Privacy Law Commons^™

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes

Washington and Lee Law Review

Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP’s desire to control information. Controlling information means controlling data. Lurking beneath the People’s Republic of China’s (PRC) tumultuous relationship with the rest of the world is the fight between nations to control their citizens’ data while also keeping it out of the hands of adversaries. The CCP’s Three Laws are its newest weapon in this data war.

One byproduct of the CCP’s emphasis on controlling …

Four Privacy Stories And Two Hard Cases, A Comment On Skinner-Thompson's Privacy At The Margins, Jessica Silbey

Faculty Scholarship

Scott Skinner-Thompson's new book, Privacy at the Margins, is what I would call a "fourth-generation" study of privacy law. Privacy's contours and justifications have been debated over the course of the twentieth century, first to establish it as a matter deserving legal protection (roughly the first half of the twentieth century), ² then to iterate its various common law and constitutional variations (starting in the 1960s), ³ and since the computer and internet revolution of the 1990s, to reevaluate privacy's growing importance but waning presence in the digitally-networked age.⁴ The third-generation of privacy scholarship has been a fast-growing area …

Submission Of The Citizen Lab (Munk School Of Global Affairs, University Of Toronto) To The United Nations Working Group On Enforced Or Involuntary Disappearances, Siena Anstis, Ronald J. Deibert, Émilie Laflèche, Jonathon W. Penney

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Misinformation And Disinformation: Detecting Fakes With The Eye And Ai, Victoria Rubin

Data and Test Instruments

How do we detect, deter, and prevent the spread of mis- and disinformationwith the human eye and AI? How does theory inform the practice, and how do theevidence-based research and best practices in lie-catching and truth-seekingprofessions—inform AI? The book looks into well-established human practicessuch as the routines and processes used in detective work, journalism, and scientificinquiry, and how they contribute toward innovative AI solutions. The book explainsthe principles, inner workings, and recent evolution of five types of state-of-the-artAI technologies suitable for curtailing the spread of mis- and disinformation:automated deception detectors, clickbait detectors, satirical fake detectors, rumordebunkers, and computational fact-checking tools.

24th Annual Open Government Summit 2022, Roger Williams University School Of Law, Rhode Island Office Of The Attorney General

School of Law Conferences, Lectures & Events

No abstract provided.

“Bang!”: Shotspotter Gunshot Detection Technology, Predictive Policing, And Measuring Terry’S Reach, Harvey Gee

University of Michigan Journal of Law Reform

ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights and civil liberties. This Article expands the conversation about ShotSpotter technology considerably by examining the adjacent Fourth Amendment issues emanating from its use. For example, law enforcement increasingly relies on ShotSpotter to create reasonable suspicion where it does not exist. In practice, the use of ShotSpotter …

Fighting Global Surveillance: Lessons From The American Muslim Community, Danna Z. Elmasry

University of Michigan Journal of Law Reform

The United States government has been spying on its citizens through a massive surveillance infrastructure that is unrestricted to a particular target or suspicion of wrongdoing. The statutory and regulatory authorities responsible for this infrastructure are sprawling and often secret. Built-in limitations and oversight mechanisms are riddled with loopholes or inaccessible due to exceedingly high thresholds. Litigation challenges to surveillance overreach often fail at standing. Under the current doctrine, plaintiffs must show that their own communications have been surveilled by a specific surveillance program. This Note contributes to surveillance reform by proposing a private right of action that sets the …

Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak

University of Michigan Journal of Law Reform

Algorithmic accountability law—focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools—is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of group-level harms such as discrimination and modes of democratic participation. While a welcome and long overdue shift, the current discourse ignores systems like databases, which are viewed as technically “rudimentary” and often siloed from regulatory scrutiny and public attention. Additionally, burgeoning regulatory proposals like algorithmic impact assessments are not structured to surface important –yet …

Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina

Research Collection Yong Pung How School Of Law

Concern has been widely expressed about the potential for COVID-19 control technologies and resultant data sharing negatively impacting on civil rights, invading personal privacy, undermining citizen dignity through expansive data matching and ultimately providing opportunities for data use well beyond the brief of virus mitigation. This chapter offers suggestions regarding effective and inclusive regulatory responses when faced with extended surveillance, tracking/tracing, public/private provider data sharing and any breakdown in personal data firewalls, or otherwise conventional aggregated data deviations and distortion. In doing so, the chapter explores personal data usage in the context of COVID-19 as a regulatory enterprise. It addresses …

Remarks, Andrea Dennis

University of Michigan Journal of Law Reform

Over the course of one week, the Michigan Journal of Law Reform presented its annual Symposium, this year titled Reimagining Police Surveillance: Protecting Activism and Ending Technologies of Oppression. During this week, the Journal explored complicated questions surrounding the expansion of police surveillance technologies, including how police and federal agencies utilize their extensive resources to identify and surveil public protest, the ways in which technology employed by police is often flawed and disparately impacts people of color, and potential reforms of police surveillance technology. Before delving into these complicated questions, I presented remarks on the history of police surveillance …

Should Data Drive Private Law?, Christoph Busch, Catalina Goanta, Katarzyna Kryla-Cudna, Monika Leszczynska, Vanessa Mak

Faculty Scholarship

This special issue tackles the question of whether and how data shapes private law. The development of new technologies enabled the generation, collection and processing of both personal and non-personal data on an unprecedented scale. The implications

of this phenomenon for private law are threefold. One, how does data affect our understanding of technology regulation in private law relationships? Two, how does data affect the way in which private law is applied? Three, what is the role of data in the design of law from a public policy perspective that transcends doctrinal considerations relating to private law?

Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo

Research Collection Yong Pung How School Of Law

In response to the COVID-19 pandemic, governments began implementing various forms of contact tracing technology. Singapore’s implementation of its contact tracing technology, TraceTogether, however, was met with significant concern by its population, with regard to privacy and data security. This concern did not fit with the general perception that Singaporeans have a high level of trust in its government. We explore this disconnect, using responses to our survey (conducted pre-COVID-19) in which we asked participants about their level of concern with the government and business collecting certain categories of personal data. The results show that respondents had less concern with …

حمایة الخصوصیة الرقمیة في ظل تطبیقات الذكاء الاصطناعي (دراسة تحلیلیة مقارنة), ریم غریب الشامسي

Theses

مع بزوغ عصر الثورة الصناعیة الرابعة (4IR)، تزامن ذلك مع وجود حقبة جدیدة في التطور التقني والتحول الرقمي والتي أصبحت فیھا التكنولوجیا جزءاً لا یتجزأ من المجتمعات، مما أدى إلى ازدیاد ظھور تطبیقات الذكاء الاصطناعي بشكل كبیر والتي دخلت في مجالات كثیرة في حیاتنا الیومیة، فأصبح الاستغناء عنھا ضرباً من الخیال، فنرى استخدامات الطائرات بدون طیار في مجال التجارة الإلكترونیة في إیصال السلع و الخدمات، والروبوتات الجراحیة في العملیات الدقیقة، و الاستشارات المھنیة والقانونیة عن بعد، و الحكومة الذكیة في استخدام التطبیقات الحكومیة المؤتمتة - من بینھا حكومة الإمارات بوضع استراتیجیة الحكومة الرقمیة لدولة الإمارات 2025 واستراتیجیة الإمارات للذكاء الاصطناعي-، …

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri

Pace International Law Review

This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.

Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe

Law Faculty Scholarship

[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].

Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …

Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii

Brooklyn Law Review

Over the past decade, scientific advances have allowed genetic testing to become accessible to consumers. Direct-to-consumer (DTC) DNA testing companies can analyze your DNA sample so you can learn about your family’s origins or whether you are genetically predisposed to a specific disease or disorder. Consumers can then send these analyzed files to third-party databases that aggregate genetic data for specific purposes, like helping law enforcement solve cold cases. Recently, the Department of Defense alerted servicemembers that DTC DNA tests were a national security threat. Simply put, when the national security apparatus finds a threat, it proactively seeks to neutralize …

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni

Journal of the National Association of Administrative Law Judiciary

This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.

Investing In Human Futures: How Big Tech And Social Media Giants Abuse Privacy And Manipulate Consumerism, Brett Dembrow

University of Miami Business Law Review

Social media companies such as Facebook, Twitter, and Instagram originated with one seemingly innocent goal: “to bring the world closer together.”1 Now, these Big Tech giants own and operate some of the most powerful platforms in the world simply because of their unethical yet effective strategies to maintain their users’ attention. Social media companies have monetized the amount of time their users spend on their platforms by honing in on the individual preferences of each user and selling that access to advertisers. This heightened access to potential consumers and their preferences has become the most valuable marketing tool for digital …

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …