Privacy Law Commons^™

Crisis On Impact: Responding To Cyber Attacks On Critical Information Infrastructures, 30 J. Marshall J. Info. Tech. & Privacy L. 31 (2013), Eugenia Georgiades, William Caelli, Sharon Christensen, W.D. Duncan

UIC John Marshall Journal of Information Technology & Privacy Law

In the developing digital economy, the notion of traditional attack on enterprises of national significance or interest has transcended into different modes of electronic attack, surpassing accepted traditional forms of physical attack upon a target. The terrorist attacks that took place in the United States on September 11, 2001 demonstrated the physical devastation that could occur if any nation were the target of a large-scale terrorist attack. Therefore, there is a need to protect critical national infrastructure and critical information infrastructure. In particular, this protection is crucial for the proper functioning of a modern society and for a government to …

Why Arthur Goldberg Cared So Much About Privacy, 30 J. Marshall J. Info. Tech. & Privacy L. 67 (2013), David Stebenne

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

How Far Can The Government’S Hand Reach Inside Your Personal Inbox?: Problems With The Sca, 30 J. Marshall J. Info. Tech. & Privacy L.75 (2013), Dana T. Benedetti

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …

Prism And The European Union’S Data Protection Directive, 30 J. Marshall J. Info. Tech. & Privacy L. 227 (2013), Liane Colonna

UIC John Marshall Journal of Information Technology & Privacy Law

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The Lemons Problem In Crowdfunding, 30 J. Marshall J. Info. Tech. & Privacy L. 253 (2013), Gmeleen Faye Tomboc

UIC John Marshall Journal of Information Technology & Privacy Law

Crowdfunding, an offshoot of crowdsourcing, is being touted as an alternative to traditional sources of financing for small businesses. Despite all its promise, crowdfunding is not without potential problems. To the extent feasible, these possible issues must be anticipated well in advance so that crowdfunding can fulfill its goal of democratizing access to capital.

This paper explores how asymmetrical information in the crowd-funding market can lead to a lemons problem, where high quality start-ups are driven out of the market by low quality projects. Understanding how the lemons problem can arise is critical in determining what reforms are needed to …

Sometimes I Feel Like Somebody’S Watching Me . . . Read?: A Comment On The Need For Heightened Privacy Rights For Consumers Of Ebooks, 30 J. Marshall J. Info. Tech. & Privacy L. 281 (2013), Meredith Mays Espino

UIC John Marshall Journal of Information Technology & Privacy Law

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My Life Is Not My Own: Do Criminal Arrestees’ Privacy Interests In Mug Shots Outweigh Public’S Desire For Disclosure?, 30 J. Marshall J. Computer & Info. L. 307 (2013), Jocelyn Watkins

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 30 J. Marshall J. Computer & Info. L. 339 (2013), Dana Benedetti, Daniel Johnson, Kalli Kling, Samantha Levin, Zayna Nubani, Pamela Szelung

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 30 J. Marshall J. Computer & Info. L. 373 (2013), Eliana Albelbaisi, Robert Koehl, Todd Smith

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 30 J. Marshall J. Computer & Info. L. 403 (2013), Samuel Bragg, Leslie Brockhoeft, Matthew Vinson

UIC John Marshall Journal of Information Technology & Privacy Law

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The Fourth Amendment In The Information Age, Ricardo J. Bascuas

Articles

In 2013, the Supreme Court tacitly conceded that the expectations-of-privacy test used since 1967 to assess claims of Fourth Amendment violations was inadequate. It asserted that the previous property-based test for Fourth Amendment violations had never despite widespread agreement to the contrary been overruled. The Court compounded its artfulness by applying a new, significantly weaker trespass test that, like the expectations-of-privacy test, enjoys no legal pedigree. This new trespass test, which is to be applied together with the expectations-of-privacy test, suffers from the same defect as the test it purportedly supplements. It does not require the government to respect private …

Anonymous Speech On The Internet, In Amateur Media: Social, Cultural And Legal Perspectives (Dan Hunter Et Al. Eds., 2013), Brian C. Murchison

Books and Chapters

The U.S. legal community is engaged in a serious but inconclusive dialogue on issues relating to anonymous speech on the Internet. To be sure, several basic questions relevant to Internet speech have been settled: in a 1997 case; the Supreme Court determined that strict scrutiny applies to Internet content regulation, and in a 1995 case, the Court recognized a First Amendment right of anonymous speech. Yet the 1995 case did not arise in an Internet setting, and the scope of expressive freedom in certain Internet scenarios remains disputed. Over the past ten years, courts and commentators have grappled with anonymous …

Taming The Golden Goose: Private Companies, Consumer Geolocation Data, And The Need For A Class Action Regime For Privacy Protection, Timothy J. Van Hal

Vanderbilt Journal of Entertainment & Technology Law

With the implementation of new geolocation technologies, the boundaries between private versus commercial and secret versus easily ascertainable have vanished. Consumer information that was once very difficult and prohibitively expensive to ascertain, catalogue, and recall is available to companies at the click of a button. Not only that, but the collecting company can share consumer information with other companies even more easily than it can initially collect the information. Today, with the widespread use of smartphone and location-enabled tablet devices, it is possible for location services to determine and plot the location and travel of the device and thereby the …

Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper

UIC Law Review

No abstract provided.

Obscurity By Design, Woodrow Hartzog, Frederic D. Stutzman

Faculty Scholarship

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet — social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature.

This Article proposes that design-based solutions for social technologies benefit from increased attention to user interaction, with a focus on the …

Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels

Michigan Journal of Gender & Law

For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …

Geographically Restricted Streaming Content And Evasion Of Geolocation: The Applicability Of The Copyright Anticircumvention Rules, Jerusha Burnett

Michigan Telecommunications & Technology Law Review

A number of methods currently exist or are being developed to determine where Internet users are located geographically when they access a particular webpage. Yet regardless of the precautions taken by website operators to limit the locations from which they allow access, it is likely that users will find ways to gain access to restricted content. Should the evasion of geolocation constitute circumvention of access controls so that § 1201 of the Digital Millennium Copyright Act ("DMCA") applies? Because location data can properly be considered personally identifiable information ("PII"), this Note argues that § 1201 should not apply absent a …

Symposium Foreword: Privacy Rights And Proactive Investigations: Emerging Constitutional Issues In Law Enforcement, Thiru Vignarajah

University of Baltimore Law Review

No abstract provided.