home. Particular attention will be given to the abilities and sensitivities of the population most likely to need these devices, notably the elderly and disabled. The paper will then evaluate whether existing legal limitations on the collection, maintenance, and use of such data are applicable to devices currently in use in the home environment and whether such regulations effectively protect privacy. Finally, given appropriate policy parameters, the …
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Pepperdine Law Review
The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In order to protect …
Privacy And Markets: A Love Story, Ryan Calo
Privacy And Markets: A Love Story, Ryan Calo
Notre Dame Law Review
After defining terms, Part I lays out the law and economics case against privacy, including its basis in economic thought more generally. Part II canvasses the literature responding to economic skepticism in the privacy law literature. Some scholars mount an insider critique, accepting the basic tenets of economics but suggesting that privacy actually increases efficiency in some contexts, or else noting that markets themselves will yield privacy under the right conditions. Others critique economic thinking from the outside. Markets “unravel” privacy by penalizing it, degrade privacy by treating it as just another commodity, or otherwise interfere with the values or …
Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero
Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero
University of Miami Law Review
The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos. Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alternative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images …
Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz
Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz
Scholarly Publications
This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …
The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Robert H. Sloan, Richard Warner
The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Robert H. Sloan, Richard Warner
Minnesota Journal of Law, Science & Technology
No abstract provided.
Security And Privacy Must Not Be Traded Off Against Each Other, Tan K. B. Eugene
Security And Privacy Must Not Be Traded Off Against Each Other, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Last week, a United States federal judge ordered Apple to assist the Federal Bureau of Investigation to gain entry into an encrypted iPhone used by Syed Rizwan Farook to know where Farook and his wife had been and who had helped them in their terrorist act last December. Farook and his wife shot and killed 14 people in San Bernardino, California, before the police killed them.
Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer
Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer
Chicago-Kent Law Review
This Note explores the constitutional implications of the use of a device known as the “Stingray” in criminal investigations. This device masquerades as a cell phone tower and forces all cell phones within a considerable range to connect to it, transmitting data and allowing law enforcement to ascertain the location of each cell phone. The use of Stingrays raises important Fourth Amendment concerns that have been brought to light most significantly by the 2008 federal prosecution of Daniel Rigmaiden. This Note argues that Stingray use constitutes a Fourth Amendment search and that a new standard of warrant requirements is needed …
Riley V. California And The Stickiness Principle, Steven I. Friedland
Riley V. California And The Stickiness Principle, Steven I. Friedland
Duke Law & Technology Review
In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …
I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert Sloan
I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert Sloan
All Faculty Scholarship
No abstract provided.
Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso
Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso
Proxy
No abstract provided.
Une Nouvelle Course Aux Armements: Surveillance Des Donnees Informatiques Et Finance Dematerialisee (Big Data, Digital Finance, And The Surveillance Arms Race), Frank A. Pasquale
Une Nouvelle Course Aux Armements: Surveillance Des Donnees Informatiques Et Finance Dematerialisee (Big Data, Digital Finance, And The Surveillance Arms Race), Frank A. Pasquale
Faculty Scholarship
No abstract provided.
The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro
The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro
Scholarly Articles
The authors, all data protection experts, discuss the status of the relevant data protection regulatory framework on profiling in the business sector in sev eral countries worldwide, from the constitutional level to some individual regulation including the general attitude towards the topic. The EU perspective is presented on the basis of the present directives as well as the General Data Protection Regulation. The United Kingdom, Germany and France, as three of the largest EU Member States with partly highly differing regulatory approaches represent Member State law. Australia, Brazil and the US regulation exemplify the different integration of data protection standards …
Community Economic Development, Legal Clinic Program
Community Economic Development, Legal Clinic Program
Course Descriptions and Information
This clinic emphasizes transactional practice skills. This clinic provides short term counseling in a broad range of small business matters such as corporations, limited liability companies, partnerships, intellectual property, copyright, trademark, privacy law, nonprofit organizations, art groups as well as the legal requirements for starting a small business. Students provide direct legal assistance, counseling, representation, community legal education, and informational materials to new and mature for-profit and non-profit organizations, individuals and community groups seeking to better the economic, social, equitable and cultural well-being of low income communities.
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Faculty Articles and Other Publications
In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …
Legitimate Invasions: What Ontario Can Learn From The History Of The Consumer Reporting Act, Eliie Marshall
Legitimate Invasions: What Ontario Can Learn From The History Of The Consumer Reporting Act, Eliie Marshall
Canadian Journal of Law and Technology
The growth of modern surveillance has attracted great public and scholarly interest. As Justice Abella recently noted in Douez v. Facebook, the Internet has transformed the potential harms flowing from an unjustified invasion of one’s personal information. Most analyses of the associated risks, however, imply that the techniques and motivations for surveillance are new. In fact, tactics for collecting and exchanging information about individuals to gain power over those individuals are well documented since time immemorial. From William the Conquerer’s Domesday Book to IBM’s first census tabulating machine, the advantage gained through data sharing has greatly benefited the state. The …
Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Mj Thomasen
Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Mj Thomasen
Canadian Journal of Law and Technology
No technology emerges in a social or legal vacuum. The laws and norms guiding acceptable uses of new technologies help to shape the ways in which these technologies benefit or disadvantage different individuals and communities. Recently, the impact of drones on women’s privacy has garnered sensational attention in media and popular discussion. Media headlines splash stories from drones spying on sunbathing or naked women and girls, to drones being used to stalk women through public spaces, to drones delivering abortion pills to women who might otherwise lack access. Yet despite this popular attention, and the immense literature that has emerged …
Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport
UIC John Marshall Journal of Information Technology & Privacy Law
A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …
Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
UIC John Marshall Journal of Information Technology & Privacy Law
The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …
Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper
UIC John Marshall Journal of Information Technology & Privacy Law
This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
UIC John Marshall Journal of Information Technology & Privacy Law
The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …
The Presumption Of Injury: Giving Data Breach Victims "A Leg To Stand On," 32 J. Marshall J. Info. Tech. & Privacy L. 301 (2016), Corey Varma
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet
Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet
UIC John Marshall Journal of Information Technology & Privacy Law
This paper will explain the current state regarding the integration of commercial and recreational drones into the United States’ airspace with general aviation, as well as identify whether drones and general aviation incidents are common or are likely to occur. This paper will also analyze proposed regulations by the Federal Aviation Administration and any drawbacks that come along with them, as well as other proposed solutions to the current problem with integration of drones. Additionally, this paper will propose a solution which incorporates the use of current aviation technologies to solve the drone integration problem: mandating commercial drone operators to …