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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.


“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 ...


Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez 2021 St. Mary's University School of Law

Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez

St. Mary's Law Journal

Abstract forthcoming.


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 ...


Emergent Medical Data: Health Information Inferred By Artificial Intelligence, Mason Marks 2021 University of California, Irvine School of Law

Emergent Medical Data: Health Information Inferred By Artificial Intelligence, Mason Marks

UC Irvine Law Review

Artificial intelligence (AI) can infer health data from people’s behavior even when their behavior has no apparent connection to their health. AI can monitor one’s location to track the spread of infectious disease, scrutinize retail purchases to identify pregnant customers, and analyze social media to predict who might attempt suicide. These feats are possible because, in modern societies, people continuously interact with internet-enabled software and devices. Smartphones, wearables, and online platforms monitor people’s actions and produce digital traces, the electronic remnants of their behavior.

In their raw form, digital traces might not be very interesting or useful ...


Overruling Roe V. Wade: Lessons From The Death Penalty, Paul Benjamin Linton 2021 Pepperdine University

Overruling Roe V. Wade: Lessons From The Death Penalty, Paul Benjamin Linton

Pepperdine Law Review

In Furman v. Georgia (1972), the Supreme Court struck down the Georgia and Texas death penalty statutes, thereby calling into question the validity of every other state death penalty statute. In their concurring opinions, Justices Brennan and Marshall expressed the view that, given society’s gradual abandonment of the death penalty, capital punishment violated the Eighth Amendment’s prohibition of “cruel and unusual punishments.” Justice Powell and three other justices dissented, arguing that the Court had misread the state of the law regarding society’s acceptance of the death penalty. Four years after Furman, in a quintet of cases, the ...


Finders Keepers: Who Has Say Over Private Property In Space, Jose A. Martin del Campo 2021 Texas A&M University School of Law

Finders Keepers: Who Has Say Over Private Property In Space, Jose A. Martin Del Campo

Texas A&M Journal of Property Law

Current space law is unclear as to whether private entities may claim possession of resources extracted from their endeavors in outer space. The lack of certainty prevents private entities from entirely investing in infrastructure and capabilities to access new deposits of resources due to the depletion of minerals and resources on Earth. The establishment of a new space regime devoid of non-appropriation principles found in international law is necessary to motivate private entities to invest the capital in extracting and transporting space resources back to Earth. This Comment seeks to understand how the current framework of space law impacts the ...


Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango 2021 The Catholic University of America, Columbus School of Law

Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango

Catholic University Law Review

Technology may be created by humans, but we are dependent on it. Look around you: what technology is near you as you read this abstract? An iPhone? A laptop? Perhaps even an Amazon Echo. What do all these devices have in common? They store data in the cloud. And this data can contain some of our most sensitive information, such as business records or medical documents.

Even if you manage this cloud storage account, the government may be able to search your data without a warrant. Federal law provides little protection for cloud stored data. And the Fourth Amendment may ...


Data Autonomy, Cesare Fracassi, William Magnuson 2021 Texas A&M University School of Law

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all ...


Hacks, Leaks, And Data Dumps: The Right To Publish Illegally Acquired Information Twenty Years After Bartnicki V. Vopper, Erik Ugland, Christina Mazzeo 2021 University of Washington School of Law

Hacks, Leaks, And Data Dumps: The Right To Publish Illegally Acquired Information Twenty Years After Bartnicki V. Vopper, Erik Ugland, Christina Mazzeo

Washington Law Review

This Article addresses a fluid and increasingly salient category of cases involving the First Amendment right to publish information that was hacked, stolen, or illegally leaked by someone else. Twenty years ago, in Bartnicki v. Vopper, the Supreme Court appeared to give broad constitutional cover to journalists and other publishers in these situations, but Justice Stevens’s inexact opinion for the Court and Justice Breyer’s muddling concurrence left the boundaries unclear. The Bartnicki framework is now implicated in dozens of new cases— from the extradition and prosecution of Julian Assange, to Donald Trump’s threatened suit of The New ...


Revising Reasonableness In The Cloud, Ian Walsh 2021 University of Washington School of Law

Revising Reasonableness In The Cloud, Ian Walsh

Washington Law Review

Save everything—just in case––and search for it later. This is a modern mantra fueled by the ubiquity of smartphones, laptops, tablets, and free or low-cost data storage that leads users to store massive amounts of data in the cloud. But when users trust third-party cloud storage providers with private communications, they also surrender Fourth Amendment constitutional certainty. Existing statutory safeguards for these communications are lower than Fourth Amendment warrant and probable cause standards; this permits the government to seize large quantities of users’ private communications stored in the cloud with only minimal justification. Due to the revealing nature ...


Surveillance Capitalism, William Hamilton 2021 University of Florida Levin College of Law

Surveillance Capitalism, William Hamilton

Journal of Technology Law & Policy

In 2019, Harvard Business School Professor Shoshana Zuboff published The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. What I hope to accomplish in this short presentation is to unpack some of the salient themes of this interesting, important book. I believe her book will lend context and urgency to this conference. Her book is a combination of excellent research, journalism, and scholarship. It is also a call, a plea, a supplication. Thus, the sub-title, The Fight for a Human Future at the New Frontier of Power, presages an unrelenting critical study ...


Defending Face-Recognition Technology (And Defending Against It), Henry H. Perritt Jr. 2021 University of Florida Levin College of Law

Defending Face-Recognition Technology (And Defending Against It), Henry H. Perritt Jr.

Journal of Technology Law & Policy

This Article looks beneath the surface of attacks on face-recognition technology and explains how it can be an exceptionally useful tool for law enforcement, complementing traditional forensic evidence such as fingerprints and DNA. It punctures myths about the technology and explains how existing rules of criminal procedure, developed for other kinds of forensic evidence, are readily adaptable to face-recognition. It opposes across-the-board restrictions on use of face-recognition technologies and advocates a more sophisticated set of guarantees of defendant access to the information necessary to probe reliability of computerized face-matches. Defendants must have reasonable access to the details of the technology ...


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