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Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo 2021 University of San Diego

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address ...


Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff 2021 William & Mary Law School

Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff

William & Mary Bill of Rights Journal

The recent proliferation of data breaches is one such event requiring a rethreading of standing doctrine. The Courts of Appeal are currently split on whether to allow or deny standing for data breach plaintiffs—those persons seeking recourse from the entities that fell victim to the breach and therein lost plaintiffs’ data to an unknown third party. Standing requires plaintiffs to show some injury, and how courts approach the concept of injury in these data breach cases determines whether plaintiffs will survive the standing analysis. Despite the disparate treatment of litigants across the circuits, the Supreme Court has repeatedly punted ...


Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, Paul J. Baillargeon 2021 University of Windsor

Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, Paul J. Baillargeon

Major Papers

We are now living in age where algorithms, and the data that feed them, govern a wide variety of decisions in our lives: not just search engines and personalized Netflix suggestions, but educational evaluations, stock market trades and political campaigns, the urban planning, and even how social services like welfare and public safety are managed. Heterogeneous lists like this have become the norm in any critical examination of algorithms, giving the impression of a ubiquitous relevance of algorithms. But algorithms can make mistakes that directly affect individuals and often contain both implicit and explicit biases. The technical complexity of algorithms ...


Transparency's Ai Problem, Hannah Bloch-Wehba 2021 Texas A&M University School of Law

Transparency's Ai Problem, Hannah Bloch-Wehba

Faculty Scholarship

A consensus seems to be emerging that algorithmic governance is too opaque and ought to be made more accountable and transparent. But algorithmic governance underscores the limited capacity of transparency law—the Freedom of Information Act and its state equivalents—to promote accountability. Drawing on the critical literature on “open government,” this Essay shows that algorithmic governance reflects and amplifies systemic weaknesses in the transparency regime, including privatization, secrecy, private sector cooptation, and reactive disclosure. These deficiencies highlight the urgent need to reorient transparency and accountability law toward meaningful public engagement in ongoing oversight. This shift requires rethinking FOIA’s ...


Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum 2021 Georgetown University Law Center

Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Standard formulations of the economic model of tort deterrence constitute the injurer as the unboundedly rational bad man. Unbounded rationality implies that the injurer can always compute the solution to his care-taking problem. This in turn implies that optimal liability rules can provide robust deterrence, for they can always induce the injurer to take socially optimal care. In this paper I examine the computational complexity of the injurer's care-taking problem. I show that the injurer's problem is computationally tractable when the precaution set is unidimensional or convex, but that it is computationally intractable when the precaution set is ...


Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel 2021 Warren Distinguished Professor of Law, University of San Diego

Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel

Notre Dame Law Review Reflection

Julie Cohen’s dazzling tour de force Between Truth and Power asks us to consider the new ways powerful actors extract valuable resources for gain and dominance. Cohen in particular warns that “the universe of personal data as a commons [is] ripe for exploitation.” Cohen writes that “if protections against discrimination, fraud, manipulation, and election interference are to be preserved in the era of infoglut, regulators will need to engage more directly with practices of data-driven, algorithmic intermediation and their uses and abuses.” I read Between Truth and Power as not only a compelling account of the contemporary transformations of ...


Outsourcing Privacy, Ari Ezra Waldman 2021 Professor of Law and Computer Science and Director, Center for Law, Innovation, and Creativity, Northeastern University School of Law and Khoury College of Computer Sciences. PhD, Columbia University; JD, Harvard Law School

Outsourcing Privacy, Ari Ezra Waldman

Notre Dame Law Review Reflection

An underappreciated part of the narrative of privacy managerialism—and the focus of this Essay—is the information industry’s increasing tendency to outsource privacy compliance responsibilities to technology vendors. In the last three years alone, the International Association of Privacy Professionals (IAPP) has identified more than 250 companies in the privacy technology vendor market. These companies market their products as tools to help companies comply with new privacy laws like the General Data Protection Regulation (GDPR), with consent orders from the Federal Trade Commission (FTC), and with other privacy rules from around the world. They do so by building ...


Introduction, Mark P. McKenna 2021 John P. Murphy Foundation Professor of Law, Notre Dame Law School; Director, Notre Dame Technology Ethics Center

Introduction, Mark P. Mckenna

Notre Dame Law Review Reflection

Julie Cohen’s Between Truth and Power is, as Orly Lobel writes, a “dazzling tour de force” that “asks us to consider the new ways powerful actors extract valuable resources for gain and dominance.” As she has done so frequently, Cohen takes an incredibly complex story and weaves together a comprehensive narrative that changes the entire framing of legal questions. Agree or disagree with her diagnoses, no one who seriously engages this book will ever think about regulation in the information economy the same way.

In January 2020 (seemingly a lifetime ago, given what 2020 would bring), we gathered leading ...


Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile 2021 University of Hull

Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile

Seattle Journal of Technology, Environmental & Innovation Law

The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide ...


When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson 2021 University of Nebraska at Omaha

When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson

Theses/Capstones/Creative Projects

Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.

Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and ...


The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor 2021 Candidate for Juris Doctor, Notre Dame Law School, 2022

The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor

Notre Dame Law Review

Schrems II invalidated Privacy Shield because the court found that it did not provide an “essentially equivalent” level of protection compared to the guarantees of the GDPR. The National Security Agency (NSA) operated surveillance programs that had the potential to infringe on the rights of EU subjects, and there was a lack of oversight and effective judicial remedies to protect rights of EU data subjects, which undermined Privacy Shield as a mechanism for data transfers. This Note sets aside the surveillance and national security issue, which would require resolution through a shift in overall U.S. national security law, and ...


Viability Of Consumer Grade Hardware For Learning Computer Forensics Principles, Lazaro A. Herrera 2021 Nova Southeastern University

Viability Of Consumer Grade Hardware For Learning Computer Forensics Principles, Lazaro A. Herrera

Journal of Digital Forensics, Security and Law

We propose utilizing budget consumer hardware and software to teach computer forensics principles and for non-case work, research and developing new techniques. Consumer grade hardware and free / open source software is more easily accessible in most developing markets and can be used as a first purchase for education, technique development and even when developing new techniques. These techniques should allow for small forensics laboratories or classroom settings to have the tooling and framework for trying existing forensics techniques or creating new forensics techniques on consumer grade hardware. We'll be testing how viable each individual piece of hardware is as ...


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Regulations For Smart Mobility: Proceed With Caution, Connor Saenz 2021 Southern Methodist University, Dedman School of Law

Regulations For Smart Mobility: Proceed With Caution, Connor Saenz

Science and Technology Law Review

No abstract provided.


Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider 2021 Southern Methodist University, Dedman School of Law

Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider

Science and Technology Law Review

No abstract provided.


Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung 2021 Southern Methodist University, Dedman School of Law

Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung

Science and Technology Law Review

No abstract provided.


The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz 2021 Southern Methodist University

The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz

Science and Technology Law Review

No abstract provided.


Front Matter, 2021 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Discourse On Digital Government And Regulation: A Bibliometric Analysis, Prakoso Bhairawa Putera, Amelya Gustina 2021 Indonesian Institute of Sciences

Discourse On Digital Government And Regulation: A Bibliometric Analysis, Prakoso Bhairawa Putera, Amelya Gustina

Library Philosophy and Practice (e-journal)

This study aims to discuss digital government and regulation, analyzed through the bibliometric approach with the Scopus database for the last 20 years and visualized through the VOSviewer software version 1.6.16. The results indicate that the topic of e-government has become essentially prominent and has been the most discussed in the past two decades. Approximately 41.1% of digital government and regulation articles are classified under the subject area of 'Computer Science', continued by Social Sciences (18.3%), and Business, Management and Accounting (10.2%), with the majority of being 'All Open Access' (46%). The trend of publication ...


Natural Language Processing For Lawyers And Judges, Frank Fagan 2021 EDHEC Business School (France)

Natural Language Processing For Lawyers And Judges, Frank Fagan

Michigan Law Review

A Review of Law as Data: Computation, Text, & the Future of Legal Analysis. Edited by Michael A. Livermore and Daniel N. Rockmore.


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