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4,650 full-text articles. Page 112 of 156.

Trending @ Rwu Law: Professor David Coombs's Post: Veterans Court's Decision Will Affect Rwu Law's Veterans Disability Field Clinic: 02-24-2016, David Coombs 2016 Roger Williams University School of Law

Trending @ Rwu Law: Professor David Coombs's Post: Veterans Court's Decision Will Affect Rwu Law's Veterans Disability Field Clinic: 02-24-2016, David Coombs

Law School Blogs

No abstract provided.


Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce 2016 William & Mary Law School

Shifting Data Breach Liability: A Congressional Approach, Justin C. Pierce

William & Mary Law Review

No abstract provided.


Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Weathering The Nest: Privacy Implications Of Home Monitoring For The Aging American Population, Jillisa Bronfman 2016 Duke Law

Weathering The Nest: Privacy Implications Of Home Monitoring For The Aging American Population, Jillisa Bronfman

Duke Law & Technology Review

The research in this paper will seek to ascertain the extent of personal data entry and collection required to enjoy at least the minimal promised benefits of distributed intelligence and monitoring in the home. Particular attention will be given to the abilities and sensitivities of the population most likely to need these devices, notably the elderly and disabled. The paper will then evaluate whether existing legal limitations on the collection, maintenance, and use of such data are applicable to devices currently in use in the home environment and whether such regulations effectively protect privacy. Finally, given appropriate policy parameters, the …


Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian 2016 Pepperdine University

Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian

Pepperdine Law Review

The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In order to protect …


Privacy And Markets: A Love Story, Ryan Calo 2016 University of Washington School of Law

Privacy And Markets: A Love Story, Ryan Calo

Notre Dame Law Review

After defining terms, Part I lays out the law and economics case against privacy, including its basis in economic thought more generally. Part II canvasses the literature responding to economic skepticism in the privacy law literature. Some scholars mount an insider critique, accepting the basic tenets of economics but suggesting that privacy actually increases efficiency in some contexts, or else noting that markets themselves will yield privacy under the right conditions. Others critique economic thinking from the outside. Markets “unravel” privacy by penalizing it, degrade privacy by treating it as just another commodity, or otherwise interfere with the values or …


The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Robert H. Sloan, Richard Warner 2016 University of Illinois at Chicago

The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Robert H. Sloan, Richard Warner

Minnesota Journal of Law, Science & Technology

No abstract provided.


Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz 2016 Florida State University College of Law

Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz

Scholarly Publications

This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …


Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero 2016 University of Miami Law School

Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero

University of Miami Law Review

The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos. Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alternative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images …


Security And Privacy Must Not Be Traded Off Against Each Other, Tan K. B. EUGENE 2016 Singapore Management University

Security And Privacy Must Not Be Traded Off Against Each Other, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Last week, a United States federal judge ordered Apple to assist the Federal Bureau of Investigation to gain entry into an encrypted iPhone used by Syed Rizwan Farook to know where Farook and his wife had been and who had helped them in their terrorist act last December. Farook and his wife shot and killed 14 people in San Bernardino, California, before the police killed them.


Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer 2016 IIT Chicago-Kent College of Law

Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer

Chicago-Kent Law Review

This Note explores the constitutional implications of the use of a device known as the “Stingray” in criminal investigations. This device masquerades as a cell phone tower and forces all cell phones within a considerable range to connect to it, transmitting data and allowing law enforcement to ascertain the location of each cell phone. The use of Stingrays raises important Fourth Amendment concerns that have been brought to light most significantly by the 2008 federal prosecution of Daniel Rigmaiden. This Note argues that Stingray use constitutes a Fourth Amendment search and that a new standard of warrant requirements is needed …


Riley V. California And The Stickiness Principle, Steven I. Friedland 2016 Duke Law

Riley V. California And The Stickiness Principle, Steven I. Friedland

Duke Law & Technology Review

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …


I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert Sloan 2016 Chicago-Kent College of Law

I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert Sloan

All Faculty Scholarship

No abstract provided.


Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso 2016 University of Maryland Francis King Carey School of Law

Small Companies, Big Breaches: Why Current Data Protection Laws Fail American Consumers In Cases Of Third-Party Hacking, Kaylie Gioioso

Proxy

No abstract provided.


Une Nouvelle Course Aux Armements: Surveillance Des Donnees Informatiques Et Finance Dematerialisee (Big Data, Digital Finance, And The Surveillance Arms Race), Frank A. Pasquale 2016 University of Maryland Francis King Carey School of Law

Une Nouvelle Course Aux Armements: Surveillance Des Donnees Informatiques Et Finance Dematerialisee (Big Data, Digital Finance, And The Surveillance Arms Race), Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro 2016 Goethe-Universität

The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro

Scholarly Articles

The authors, all data protection experts, discuss the status of the relevant data protection regulatory framework on profiling in the business sector in sev eral countries worldwide, from the constitutional level to some individual regulation including the general attitude towards the topic. The EU perspective is presented on the basis of the present directives as well as the General Data Protection Regulation. The United Kingdom, Germany and France, as three of the largest EU Member States with partly highly differing regulatory approaches represent Member State law. Australia, Brazil and the US regulation exemplify the different integration of data protection standards …


Community Economic Development, Legal Clinic Program 2016 Florida A&M University College of Law

Community Economic Development, Legal Clinic Program

Course Descriptions and Information

This clinic emphasizes transactional practice skills. This clinic provides short term counseling in a broad range of small business matters such as corporations, limited liability companies, partnerships, intellectual property, copyright, trademark, privacy law, nonprofit organizations, art groups as well as the legal requirements for starting a small business. Students provide direct legal assistance, counseling, representation, community legal education, and informational materials to new and mature for-profit and non-profit organizations, individuals and community groups seeking to better the economic, social, equitable and cultural well-being of low income communities.


The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron 2016 University of Maryland School of Law

The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron

Faculty Scholarship

No abstract provided.


Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank 2016 University of Cincinnati College of Law

Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank

Faculty Articles and Other Publications

In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …


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