Privacy Law Commons^™

Immature (Data) Privacy, Yutang Hsiao

Buffalo Law Review

Sharenting, a combination of the words “sharing” and “parenting,” is a double-edged sword. It can cut both ways because even though it benefits parents by being a source of support and fostering community, it harms children in various significant and nuanced ways. While the world blames parents for sharing too much of their children’s data on social media, other actors also play a role and should share the blame. In this Article, I argue that the most fundamental question sharenting raises is in what ways children’s privacy is violated, and who commits the violation. Social media, as one of the …

Centering The Vulnerable Through Data Protection, Scott Skinner-Thompson

Publications

No abstract provided.

Impacted Stakeholder Participation In Ai And Data Governance, Margot Kaminski, Gianclaudio Malgieri

Publications

Privacy law has long centered on the individual. But we observe a meaningful shift toward group harm and rights. There is growing recognition that data-driven practices, including the development and use of artificial intelligence (AI) systems, affect not just atomized individuals but also their neighborhoods and communities, including and especially situationally vulnerable and historically marginalized groups.

This Article explores a recent shift in both data privacy law and the newly developing law of AI: a turn towards stakeholder participation in the governance of AI and data systems, specifically by impacted groups often though not always representing historically marginalized communities. In …

The Evolution Of Surveillance And The Decline Of Privacy, Alan J. Geyer

Honors Undergraduate Theses

This study directly examines how surveillance law and technology have evolved in the United States and how privacy rights have declined correspondingly. The study specifically focuses on how advancements in surveillance technology have overstepped the boundaries of Fourth Amendment protections and analyzes whether these provisions are adequate for protecting citizens in the modern technological era. The study explores newly employed methods of technological surveillance, such as facial recognition, data collection, and automated license plate readers. It focuses on how government surveillance programs have reshaped legal and ethical understandings of privacy. The changes in surveillance and technology have been analyzed by …

Artificial Intelligence And Music Mash-Ups: Monetizing An Opt-In Closed Universe Database To Preserve Royalties And Credit For Composer And Sound Recording Rights Holders, Michael M. Epstein

Marquette Law Review

This Article charts the development of an opt-in database of music publishing and sound recording catalogues that would allow music industry stakeholders to profit from those who use artificial intelligence to generate new creative content from existing intellectual property. The database would be a portal to content that rights holders would consent to include in a library made available to the public. The database could be advertiser-supported, allowing for no-cost access by the public, or users could pay for a blanket license or per- search fee. Proceeds from the database would be distributed to rights holders based on the content …

Combating The Rising Threat Of Sextortion, Margaret Galles

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Cyber Sexual Misconduct: The Evolution Of Sexual Privacy Laws And Best Practices For Representing Victims, Jolie Bodner Zangari, Lindsay Lieberman

Scholarly Works

No abstract provided.

“Digital Integrity”: Defending The Judicial Integrity In The Digital Age, Guy Alon, Doron Menashe, Guy Itzhak Sender

Touro Law Review

Recent revelations have shown that the protection of the Fourth Amendment in the digital age is inadequate. Despite well-known exclusionary rules regarding evidence obtained by illegal search and seizure, current trends in the digital age and the law of evidence resulted in courts that tend to include such evidence, and by doing so, create significant risk of both substantive and procedural errors and hence increase the potential for wrongful convictions. To address the matter and try to empower and modernize the protection given by the Fourth Amendment, this article suggests performing a revolution in the law of evidence in the …

The Impact Of Artificial Intelligence On Copyright Infringement Liability, Sarah M. Rizzo

Touro Law Review

Although the rise of artificial intelligence platforms has been promoted as a solution to many of our problems, it is important to address the possible issues this new technology may be creating. With artificial intelligence evolving at such a rapid rate, questions arise as to how to effectively regulate and control this technology. Specifically, in the realm of intellectual property, how will copyright protection be ensured and how will liability for copyright infringement be apportioned with the expanding use of artificial intelligence? Users of artificial intelligence platforms should be able to employ such artificial intelligence products freely and confidently without …

Loopholes Of Liberty: The Supreme Court’S Evisceration Of The Fourth Amendment, David J. Looney

Touro Law Review

The Fourth Amendment’s protections against unwarranted government intrusion are currently undermined by the Supreme Court’s third party and open fields doctrines, which permit warrantless access to shared data and private land beyond a home’s curtilage, clashing with the Amendment’s aim to safeguard privacy and property in an era of advanced surveillance. These doctrines enable arbitrary governmental overreach, necessitating urgent review to restore constitutional protections. Rooted in Enlightenment principles, the Fourth Amendment historically protected “papers” and “effects” from physical trespass, as seen in Boyd v. United States. Katz v. United States introduced a “reasonable expectation of privacy” test, but its subjective …

The Law Of Digital Resurrection, Victoria J. Haneman

Scholarly Works

The digital right to be dead has yet to be recognized as an important legal right. Artificial intelligence, augmented reality, and nanotechnology have progressed to the point that personal data can be used to resurrect the deceased in digital form with appearance, voice, emotion, and memory recreated to allow interaction with a digital app, chat bot, or avatar that may be indistinguishable from that with a living person. Users may now have a completely immersive experience simply by loading the personal data of the deceased into a neural network to create a chatbot that inherits features and idiosyncrasies of the …

Re-Recording The Record: The Case For A Stronger Moral Right Of Integrity In The United States, Alexandria Touron

Fordham Law Review

In the United States, musical artists have limited legal recourse over transferring ownership of their music to third parties, even when such transfers may harm the artist’s reputation or the integrity of the work. Even the most prominent musicians, like Taylor Swift, must operate within an industry structure that normalizes the transfer of rights and, thus, control of their creative works. This occurs because U.S. law ties artists’ rights almost exclusively to economic ownership of their work unless they specifically bargain to keep their moral rights. However, most other countries have comprehensive moral rights frameworks where all artists can protect …

An American's Guide To The Eu Ai Act, Margot Kaminski, Andrew D. Selbst

Publications

The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to many in the United States. But as the first omnibus AI regulation worldwide, it has the potential to have a vast influence on both practice and lawmaking.

In this Article, we provide the American's Guide to the EU AI Act. This Article breaks down the AI Act for a U.S. law audience, explaining the overall mechanisms, and how the Act interacts with background EU laws and institutions. At its core, the AI …

Urgensi Pembentukan Lembaga Pengawas Data Pribadi Sebagai Upaya Preventif Kebocoran Data Pribadi, Salsa Hardafi

Jurnal Hukum & Pembangunan

The rapid advancement of information technology has intensified the risks of personal data breaches and violations of privacy rights. Although Law Number 27 of 2022 on Personal Data Protection (PDP Law) has established a comprehensive legal framework for personal data protection in Indonesia, its effective implementation remains constrained by the absence of the Personal Data Protection Supervisory Authority (PDP Authority). This institutional absence creates a structural authority vacuum that weakens preventive measures, law enforcement mechanisms, and alternative dispute resolution in personal data protection. Through normative legal analysis using Hans Kelsen’s Stufenbau Theory, Nonet and Selznick’s Responsive Law Theory, and Satjipto …

Artificial Intelligence And The Hipaa Privacy Rule: A Primer, Stacey A. Tovino

Faculty Articles

No abstract provided.

The United States’ Strengthened National Security Review Of Chinese Investment: Implications From The Tech War, Charles C. Wang, Ulia Liu, Holden H. Dong

American University International Law Review

In recent years, the national security review system of United States (U.S.) foreign investment has entered into a period of intensified scrutiny of Chinese investment. This article analyzes the latest development of the U.S. foreign investment national security review system after the enactment of the 2018 Foreign Investment Risk Review and Modernization Act (FIRRMA) and relevant Executive Orders. The U.S. review of Chinese investment has been greatly strengthened in terms of the expanded scope of review in high-tech areas and prolonged and unpredictable review time. China has become the primary target of the U.S. national security review, especially in the …

The Clash Of Security And Commerce: Analyzing The Impact Of U.S. Foreign Trade And Investment Regulations Through The Lens Of The Tiktok Controversy, Xuemao Zhang

Northwestern Journal of International Law & Business

This Article examines the evolving tension between national security and economic globalization in U.S. foreign trade and investment regulation. Using the TikTok controversy as a focal point, it argues that American trade regulation has undergone a decisive transformation—from promoting international integration to prioritizing the protection of strategic technologies, data, and supply chains against perceived adversaries, particularly China. The analysis traces this shift from early tariff legislation, through the liberalizing trade era of the mid-twentieth century, to recent measures such as the Foreign Investment Risk Review Modernization Act of 2018 and President Biden’s executive orders on inbound and outbound investment. The …

Regenerating Justice: Chatgpt And The Legal Minefield Of Generative Ai, Katie Szilagyi

Canadian Journal of Law and Technology

This paper adopts an automation bias lens to cast doubt on the growing claims that GenAI is a transformational tool for legal industry. In this context, automation bias refers to the well-known psychological phenomenon in which human decision-makers unwittingly defer to automated processes, flowing from overreliance on the accuracy of the automation. Even well-meaning individuals aiming to keep a “human-in-the-loop” of any automated decision can fall prey to this well-documented phenomenon, trusting the technology more than it deserves to be trusted. Champions for current GenAI technologies often do acknowledge limitations within the existing landscape of tools, like GenAI’s tendency to …

Confronting The Challenges Of Regulating Artificial Intelligence, Amy B. Cyphert

FIU Law Review

Public opinion polls conclude that the American public is in favor of regulating artificial intelligence (“AI”), and many technology companies publicly claim that they would welcome regulation. And yet the United States has struggled to enact federal comprehensive AI regulations beyond a short-lived Executive Order. Why? Part I of this Article explains why regulating AI is so difficult, focusing on six key reasons: AI is a global issue; AI is not one discrete issue; AI is developing at a speed that is unprecedented; lawmakers largely lack the technical expertise effective AI regulation requires; the stakes of getting the regulation wrong …

The Great Scrape: The Clash Between Scraping And Privacy, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

Artificial intelligence (AI) systems depend on massive quantities of data, often gathered by “scraping”—the automated extraction of large amounts of data from the internet. A great deal of scraped data contains people’s personal information. This personal data provides the grist for AI tools such as facial recognition, deep fakes, and generative AI. Although scraping enables web searching, archiving of records, and meaningful scientific research, scraping for AI can also be objectionable and even harmful to individuals and society.

Organizations are scraping at an escalating pace and scale, even though many privacy laws are seemingly incongruous with the practice. In this …