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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 ...


Criminal Protection Of The Image Of Person In Human Rights: A Study In The French, Bahraini, And Libyan Legislations, Dr. Mashallah Othman Muhammad 2021 Assistant Professor of Criminal Law, Faculty of Law, University of Benghazi- Libya

Criminal Protection Of The Image Of Person In Human Rights: A Study In The French, Bahraini, And Libyan Legislations, Dr. Mashallah Othman Muhammad

Journal Sharia and Law

Individual or personal freedom is a basic and important requirement of the human being in various peoples and throughout the ages. The person has taken a long march of struggle and struggle to defend and protect it, and this has been demonstrated in the affirmation of personal freedom and the rights associated with it in various legislations around the world.

At the forefront of those rights is the human right to prohibit the image and not to take it, publish it or use it without its consent.

The risks to this right have increased with the scientific and technological progress ...


Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison McGregor 2021 University of Georgia School of Law

Bird's-Eye View: A Comparative Examination Of Drone Regulation Through The Lens Of Privacy Protection, Allison Mcgregor

Georgia Journal of International & Comparative Law

No abstract provided.


The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter 2021 Northwestern Pritzker School of Law

The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter

Northwestern Journal of Technology and Intellectual Property

As consumer DNA testing gains widespread popularity, so has law enforcement’s interest in leveraging genetic databases for criminal investigations. Consumer DNA testing products like 23andMe and Ancestry allow private individuals access to their genetic data on private databases. However, once coded, genetic data is free to be downloaded by users and uploaded to public databases. Police identify suspects by uploading cold case DNA to public genetic databases and find familial matches. If they identify a familial match, they narrow the field of suspects using traditional methods of investigation, which often includes extracting suspect DNA from a piece of their ...


The Limits Of International Law In Content Moderation, evelyn douek 2021 Harvard Law School

The Limits Of International Law In Content Moderation, Evelyn Douek

UC Irvine Journal of International, Transnational, and Comparative Law

In remarkably short order, there has been growing convergence, especially in academia and civil society, around the idea that major social media platforms should use international human rights law (IHRL) as the basis for their content moderation rules. Even platforms themselves have begun to agree. But why have these legendarily growth-obsessed companies been so quick to voluntarily say they are jumping on this bandwagon? Afterall, advocates for incorporating IHRL into content moderation governance generally envision it operating as a constraint on social media platforms’ operations. There are both encouraging and less encouraging explanations. For the glass half-full types, there is ...


Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park 2021 Korea University Law School

Data As Public Goods Or Private Properties?: A Way Out Of Conflict Between Data Protection And Free Speech, Kyung Sin Park

UC Irvine Journal of International, Transnational, and Comparative Law

In this Article, I will review the origins of data protection laws and reestablish the concept of “data surveillance” as the primary evil that data protection laws should try to abate. From this review, I discover a transnational principle that strong data protection laws are must-haves for all jurisdictions wishing to protect privacy for their people, but that data protection laws should not be applied to data that have been made publicly available through legitimate process. I then find legislative examples embodying such principle. Next, I will look at “scientific research” exemptions from data subjects’ control on pseudonymized data, and ...


Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer 2021 University of California, Irvine School of Law

Transnational Legal Ordering Of Data, Disinformation, Privacy, And Speech, David Kaye, Gregory C. Shaffer

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris van Hoboken, Ronan Ó Fathaigh 2021 Vrije Universiteit Brussel

Regulating Disinformation In Europe: Implications For Speech And Privacy, Joris Van Hoboken, Ronan Ó Fathaigh

UC Irvine Journal of International, Transnational, and Comparative Law

This Article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platforms to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies ...


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 ...


A Work Place Surveillance: Who's Watching?, Mark E. Heath 2021 Heenan, Althen & Roles

A Work Place Surveillance: Who's Watching?, Mark E. Heath

Journal of Natural Resources & Environmental Law

No abstract provided.


Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu 2021 Seattle University School of Law

Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu

Seattle Journal of Technology, Environmental & Innovation Law

The United States has been patiently waiting for a comprehensive federal data privacy law to protect consumers. However, strong data privacy laws can also protect a less thought-about group: survivors of domestic violence and intimate partner violence. As new technology proliferates into our daily lives, technology-based abuse is quickly becoming a common form of intimate partner abuse. Domestic violence survivors and advocates have to stay extra vigilant about who has access to their internet data. Needing to understand technology-specific safety measures and learn technology-literacy skills adds more work to already overwhelmed domestic violence advocates and survivors. Could the law serve ...


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 ...


Privacy, E-Commerce And Data Security, Marco R. Provvidera, Volha Samasiuk, Richard Peltz-Steele, Mayra Cavazos Calvillo, Adrian Lucio Furman, Renato Opice Blum, Matthew Murphy, Kyoung Yeon Kim 2021 Southern Methodist University

Privacy, E-Commerce And Data Security, Marco R. Provvidera, Volha Samasiuk, Richard Peltz-Steele, Mayra Cavazos Calvillo, Adrian Lucio Furman, Renato Opice Blum, Matthew Murphy, Kyoung Yeon Kim

The Year in Review

No abstract provided.


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 ...


“But, I Didn’T Mean To Hurt You”: Why The First Amendment Does Not Require Intent-To-Harm Provisions In Criminal “Revenge Porn” Laws, Katherine G. Foley 2021 Boston College Law School

“But, I Didn’T Mean To Hurt You”: Why The First Amendment Does Not Require Intent-To-Harm Provisions In Criminal “Revenge Porn” Laws, Katherine G. Foley

Boston College Law Review

Free speech protection under the First Amendment to the U.S. Constitution is arguably one of the most essential rights that U.S. citizens hold. Since the founding of this country, a tension has existed between the government’s protection of free speech and an individual’s right to privacy. The Internet exacerbated this tension by providing an accessible avenue for the dissemination of private images for all to see. Nonconsensual pornography and “revenge porn” are at the epicenter of this issue. Today, one in twelve adults in the United States will become a victim of nonconsensual pornography during their ...


Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis 2021 William & Mary Law School

Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis

William & Mary Bill of Rights Journal

No abstract provided.


Discussing Privacy In Sec Subpoena Practice After Carpenter V. United States, William A. Ballentine 2021 Chicago-Kent College of Law

Discussing Privacy In Sec Subpoena Practice After Carpenter V. United States, William A. Ballentine

Chicago-Kent Law Review

No abstract provided.


Bipa: What Does It Stand For?, Paige Smith 2021 Chicago-Kent College of Law

Bipa: What Does It Stand For?, Paige Smith

Chicago-Kent Law Review

No abstract provided.


Sharing More Than You Thought: Facebook Cannot Assert The Party Exception To Avoid Liability Under The Wiretap Act, Emily A. Jordan 2021 Boston College Law School

Sharing More Than You Thought: Facebook Cannot Assert The Party Exception To Avoid Liability Under The Wiretap Act, Emily A. Jordan

Boston College Law Review

On April 9, 2020, the United States Court of Appeals for the Ninth Circuit, in Davis v. Facebook, Inc. (In re Facebook), held that unauthorized third parties receiving simultaneous, direct copies of a party’s communication do not fall within the scope of the Party Exception of the Wiretap Act, 18 U.S.C. § 2510–2523. In doing so, the Ninth Circuit, based its holding on the legislative history and purpose of the Wiretap Act and reasoned that the Party Exception requires a narrow construction. Further, it held that to interpret the exception as inclusive of actors like Facebook risks ...


The Privacy Cost Of Currency, Karin Thrasher 2021 University of Michigan Law School

The Privacy Cost Of Currency, Karin Thrasher

Michigan Journal of International Law

Banknotes, or cash, can be used continuously by any person for nearly every transaction and provide anonymity for the parties. However, as digitization increases, the role and form of money is changing. In response to pressure produced by the increase in new forms of money and the potential for a cashless society, states are exploring potential substitutes to cash. Governments have begun to investigate the intersection of digitization and fiat currency: Central Bank Digital Currencies (“CBDC”).

States have begun researching and developing CBDCs to serve in lieu of cash. Central banks are analyzing the potential for a CBDC that could ...


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