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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran 2019 University of Miami Law School

Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran

University of Miami Law Review

Although the drafters of the Employee Retirement Income Security Act of 1974 (“ERISA”) likely could not have anticipated the data security issues of the twenty-first century, ERISA’s duty of prudence almost certainly requires employee benefit plan fiduciaries to protect sensitive participant data in at least some manner. This Article suggests the Department of Labor should issue a regulation clarifying fiduciaries’ data security obligations. Given that fiduciaries are in the best positions to recognize their plans’ individual security needs and capabilities, the regulation should not attempt to micromanage fiduciaries’ substantive data security policies; rather, it should focus on the procedures ...


The Privacy Hierarchy: A Comparative Analysis Of The Intimate Privacy Protection Act Vs. The Geolocational Privacy And Surveillance Act, Katherine A. Mitchell 2019 University of Miami Law School

The Privacy Hierarchy: A Comparative Analysis Of The Intimate Privacy Protection Act Vs. The Geolocational Privacy And Surveillance Act, Katherine A. Mitchell

University of Miami Law Review

The advent of the technological boom brought the world smartphones, social media, and Siri. These novel benefits, however, were accompanied by unchartered invasions of privacy. Congress has embarked on the seemingly endless path of protecting its constituents through civil and criminal legislation aimed at combatting such invasions. Two recent examples include the Intimate Privacy Protection Act (“IPPA”) and the Geolocational Privacy and Surveillance Act (“GPS Act”). Nonetheless, the IPPA, which was proposed to criminalize the dissemination of nonconsensual pornography, has garnered much less support—and much more criticism—than its geolocational counterpart.

This Note discusses the striking similarities of both ...


Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine 2019 University of Miami Law School

Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine

University of Miami Law Review

In 2009, the Indian government introduced a widespread biometric identification system called Aadhaar—a national scheme that issues Indian citizens and residents a unique identification number while collecting and storing their most personal biometric and demographic information. As the Aadhaar system was implemented and promoted in India, widespread concerns grew regarding the storage and protection of such private information. How can Indian citizens enforce and protect their privacy rights? In 2017, the Indian Supreme Court attempted to address this issue by holding that an individual’s right to privacy is an inherent part of the right to life and personal ...


Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon 2019 Fordham University

Privacy In Gaming, N. Cameron Russell, Joel R. Reidenberg, Sumyung Moon

Fordham Intellectual Property, Media and Entertainment Law Journal

Video game platforms and business models are increasingly built on collection, use, and sharing of personal information for purposes of both functionality and revenue. This paper examines privacy issues and explores data practices, technical specifications, and policy statements of the most popular games and gaming platforms to provide an overview of the current privacy legal landscape for mobile gaming, console gaming, and virtual reality devices. The research observes how modern gaming aligns with information privacy notions and norms and how data practices and technologies specific to gaming may affect users and, in particular, child gamers.

After objectively selecting and analyzing ...


Big Data Discrimination: Maintaining Protection Of Individual Privacy Without Disincentivizing Businesses’ Use Of Biometric Data To Enhance Security, Lauren Stewart 2019 Boston College Law School

Big Data Discrimination: Maintaining Protection Of Individual Privacy Without Disincentivizing Businesses’ Use Of Biometric Data To Enhance Security, Lauren Stewart

Boston College Law Review

Biometric identification technology is playing an increasingly significant role in the lives of consumers in the United States today. Despite the benefits of increased data security and ease of consumer access to businesses’ services, lack of widespread biometric data regulation creates the potential for commercial misuse. Of particular concern is the use of biometric data by businesses, such as those within the data broker industry, to enable opaque discrimination against consumers. Although some states, such as Illinois, Texas, and Washington, have adopted comprehensive biometric data regulation statutes, the statutes do not offer a consistent approach. This Note argues that Congress ...


Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media, Frank E. Langan 2019 University of St. Thomas, Minnesota

Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media, Frank E. Langan

University of St. Thomas Law Journal

No abstract provided.


Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick 2019 University of Pennsylvania Law School

Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick

Faculty Scholarship at Penn Law

Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.

This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews ...


Predictability For Privacy In Data Driven Government, Jordan Blanke, Janine Hiller 2019 Mercer University

Predictability For Privacy In Data Driven Government, Jordan Blanke, Janine Hiller

Minnesota Journal of Law, Science & Technology

No abstract provided.


Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris 2019 Duke Law

Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris

Duke Law & Technology Review

It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called “deepfakes,” use artificial intelligence software to impose a person’s face onto another person’s body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals—like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting ...


Data Scraping As A Cause Of Action: Limiting Use Of The Cfaa And Trespass In Online Copying Cases, Kathleen C. Riley 2019 Fordham University School of Law

Data Scraping As A Cause Of Action: Limiting Use Of The Cfaa And Trespass In Online Copying Cases, Kathleen C. Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, online platforms have used claims such as the Computer Fraud and Abuse Act (“CFAA”) and trespass to curb data scraping, or copying of web content accomplished using robots or web crawlers. However, as the term “data scraping” implies, the content typically copied is data or information that is not protected by intellectual property law, and the means by which the copying occurs is not considered to be hacking. Trespass and the CFAA are both concerned with authorization, but in data scraping cases, these torts are used in such a way that implies that real property norms exist ...


A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc 2018 University of Miami Law School

A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc

University of Miami International and Comparative Law Review

No abstract provided.


Cybersecurity, Shareholders, And The Boardroom: An Analysis Of Current And Proposed Measures For Protecting Corporate Intellectual Property, Kathryn V. Wymer 2018 University of Georgia School of Law

Cybersecurity, Shareholders, And The Boardroom: An Analysis Of Current And Proposed Measures For Protecting Corporate Intellectual Property, Kathryn V. Wymer

Journal of Intellectual Property Law

No abstract provided.


A Duty To Safeguard: Data Breach Litigation Through A Quasi-Bailment Lens, Miles Christian Skedvold 2018 University of Georgia School of Law

A Duty To Safeguard: Data Breach Litigation Through A Quasi-Bailment Lens, Miles Christian Skedvold

Journal of Intellectual Property Law

No abstract provided.


Privacy Localism, Ira S. Rubinstein 2018 University of Washington School of Law

Privacy Localism, Ira S. Rubinstein

Washington Law Review

Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level (which it dubs “privacy localism”), using recently enacted privacy laws in Seattle and New York City as principal examples. Further, this Article attributes the rise of privacy localism to a combination of federal and state legislative failures and three emerging urban trends: the role of local police in federal counterterrorism efforts; smart city and open data initiatives; and demands for local police reform in the wake of widely reported abusive ...


Privacy's Double Standards, Scott Skinner-Thompson 2018 University of Washington School of Law

Privacy's Double Standards, Scott Skinner-Thompson

Washington Law Review

Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections. This Article unearths disparate outcomes in public disclosure tort ...


Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. McGuire 2018 Duke Law

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate ...


Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish 2018 Indiana University Maurer School of Law

Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish

Austen Parrish (2014-)

A recent Bureau of Labor Statistics report estimated a near 30 percent growth in coming years for information security professionals, far outpacing most other job types. While Indiana University has long recognized the importance of data security and privacy, multiple new initiatives are ensuring that the next generation of chief information security officers, systems analysts, privacy professionals and others will come from our law school.

One of the ways the law school is leading the way is through the university’s new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s ...


Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal 2018 Roger Williams University

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.


Clark Cty. Sch. Dist. V. Las Vegas Review Journal, Nev. Adv. Op. 84 (Oct. 25, 2018) (En Banc), Edgar Cervantes 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Clark Cty. Sch. Dist. V. Las Vegas Review Journal, Nev. Adv. Op. 84 (Oct. 25, 2018) (En Banc), Edgar Cervantes

Nevada Supreme Court Summaries

The Court determined that the interest of individuals who participate in an internal investigation by a state agency regarding the inappropriate behavior of an elected official should be considered before publishing their identity or identifying information on public records. The Court adopted the Cameranesi test to determine the scope of redactions of names of persons identified in an investigative report with nontrivial privacy claims.


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