Privacy Law Commons^™

Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton

University of the District of Columbia Law Review

Incident to a drug arrest, a police officer removes a smartphone from the pocket of the defendant. The smartphone may have incriminating evidence-phone numbers, pictures, text messages, and e-mails. But can the officer examine the smartphone on the scene or back at the station? Or does the officer need to show probable cause and obtain a warrant before examining the phone? If the phone were instead the arrestee's wallet or a cigarette package, under the search incident to lawful arrest exception to the Fourth Amendment's warrant requirement the officer could open and search inside either of these "containers." Anything found …

Access For All: A Review Of “Law Libraries, Government Transparency, And The Internet,” A Presentation By Daniel Schuman Of The Sunlight Foundation At The All-Sis Meeting, July 22, 2012, Susan David Demaine

Articles by Maurer Faculty

Attendees at the ALL-SIS Breakfast and Business Meeting at the AALL Annual Meeting had the pleasure of hearing from Daniel Schuman of the Sunlight Foundation speak on “Law Libraries, Government Transparency, and the Internet.” The Sunlight Foundation is a nonpartisan, nonprofit organization whose mission is to increase access to federal government information resources through advocacy and the development of information technology tools.

The Class Differential In Privacy Law, Michele E. Gilman

All Faculty Scholarship

This article analyzes how privacy law fails the poor. Due to advanced technologies, all Americans are facing corporate and governmental surveillance. However, privacy law is focused on middle-class concerns about limiting the disclosure of personal data so that it is not misused. By contrast, along the welfare-to-work continuum, poor people face privacy intrusions at the time that the state or their employers gather data. This data collection tends to be stigmatizing and humiliating, and it thus not only compounds the harmful effects of living in poverty, but also dampens democratic participation by the poor. The poor interact with the government …

Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza

University of Arkansas at Little Rock Law Review

A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.

After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of …

Privacy For Social Networking, Connie Davis Powell

University of Arkansas at Little Rock Law Review

This article begins by considering the emergence of social networks as a major medium of communication and posits that the success of social networks is attributable to their users' willingness to share their information. Next, the article considers the expectation of privacy for users of social networks and whether such expectation is reasonable. In particular, the article discusses the privacy policies and legal terms governing the use of social networks, and tracks the evolution of such terms and policies as they slowly whittle away user control over time. The article then discusses public outcry regarding the disclosure of information contrary …

Saving Privacy From History, Samantha Barbas

Journal Articles

No abstract provided.

The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson

Canadian Journal of Law and Technology

Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the …

Harvesting The "Forbidden Fruit" Of Biotechnology Research: Genetic Engineering, International Law And The Patentability Of Higher Life Forms In Canada, Eugene C. Lim

Canadian Journal of Law and Technology

As the frontiers of science are constantly redefined by the emergence of new technology, patent law often has to struggle to keep pace with the changing conception of what constitutes a protectable “invention”. A key challenge facing patent law in the age of biotechnology lies in ascertaining the extent to which genetically engineered life forms should be protected. A major concern relates to whether such life forms should be excluded from patentability on grounds of ordre public, ethics and morality.

This article critically explores the extent to which patent law in Canada protects this “forbidden fruit” of biotechnological innovation, and …

Electronic Privacy And Employee Speech, Pauline T. Kim

Chicago-Kent Law Review

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees' privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments—weak protection of employee privacy and increased protection for …

A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff

Canadian Journal of Law and Technology

He thought of the telescreen with its never-sleeping ear. They could spy upon you night and day, but if you kept your head you could still outwit them. [. . .] They could lay bare in the utmost detail everything that you had done or said or thought; but the inner heart, whose workings were mysterious even to yourself, remained impregnable.

— George Orwell, 1984

On Thursday September 27, 2012, a few months after our paper was written, the Supreme Court of Canada solidified the rights of children victimized by cyberbullying in the landmark decision of AB (Litigation Guardian of) …

Understanding The Internet As A Human Right, Michael Karanicolas

Canadian Journal of Law and Technology

Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative …

The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield

Canadian Journal of Law and Technology

Patent-Eligible Subject-Matter in Canada

The law of patent-eligible subject-matter in Canada has become badly muddled. There has been repeated confusion of subject-matter issues with non-subject matter issues such as novelty, obviousness, and utility. There has also been repeated confusion within the following group of issues pertaining to whether subject-matter is patent-eligible: whether a claim is for a mere idea or aggregation or for a patentable invention; whether claimed subject-matter falls within science and the useful arts; and whether claimed subject-matter falls within the statutory classes listed in the definition of “invention”. Echoes of older UK-based cases, relating to statutory provisions …

The Rules Of Corporate Governance In Public Companies In The Uae, Salama Hmoud Hamad Ai Ameri

Dissertations

Due to the recent upheavals and deteriorating global economic outlook, a healthy reevaluation and attention is being focused on the role of corporate governance in global economic and legal debate among policy makers and experts. The urgency has been expedited by the global financial crisis of 2007-2008 ("Financial Crisis") which had negative impact on all corners of the globe. The United Arab Emirates ("UAE") was also affected by the Financial Crisis, albeit in a limited and manageable manner than many other countries around the world.

As a result of the Financial Crisis and its impact, UAE responded with measures to …

Privacy Rights: The Virtue Of Protecting A False Reputation, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

What is the virtue of protecting a false reputation? The thesis of this paper is that there is none. There is none, at least, that justifies the suppression of free speech. Yet, there is a growing trend to see the protection of reputation from truth as a key function of the so-called “right of privacy.”

Unfortunately, people often do things that they are not proud of or do not want others to know about. Often, however, these are precisely the things that others want or need to know. For our own protection, each of us is better off being aware …

Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight

BYU Law Review

No abstract provided.

Post-Mortem Right Of Publicity In Arkansas: Protecting Against The Unauthorized Use Of A Person’S Identity For Commercial Purposes, Rashauna A. Norment

University of Arkansas at Little Rock Law Review

The right of publicity protects a person against the use of his or her name, identity, likeness, or other personal characteristics for commercial purposes without consent. Many states have implemented a statutory right of publicity or have recognized the right under common law. Currently, only three states have a post-mortem right of publicity. This article discusses jurisdictions that have adopted a postmortem right of publicity, and advocates that Arkansas adopt a postmortem right of publicity for everyone.

Specifically, the article argues that traditional protection stemming from actions for invasion of a right of privacy, trademark infringement, and copyright infringement cannot …

How The Movies Became Speech, Samantha Barbas

Journal Articles

In its 1915 decision in Mutual Film v. Industrial Commission of Ohio, the Supreme Court held that motion pictures were, as a medium, unprotected by freedom of speech and press because they were mere “entertainment” and “spectacles” with a “capacity for evil.” Mutual legitimated an extensive regime of film censorship that existed until the 1950s. It was not until 1952, in Burstyn v. Wilson, that the Court declared motion pictures to be, like the traditional press, an important medium for the communication of ideas protected by the First Amendment. By the middle of the next decade, film censorship in the …

Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons

Brigham Young University Education and Law Journal

No abstract provided.

Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard

Federal Communications Law Journal

Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …

The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther

BYU Law Review

No abstract provided.

Hard To Believe: The High Cost Of A Biometric Identity Card, A. Michael Froomkin, Jonathan Weinberg

Short Works

No abstract provided.

Privacy, Copyright, And Letters, Jeffrey L. Harrison

UF Law Faculty Publications

The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …

To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond

All Faculty Scholarship

Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …

Juror Privacy In The Sixth Amendment Balance, Melanie D. Wilson

Scholarly Articles

Some eight million citizens report for jury duty every year. Arguably, jury duty is one of the most significant opportunities to participate in the democratic process. For the accused, the jury acts as an indispensable safeguard against government overreaching. One might expect, therefore, that our justice system would treat potential jurors with care and tact. The opposite is true. During voir dire, prospective jurors are required to share insights into their own lives, quirks, proclivities, and beliefs. Litigants have probed jurors’ sexual orientation, criminal histories, criminal victimization, health, family relations, and beyond. A few scholars have chided the system for …

Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg

UIC John Marshall Journal of Information Technology & Privacy Law

Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda

Faculty Scholarship

No abstract provided.

Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans

Michigan Telecommunications & Technology Law Review

This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …