Privacy Law Commons^™

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …

The Data Surveillance State In Europe And The United States, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

Silence Is Golden ... Except In Health Care Philanthropy, Stacey A. Tovino

Faculty Articles

No abstract provided.

Redefining Genomic Privacy: Trust And Empowerment, Yaniv Erlich, James B. Williams, David Glazer, Kenneth Yocum, Nita A. Farahany, Maynard Olson, Arvind Narayanan, Lincoln D. Stein, Jan A. Witkowski, Robert C. Kain

Faculty Scholarship

Fulfilling the promise of the genetic revolution requires the analysis of large datasets containing information from thousands to millions of participants. However, sharing human genomic data requires protecting subjects from potential harm. Current models rely on de-identification techniques in which privacy versus data utility becomes a zero-sum game. Instead, we propose the use of trust-enabling techniques to create a solution in which researchers and participants both win. To do so we introduce three principles that facilitate trust in genetic research and outline one possible framework built upon those principles. Our hope is that such trust-centric frameworks provide a sustainable solution …

Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry

Kentucky Law Journal

In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …

The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton

Kentucky Law Journal

In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyber law community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital "right to be forgotten." The search results in question related to a mortgage sale of property in a …

Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain

Faculty Scholarship

Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whether transactional noncontent data should be shared with third parties, including law enforcement officials. This uncertainty about how to define public expectation as a descriptive matter has compelled courts to defer to legislatures to find out what public expectation ought to be more as a matter of prudence than doctrine. Courts and others presume that legislatures are far better than courts at defining public expectations about emergent technologies.This Essay argues that the reasonable …

Privacy In Public, Joel R. Reidenberg

Faculty Scholarship

As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay addresses a key conceptual problem in US privacy law identified by Justice Sotomayor in U.S. v. Jones and by Justice Scalia in Kyllo v. U.S.; namely that technological capabilities undermine the meaning of the third-party doctrine and the 4th Amendment's ‘reasonable expectation of privacy’ standard. The essay argues that the conceptual problem derives from the evolution of three stages of development …

Fool's Gold: An Illustrated Critique Of Differential Privacy, Jane Bambauer, Krishnamurty Muralidhar, Rathindra Sarathy

Vanderbilt Journal of Entertainment & Technology Law

Differential privacy has taken the privacy community by storm. Computer scientists developed this technique to allow researchers to submit queries to databases without being able to glean sensitive information about the individuals described in the data. Legal scholars champion differential privacy as a practical solution to the competing interests in research and confidentiality, and policymakers are poised to adopt it as the gold standard for data privacy. It would be a disastrous mistake. This Article provides an illustrated guide to the virtues and pitfalls of differential privacy. While the technique is suitable for a narrow set of research uses, the …

Ubiquitous Privacy, Thomas P. Crocker

Oklahoma Law Review

No abstract provided.

Light In The Darkness: How The Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald

Oklahoma Law Review

No abstract provided.

The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray

Oklahoma Law Review

No abstract provided.

Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies

Law Faculty Scholarship

This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate

Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies

Law Faculty Scholarship

No abstract provided.

From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother,” the State extends its reach into women’s decision-making throughout their reproductive lifetime.

This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …

Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin

Seattle Journal for Social Justice

No abstract provided.

The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro

Michigan Journal of Race and Law

This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a constitutionally protected …

From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas

Journal Articles

No abstract provided.

An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox

Notre Dame Law Review

This Note argues that, for the most part, open-file discovery proponents fail to recognize the added burden that defense counsel would face under a regime in which all items of the prosecution’s evidence are available for investigation by the defense. This is particularly true in the eighty to ninety percent of criminal cases where the defendant is indigent, and the court appointed defense counsel is operating under strict resource constraints.

This Note also argues that advocates of open-file discovery fail to recognize that in the majority of cases involving prosecutorial misconduct, the prosecutor’s intentional wrongdoing will be sufficient to overshadow …

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.