The New World Of Mobile Communication: Redefining The Scope Of Warrantless Cell Phone Searches Incident To Arrest,
2013
Vanderbilt University Law School
The New World Of Mobile Communication: Redefining The Scope Of Warrantless Cell Phone Searches Incident To Arrest, Samuel J.H. Beutler
Vanderbilt Journal of Entertainment & Technology Law
In many jurisdictions, law enforcement officials may conduct a warrantless search of the contents of an arrestee's cell phone incident to an arrest. The judicial precedent for this policy dates back to the early 1990s when courts equated early mobile technology, such as pagers and first generation cell phones, to physical containers capable of storing a limited number of calls or messages. Supreme Court precedent had long permitted the warrantless search of such containers incident to arrest. However, due to advancements in technology, mobile devices, such as smart phones, now have the capacity to hold a larger amount of personal …
"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology,
2013
University of Miami School of Law
"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin
Articles
No abstract provided.
Corporate Cyber-Censorship: The Problems With Freedom Of Expression Online,
2013
Schulich School of Law, Dalhousie University
Corporate Cyber-Censorship: The Problems With Freedom Of Expression Online, Max Rothschild
Canadian Journal of Law and Technology
This article will explore the problem of the applicability of human rights law to the corporate entities that own and enable the operation of the Internet. The focus will be the status of the right to freedom of expression online, and the different possibilities that have been suggested in order to ensure that users have and are able to exercise this right. As the Internet is a communicative tool that allows for an unprecedented global discourse, freedom of expression is naturally of primary importance in the online context.
Prism And Privacy: Will This Change Everything?,
2013
Indiana University Maurer School of Law
Prism And Privacy: Will This Change Everything?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Can't Escape From The Memory: Social Media And Public Sector Labor Law,
2013
CUNY Hunter College
Can't Escape From The Memory: Social Media And Public Sector Labor Law, William A. Herbert
Publications and Research
The Web 2.0 communicative revolution is impacting many fields of law, including labor and employment law. This article focuses upon the application and impact of statutory and constitutional doctrines on the use of social media in public employment in the United States. As part of that analysis, it will compare and contrast developments under the National Labor Relations Act, state collective bargaining and tenure laws and the First Amendment concerning social media. Through this comparative analysis, the article will highlight the distinctions and similarities of public sector labor law and their implications for the future.
Global Governance In The Information Age: The Terrorist Finance Tracking Program,
2013
Texas A&M University School of Law
Global Governance In The Information Age: The Terrorist Finance Tracking Program, Hannah Bloch-Wehba
Faculty Scholarship
Europe has long been deemed "more protective" of privacy than the United States. In the context of transatlantic cooperation in the war on terrorism, divergences in privacy law and policy have become ever more apparent. As has always been the case, the same technologies that pose new and vital privacy issues with regard to personal information and private data are those that are important sources for government actors, including law enforcement and intelligence agencies. Despite the increasing reliance by national agencies on information flowing from other nations, regulation of information transfer, processing and sharing has been achieved largely outside of …
Access Denied: The "Facebook Law" And Illinois' Evolving Workplace Protections,
2013
Loyola University Chicago, School of Law
Access Denied: The "Facebook Law" And Illinois' Evolving Workplace Protections, Steven A. Montalto
Public Interest Law Reporter
No abstract provided.
Back To The Future: United States V Jones Resuscitates Property Law Concepts In Fourth Amendment Jurisprudence,
2013
Forster & Johnson, Attorney-at-Law, LLC
Back To The Future: United States V Jones Resuscitates Property Law Concepts In Fourth Amendment Jurisprudence, Nancy Forster
University of Baltimore Law Review
No abstract provided.
The Attorney-Client Privilege – Selective Compulsion, Selective Waiver And Selective Disclosure: Is Bank Regulation Exceptional?,
2013
Fordham University School of Law
The Attorney-Client Privilege – Selective Compulsion, Selective Waiver And Selective Disclosure: Is Bank Regulation Exceptional?, Bruce A. Green
Faculty Scholarship
This essay examines three ways in which bank regulation has spawned significant exceptions to the ordinary judicial and administrative understanding of the attorney-client privilege. First, federal banking agencies assert that they have the legal authority selectively to compel banks and other financial institutions they supervise to disclose attorney-client privileged information. Second, when banks disclose privileged material to bank regulators, even if voluntarily, banks retain the privilege with respect to third parties pursuant to specific federal statutory authority. Third, under agency policy, once bank regulators obtain privileged information from a bank, whether through compulsion or voluntarily, the regulators reserve the right …
Defining Privacy And Utility In Data Sets,
2013
University of Colorado Law School
Defining Privacy And Utility In Data Sets, Felix T. Wu
University of Colorado Law Review
Is it possible to release useful data while preserving the privacy of the individuals whose information is in the database? This question has been the subject of considerable controversy, particularly in the wake of well-publicized instances in which researchers showed how to re-identify individuals in supposedly anonymous data. Some have argued that privacy and utility are fundamentally incompatible, while others have suggested that simple steps can be taken to achieve both simultaneously. Both sides have looked to the computer science literature for support. What the existing debate has overlooked, however, is that the relationship between privacy and utility depends crucially …
A Private Underworld: The Naked Body In Law And Society,
2013
Stanford Law School
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
Buffalo Law Review
No abstract provided.
Patient Awareness And Approval For An Opt-Out Genomic Biorepository,
2013
Vanderbilt University Law School
Patient Awareness And Approval For An Opt-Out Genomic Biorepository, Ellen Wright Clayton, Kyle B. Brothers, Matthew J. Westbrook, M. Francis Wright, John A. Myers, Daniel R. Morrison, Jennifer L. Madison, Jill M. Pulley
Vanderbilt Law School Faculty Publications
Aim: In this study, we sought to assess patient awareness and perceptions of an opt-out biorepository. Materials & methods: We conducted exit interviews with adult patients and parents of pediatric patients having their blood drawn as part of their clinical care at Vanderbilt University Medical Center (TN, USA). Results: 32.9% of all patients and parents of pediatric patients report having heard of the opt-out biorepository, while 92.4% approve of this research effort based on a brief description. Awareness that leftover blood could be used for research increased among adult patients during the study period, from 34.3 to 50.0%. Conclusion: These …
Location, Location, Location: Balancing Crime Fighting Needs And Privacy Rights,
2013
Criminal Division, U.S. Department of Justice
Location, Location, Location: Balancing Crime Fighting Needs And Privacy Rights, Nancy K. Oliver
University of Baltimore Law Review
No abstract provided.
Preserving Privacy In A Digital Age: Lessons Of Comparative Constitutionalism,
2013
Georgetown University Law Center
Preserving Privacy In A Digital Age: Lessons Of Comparative Constitutionalism, David Cole
Georgetown Law Faculty Publications and Other Works
In the modern age, we increasingly live our lives through, and accompanied by, digital media. Virtually every transaction or communication that uses such media, as well as every move of mobile phone owners, is recorded. Computers are able to store, transmit, and analyze the data as never before, drawing on multiple sources to construct an intimate picture of our interests, contacts, travels and desires. Private data-mining services, most often used for commercial advertising purposes, can determine: what we read, listen to, and look at; where we travel to, shop, and dine; and with whom we speak or associate. Meanwhile, social …
What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery,
2013
University of Oklahoma College of Law
What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson
Faculty Articles
This paper tells two stories. One concerns the investigation of a Delaware physician named Earl B. Bradley that resulted in a conviction and sentence of fourteen consecutive life terms for the sexual abuse of children. The other concerns the computer problems, both judicial and extra-judicial, of Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Though in a sense unrelated, they share lessons about the practicalities of computers and their search that are worth telling. As courts continue to struggle with how to cabin the searches of computers in order to minimize privacy intrusion …
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights,
2013
University of Oklahoma College of Law
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Faculty Articles
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …
Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosaic Approach,
2013
University of Oklahoma College of Law
Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosaic Approach, Stephen E. Henderson
Faculty Articles
In United States v. Jones, the government took an extreme position: so far as the federal Constitution is concerned, law enforcement can surreptitiously electronically track the movements of any American over the course of an entire month without cause or restraint. According to the government, whether the surveillance be for good reason, invidious reason, or no reason, the Fourth Amendment is not implicated. Fortunately, that position was unanimously rejected by the High Court. The Court did not, however, resolve what restriction or restraint the Fourth Amendment places upon location surveillance, reflecting a proper judicial restraint in this nuanced and difficult …
The Illusion Of A Second Chance: Expunctions Versus The Law School And State Bar Application Processes,
2013
Florida A&M University College of Law
The Illusion Of A Second Chance: Expunctions Versus The Law School And State Bar Application Processes, Lydia Johnson
Florida A & M University Law Review
No abstract provided.
Domestic Drones: Technical And Policy Issues,
2013
University of Washington School of Law
Domestic Drones: Technical And Policy Issues, University Of Washington Technology And Public Policy Clinic
Technology Law and Public Policy Clinic
No abstract provided.
Gone Too Far: Federal Regulation Of Health Care Attorneys,
2013
University of Oklahoma College of Law
Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino
Faculty Articles
Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.
