Privacy Law Commons^™

Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Comedy Of Errors: Defining "Component" In A Global Information Technology Market - Accounting For Innovation By Penalizing The Innovators, 24 J. Marshall J. Computer & Info. L. 507 (2006), William Greubel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Revisiting The American Action For Public Disclosure Of Facts, In New Dimensions In Privacy Law: International And Comparative Perspectives (Andrew T. Kenyon & Megan Richardson Eds., 2006), Brian C. Murchison

Books and Chapters

Although the public disclosure tort has had an unpromising past, it appeals to what Anthony Lewis suggests is a sense of basic fairness to ‘those who have not sought power’ but have become illustrations of public issues. The tort’s weakness may be a function of cultural indifference or constitutional qualms, although the most likely explanation is institutional: until recently, the Supreme Court offered no illumination of a core interest. Libel law had reserved the obvious candidate, dignity, for civic contexts. Now, with the court’s decision in Bartnicki and the insights of a number of contemporary thinkers, it may be time …

Equal Protection In The World Of Art And Obscenity: The Art Photographer's Latent Struggle With Obscenity Standards In Contemporary America, Elaine Wang

Vanderbilt Journal of Entertainment & Technology Law

Part I of this article describes the initial hurdles that all visual art forms, including photography, face with respect to First Amendment protection given the power of visual imagery and the three-pronged test for obscenity set forth in Miller v. California. Of particular relevance is the "serious artistic value" prong of the Miller test and the problems inherent in determining who is to judge as well as how one might judge whether a work, particularly a photograph that may be construed to have a non-artistic function, possesses "serious artistic value."

Part II addresses the overall approach to photography in three …

A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer

Faculty Scholarship

No abstract provided.

In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano

UIC Law Review

No abstract provided.

Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham

UIC Law Review

No abstract provided.

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.

If You Love Me Dear, Please Sign Here: Will The "Love Contract" Play A Role In Protecting Employers From Sexual Harassment Liability?, 40 J. Marshall L. Rev. 311 (2006), Jessica Lynn Mok O'Neill

UIC Law Review

No abstract provided.

Lost In Translation? Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

Articles

To the extent that we permit data mining programs to proceed, they must provide adequate due process and redress mechanisms that permit individuals to clear their names. A crucial criteria for such a mechanism is to allow access to information that was used to make adverse assessments so that errors may be corrected. While some information may have to be kept secret for national security purposes, a degree of transparency is needed when individuals are trying to protect their right to travel or access government services free from suspicion.

Part II of this essay briefly outlines the government's ability to …

Remembering The Public Domain, Christine Galbraith Davik

Faculty Publications

Rapid advances in communication technology over the past decade have resulted in the previously unimaginable ability to seamlessly exchange ideas and data on a global basis. Nonetheless, despite the undeniable progress that has been made, access to information is ironically becoming progressively more. This is due in large part to the fact that resources which belong in the public domain are increasingly being transformed into private property. The carefully balanced provisions of copyright law are gradually becoming displaced by contractual, technological, and legislative constraints that allow for the tight control of access to and use of the materials in question. …

Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.

Hipaa-Cracy, Carl E. Schneider

Articles

The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …

Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck

Articles, Book Chapters, & Popular Press

Radio Frequency ID tags are poised to replace the UPC barcode as a mechanism for inventory control in the wholesale and retail contexts. Yet the tiny chips offer a range of potential uses that go beyond the bar code. In this paper the authors define RFID technology and its applications. They explore the privacy implications of this technology and consider recent attempts in the U.S. and European Union to grapple with the privacy issues raised by the deployment of RFIDs at the retail level. The authors then consider the extent to which Canada's Personal Information Protection and Electronic Documents Act …

Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock

NYLS Law Review

No abstract provided.

Seeking Privacy: Examining A Role For The Fiduciary In Protecting Personal Information, Marcey L. Grigsby

NYLS Law Review

No abstract provided.

Can Your Privacy Be Protected In An Internet Age?, Suzanne Blaz

Public Interest Law Reporter

No abstract provided.

Lawrence And The Right To Metaprivacy, Jamal Greene

Faculty Scholarship

Americans take seriously the difference between acts and ideas. We remain mystified, for example, by the to-do about the cartoons depicting the Prophet Muhammad. The act-idea distinction is alive and well in our culture, and it remains largely intact in American law. No store owner puts up a sign saying, “You covet it, you bought it!” If you want to show your commitment to “manliness” by refusing to hire women, you’re out of luck. Don’t want to pay your taxes because you don’t like the Administration’s views? Move to Canada. We let the government erect at least rudimentary boundaries between …

Introduction, Russell L. Weaver, David F. Partlett

NYLS Law Review

No abstract provided.

Privacy, Princesses, And Paparazzi, Barbara Mcdonald

NYLS Law Review

No abstract provided.

Bahnken V. New York City Fire Department, Bryanne Kelleher

NYLS Law Review

No abstract provided.

Regulation Of Municipal Wi-Fi, Michael Botein

NYLS Law Review

No abstract provided.

The Information Privacy Law Project, Neil M. Richards

Scholarship@WashULaw

One of the most interesting developments in privacy law literature over the past few decades has been the emergence of The Information Privacy Law Project, a group of scholars focused on the legal issues raised by the increasing collection, use, and disclosure of personal information made possible by evolving digital technologies. These scholars have sought to establish information privacy law as a field of study distinct from the constitutional right to decisional privacy. This Essay uses the recent publication of a major work by Daniel J. Solove, "The Digital Person: Privacy and Technology in the Digital Age", as a lens …

Collective And Individual Approaches To Protecting Employee Privacy: The Experience With Workplace Drug Testing, Pauline Kim

Scholarship@WashULaw

This contribution to a symposium on workplace privacy asks what difference it makes to think about workers' rights under a collective as opposed to an individual rights model in a particular context: that of protecting employee privacy. More specifically, it undertakes an examination of the range of disputes between employers and employees over workplace drug testing in the late 1980's and the 1990's, focusing on the differences between cases brought with union involvement and those brought by individual workers acting alone. In doing so, it asks how collective forms of disputing about drug testing differed from individual approaches, and whether …

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Jr.

Vanderbilt Journal of Entertainment & Technology Law

This article briefly explores several scenarios in which economic actors compete and cooperate in order to capture the value in personal information. The focus then shifts to one particular scenario: the ongoing interaction between the United States and the European Union in attempting to construct data protection regimes that serve the philosophies and citizens of each jurisdiction as well as provide a strategic economic advantage. A game theoretic model is presented to explain the course of dealings between the two actors, including both unilateral and bilateral actions. Part I ends with an exploration of opportunities for seizing competitive advantage, and …

Internet Cookies: When Is Permission Consent?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Rfid Et Administration Publique: Le Citoyen Sous Surveillance?, Anthony Hémond

Canadian Journal of Law and Technology

Lorsque les gouvernements et l’Administration se lancent dans la mise en place d’une nouvelle technologie, il leur faut, au préalable, analyser les enjeux et les risques de ce déploiement.

Tel sera l’essentiel de nos développements. Nous verrons comment, notamment à travers la mise en place du e-passeport, la technologie RFID peut être intégrée au sein de l’Administration. Le choix de cette nouvelle génération de passeports n’est pas anodin: si dans certains domaines les donne ́es qu’ils contiennent sont précieuses, dans d’autres, notamment celui de la santé, les informations sur les personnes sont très sensibles. Il faut donc maîtriser les risques …

Beyond Content: The Emergence Of Video Games And Their Diverse Effects On Legal Normativity As Seen Through The Lens Of Jean Baudrillard, Stephen Orr

Canadian Journal of Law and Technology

Current legal discourse about video games focuses primarily on freedom of speech issues relating to the content of games. Using the work of Jean Baudrillard (and to a small extent Marshall McLuhan) this article reconsiders how we should conceptualize the regulation of video games. Baudrillard's theories are particularly interesting to explore as his pessimistic reflections about technology challenge us to contemplate how profoundly the form of new communicative technologies, such as video games, shape human interactions. Appealing to both theorists' belief that "the medium is the message", this article argues that we should be wary of focusing legal energy exclusively …

Privacy Law In The New Millennium: A Tribute To Richard C. Turkington, Gregory P. Magarian

Scholarship@WashULaw

At least since Louis Brandeis and Samuel Warren's seminal 1890 article "The Right to Privacy,"' the idea of privacy has sparked some of the most significant and contentious debates in American law. Over the past three decades, Richard Turkington focused his formidable intellect on enriching those debates. Dick's untimely passing in 2004 deprived those of us who knew and worked with him of a treasured friend and a brilliant colleague. The broader legal profession lost a visionary. Probably more than any other scholar of his generation, Dick was responsible for expanding and deepening our understanding of the essential, sometimes elusive, …

Beyond Lawrence: Metaprivacy And Punishment, Jamal Greene

Faculty Scholarship

Lawrence v. Texas remains, after three years of precedential life, an opinion in search of a principle. It is both libertarian – Randy Barnett has called it the constitutionalization of John Stuart Mill's On Liberty – and communitarian – William Eskridge has described it as the gay rights movement's Brown v. Board of Education. It is simultaneously broad, in its evocation of our deepest spiritual commitments, and narrow, in its self-conscious attempts to avoid condemning laws against same-sex marriage, prostitution, and bestiality. This Article reconciles these competing claims on Lawrence's jurisprudential legacy. In Part I, it defends the …