Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States,
2014
Debevoise & Plimpton
Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby
Georgia Journal of International & Comparative Law
No abstract provided.
Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights,
2014
University of Georgia School of Law
Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole
Georgia Journal of International & Comparative Law
No abstract provided.
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs,
2014
West Virginia University School of Law
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment,
2014
Washington and Lee University School of Law
Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt,
2014
Alexander Blewett III School of Law at the University of Montana
Doctor, Doctor, Mr. M.D.: Dr./Patient Privilege In Mt, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act,
2014
Singapore Management University
The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act, Warren B. Chik, Keep Ying Joey Pang
Research Collection Yong Pung How School Of Law
It is important to examine and determine the meaning of “personal data” as it is the subject matter of the Singapore Data Protection regime. What constitutes “personal data” determines the scope of the Personal Data Protection Act. Although it is defined under the Act, the experience in other jurisdictions has shown that the elements of that (and other forms of ) definition can still give rise to some difficulty in its application to specific cases. In this paper, the authors aim to provide some guidance and recommendations for the interpretation of “personal data” within the context of legislative intent and …
Panvasive Surveillance, Political Process Theory And The Nondelegation Doctrine,
2014
Vanderbilt University Law School
Panvasive Surveillance, Political Process Theory And The Nondelegation Doctrine, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Using the rise of the surveillance state as its springboard, this Article makes a new case for the application of administrative law principles to law enforcement. It goes beyond asserting, as scholars of the 1970s did, that law enforcement should develop the types of rules that govern other executive agencies, by showing how the imperative of administrative regulation flows from a version of John Hart Ely's political process theory and principles derived from the closely associated nondelegation doctrine. Part I introduces the notion of panvasive law enforcement-large-scale police actions that are not based on individualized suspicion-and exposes the incoherence of …
The Pclob On Human Rights & 702: Punt Or Long Game?,
2014
Roger Williams University School of Law
The Pclob On Human Rights & 702: Punt Or Long Game?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Criminalizing Revenge Porn,
2014
Boston University School of Law
Criminalizing Revenge Porn, Danielle K. Citron, Mary Anne Franks
Faculty Scholarship
Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?,
2014
Salve Regina University
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas
Faculty and Staff - Articles & Papers
This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated …
Cause To Believe What? The Importance Of Defining A Search's Object--Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program,
2014
Vanderbilt University Law School
Cause To Believe What? The Importance Of Defining A Search's Object--Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the mere evidence rule in the 1960s, however, they have rarely examined how these central Fourth Amendment concepts interact with the object of the search. That is unfortunate, because this interaction can have significant consequences. For instance, probable cause to believe that a search might lead to evidence of wrongdoing triggers a very different inquiry than probable cause to believe that a search will produce evidence of criminal activity. The failure to address the constraints that should be imposed on …
Deconstructing The Relationship Between Privacy And Security [Viewpoint],
2014
Boston University School of Law
Deconstructing The Relationship Between Privacy And Security [Viewpoint], Gregory Conti, Lisa A. Shay, Woodrow Hartzog
Faculty Scholarship
From a government or law-enforcement perspective, one common model of privacy and security postulates that security and privacy are opposite ends of a single continuum. While this model has appealing properties, it is overly simplistic. The relationship between privacy and security is not a binary operation in which one can be traded for the other until a balance is found. One fallacy common in privacy and security discourse is that trade-offs are effective or even necessary. Consider the remarks of New York Police Department Commissioner Ray Kelly shortly after the Boston Marathon bombing, “I'm a major proponent of cameras. I …
Online Harassment, Defamation, And Hateful Speech: A Primer Of The Legal Landscape,
2014
Fordham University
Online Harassment, Defamation, And Hateful Speech: A Primer Of The Legal Landscape, Alice E. Marwick, Ross Miller
Center on Law and Information Policy
This interdisciplinary project focused on online speech directed at women and seeks to provide a primer on (i) what legal remedies, if any, are available for victims of sexist, misogynist, or harassing online speech, and (ii) if such legal remedies and procedures exist, whether practical hurdles stand in the way of victims’ abilities to stop harassing or defamatory behavior and to obtain legal relief. The study concluded that while online harassment and hateful speech is a significant problem, there are few legal remedies for victims. This is partly due to issues of jurisdiction and anonymity, partly due to the protection …
A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China,
2014
University of Georgia School of Law
A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng
Georgia Journal of International & Comparative Law
No abstract provided.
Protecting A Celebrity’S Child From Harassment: Is California’S Amendment Penal Code § 11414 Too Vague To Be Constitutional?,
2014
Pace University School of Law
Protecting A Celebrity’S Child From Harassment: Is California’S Amendment Penal Code § 11414 Too Vague To Be Constitutional?, Michelle N. Robinson
Pace Intellectual Property, Sports & Entertainment Law Forum
This Note will describe a brief history of the legal attempts to restrict the paparazzi and the legislative history behind A.B. 3592 and its amendment, S.B. 606. The bills are controversial and have received a significant amount of criticism, due to the fact that they restrict speech by essentially prohibiting paparazzi, known for their harassing behavior, from taking pictures of the children of celebrities. The Note will conclude with an analysis utilizing the void-for-vagueness doctrine of whether the bill is in violation of the First Amendment.
The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy,
2014
Brigham Young University Law School
The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown
Brigham Young University Education and Law Journal
No abstract provided.
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe,
2014
Schulich School of Law, Dalhousie University
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Canadian Journal of Law and Technology
This article examines the Voltage decision, with the view that the bona fide standard safeguards intellectual property rights at the cost of online privacy rights and will proceed in three parts. Part I provides a brief contextualization of the issues. Part II is an analysis of the Voltage decision. Part III examines how the bona fide standard is a relatively low threshold. This article concludes by considering the possibility of shifting to a higher standard for disclosure, as well as a possible solution for the effect that a higher standard could have on copyright owners.
Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank,
2014
Schulich School of Law, Dalhousie University
Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, Amy Conroy
Canadian Journal of Law and Technology
This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending …
With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods,
2014
Schulich School of Law, Dalhousie University
With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods, J. Bruce Richardson
Canadian Journal of Law and Technology
This article will explain the current avenues for intellectual property rights holders to make use of existing anti-counterfeiting policies made available by financial companies dealing in electronic payments, and argue that current policies, while helpful, are not sufficient. The article will conclude by demonstrating that policy makers have options to intervene and regulate the use of online payment services, either directly through legislation or indirectly through facilitating “best practices.”
The Song Remains The Same: Preserving The First Sale Doctrine For A Secondary Market Of Digital Music,
2014
Schulich School of Law, Dalhousie University
The Song Remains The Same: Preserving The First Sale Doctrine For A Secondary Market Of Digital Music, Marco Figliomeni
Canadian Journal of Law and Technology
This article will explore the origins and rationale for the first sale doctrine. A review of the most recent American case law shows the court rejecting the doctrine’s applicability in a digital sphere. I suggest that in spite of the court’s rigid interpretation of the U.S. Copyright Act, formulating a digital first sale doctrine is a matter better left to lawmakers. A flourishing digital secondary market can promote competition and innovation while making content more accessible to the public, but its endorsement requires an appreciation of its adverse effect on the primary market for copyright owners. The article fast-forwards to …
