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Articles 61 - 70 of 70
Full-Text Articles in Legal Studies
Rethinking Free Speech And Civil Liability, Neil M. Richards, Daniel J. Solove
Rethinking Free Speech And Civil Liability, Neil M. Richards, Daniel J. Solove
Scholarship@WashULaw
One of the most important and unresolved quandaries of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. When speech results in civil liability, two starkly opposing rules are potentially applicable. Since New York Times v. Sullivan, the First Amendment requires heightened protection against tort liability for speech, such as defamation and invasion of privacy. But in other contexts involving civil liability for speech, the First Amendment provides virtually no protection. According to Cohen v. Cowles, there is no First Amendment scrutiny for speech restricted by promissory estoppel and contract. The First Amendment rarely requires …
Natural Law - A Libertarian View, Anthony D'Amato
Natural Law - A Libertarian View, Anthony D'Amato
Faculty Working Papers
What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …
Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland
Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland
Journal of Digital Forensics, Security and Law
The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …
Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt
Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt
Journal of Digital Forensics, Security and Law
Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.
Intellectual Privacy, Neil M. Richards
Intellectual Privacy, Neil M. Richards
Scholarship@WashULaw
This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …
The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland
The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland
Journal of Digital Forensics, Security and Law
All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …
Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove
Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove
Scholarship@WashULaw
The familiar legend of privacy law holds that Samuel Warren and Louis Brandeis invented the right to privacy in 1890, and that William Prosser aided its development by recognizing four privacy torts in 1960. In this article, Professors Richards and Solove contend that Warren, Brandeis, and Prosser did not invent privacy law, but took it down a new path. Well before 1890, a considerable body of Anglo-American law protected confidentiality, which safeguards the information people share with others. Warren, Brandeis, and later Prosser turned away from the law of confidentiality to create a new conception of privacy based on the …
The Information Privacy Law Project, Neil M. Richards
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 …
Reconciling Data Privacy And The First Amendment, Neil M. Richards
Reconciling Data Privacy And The First Amendment, Neil M. Richards
Scholarship@WashULaw
This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …
The Confidentiality Of Library Users’ Records, John A. Drobnicki
The Confidentiality Of Library Users’ Records, John A. Drobnicki
Publications and Research
Many activities that take place in the library, including circulation and inter!ibrary loan and reserve requests, result in the creation of records linking clients to specific kinds of information. Several groups, including law enforcement officials, have attempted on various occasions to gain access to these records. This research paper provides a broad overview of the legal and ethical issues regarding the confidentiality of library user's records, including federal, state, and court protection for the confidentiality of library records, the status of library records that are part of a public institution, and a minor's right to privacy. The paper also discusses …