Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability,
2017
Brooklyn Law School
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Brooklyn Law Review
This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access are …
“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations,
2017
Brooklyn Law School
“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan
Brooklyn Law Review
The Federal Aviation Administration’s (FAA) recent promulgation of civilian drone regulations triggered the growth of a new consumer industry. As this industry grows, so do the privacy threats it presents. Drones with advanced technological capabilities can record and store a wide range of data, without the consent of the data’s source. Privileged information captured by drones—whether for innocent purposes or not—is in turn vulnerable to misappropriation, as civilian drones are far from hack-proof. Despite the likely privacy implications of large-scale drone legalization, the FAA’s new regulations do not include any privacy protections. This note provides a criticism of the FAA’s …
Wearables And Personal Health Data: Putting A Premium On Your Privacy,
2017
Brooklyn Law School
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Brooklyn Law Review
Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy, particularly …
Reevaluating Attorney-Client Privilege In The Age Of Hackers,
2017
Brooklyn Law School
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Brooklyn Law Review
The news story is now familiar: hackers breach a security system and post internal, confidential information online for anyone with an Internet connection to comb through. This digital version of whistleblowing, called “hacktivism,” is attractive to the media, which has leaned on broad First Amendment protections to widely cover the confidential communications revealed by hackers. These hacks also provide attorneys with enticing opportunities to look through previously confidential files. But as ethics and evidentiary rules stand, it is not clear if an attorney may view the files, let alone use them as evidence in litigation. That companies are hacked is …
Democratic Surveillance,
2017
University of Miami School of Law
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans,
2017
Berkman Klein Center for Internet & Society at Harvard University
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick
All Faculty Scholarship
This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …
The Price Of Free Mobile Apps Under The Video Privacy Protection Act,
2017
Washington College of Law
The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel
American University Business Law Review
No abstract provided.
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo,
2017
American University Washington College of Law
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh
American University Law Review
No abstract provided.
The Criminal Justice Black Box,
2017
Florida State University College of Law
The Criminal Justice Black Box, Samuel R. Wiseman
Scholarly Publications
"Big data "-- the collection and statistical analysis of numerous digital data points -- has transformed the commercial and policy realms, changing firms' understanding of consumer behavior and improving problems ranging from traffic congestion to drug interactions. In the criminal justice field, police now use data from widely dispersed monitoring equipment, crime databases, and statistical analysis to predict where and when crimes will occur, and police body cameras have the potential to both provide key evidence and reduce misconduct. But in many jurisdictions, digital access to basic criminal court records remains surprisingly limited, and, in contrast to the civil context, …
The Prisonization Of America's Public Schools,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Prisonization Of America's Public Schools, Maryam Ahranjani
Scholarly Works
No abstract provided.
Teaching The Hipaa Privacy Rule,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Teaching The Hipaa Privacy Rule, Stacey A. Tovino
Scholarly Works
Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include, but certainly are not limited to, a final rule published on January 25, 2013, governing the use and disclosure of protected health information by covered entities and their business associates (the …
The Law And Policy Of People Analytics,
2017
University of Colorado Law School
The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mccormick, Jintong Tang
University of Colorado Law Review
No abstract provided.
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims,
2017
Loyola Law School, Los Angeles
The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian
Loyola of Los Angeles Law Review
No abstract provided.
Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies,
2017
Loyola Law School, Los Angeles
Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies, Candice Gliksberg
Loyola of Los Angeles Law Review
No abstract provided.
Privacy, Vulnerability, And Affordance,
2017
University of Washington
Privacy, Vulnerability, And Affordance, Ryan Calo
Articles
This essay begins to unpack the complex, sometimes contradictory relationship between privacy and vulnerability. I begin by exploring how the law conceives of vulnerability — essentially, as a binary status meriting special consideration where present. Recent literature recognizes vulnerability not as a status but as a state — a dynamic and manipulable condition that everyone experiences to different degrees and at different times. I then discuss various ways in which vulnerability and privacy intersect. I introduce an analytic distinction between vulnerability rendering, i.e., making a person more vulnerable, and the exploitation of vulnerability whether manufactured or native. I also describe …
After The Gold Rush: The Boom Of The Internet Of Things, And The Busts Of Data-Security And Privacy,
2017
Judicial Law Clerk, Central District of California
After The Gold Rush: The Boom Of The Internet Of Things, And The Busts Of Data-Security And Privacy, Dalmacio V. Posadas Jr.
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article addresses the impact that the lack of oversight of the Internet of Things has on digital privacy. While the Internet of Things is but one vehicle for technological innovation, it has created a broad glimpse into domestic life, thus triggering several privacy issues that the law is attempting to keep pace with. What the Internet of Things can reveal is beyond the control of the individual, as it collects information about every practical aspect of an individual’s life, and provides essentially unfettered access into the mind of its users. This Article proposes that the federal government and the …
Keeping Up With New Legal Titles,
2017
University of Kentucky College of Law
Keeping Up With New Legal Titles, Franklin L. Runge
Law Faculty Scholarly Articles
In this book review, Franklin L. Runge discusses The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (2016) by Laura K. Donohue.
Little Things And Big Challenges: Information Privacy And The Internet Of Things,
2017
American University Washington College of Law
Little Things And Big Challenges: Information Privacy And The Internet Of Things, Hillary Brill, Scott Jones
American University Law Review
The Internet of Things (loT), the wireless connection of devices to ourselves, each other, and the Internet, has transformed our lives and our society in unimaginable ways. Today, billions of electronic devices and sensors collect, store, and analyze personal information from how fast we drive, to how fast our hearts beat, to how much and what we watch on TV. Even children provide billions of bits of personal information to the cloud through "smart" toys that capture images, recognize voices, and more. The unprecedented and unbridled new information flow generated from the little things of the loT is creating big …
Sharenting: Children's Privacy In The Age Of Social Media,
2017
University of Florida Levin College of Law
Sharenting: Children's Privacy In The Age Of Social Media, Stacey B. Steinberg
UF Law Faculty Publications
Through sharenting, or online sharing about parenting, parents now shape their children’s digital identity long before these young people open their first email. The disclosures parents make online are sure to follow their children into adulthood. Indeed, social media and blogging have dramatically changed the landscape facing today’s children as they come of age.
Children have an interest in privacy. Yet a parent’s right to control the upbringing of his or her children and a parent’s right to free speech may trump this interest. When parents share information about their children online, they do so without their children’s consent. These …
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport,
2017
Marquette University Law School
Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham
Marquette Sports Law Review
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