Understanding American Privacy,
2022
Washington University in St. Louis School of Law
Understanding American Privacy, Neil M. Richards, Andrew B. Serwin, Tyler Blake
Scholarship@WashULaw
This Article is an explanation of some of the key features of American privacy law for a general audience. In particular, it tries to explain American privacy law against the critique that because the US currently lacks a European-style privacy law, the United States lacks much in the way of privacy law. We argue that the lack of a European-style data protection law in the United States is not the end of the analysis. This article therefore offers a basic roadmap to American privacy law for the uninitiated. In order to understand American privacy, we believe that it is important …
The Surprising Virtues Of Data Loyalty,
2022
Washington University in St. Louis School of Law
The Surprising Virtues Of Data Loyalty, Neil M. Richards, Woodrow Hartzog
Scholarship@WashULaw
Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …
The New Bailments,
2022
Washington University in St. Louis School of Law
The New Bailments, Danielle D'Onfro
Scholarship@WashULaw
The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …
Data Transfers After Schrems Ii: The Eu-Us Disagreements Over Data Privacy And National Security,
2022
University of New South Wales
Data Transfers After Schrems Ii: The Eu-Us Disagreements Over Data Privacy And National Security, Monika Zalnieriute
Vanderbilt Journal of Transnational Law
In the long-awaited Schrems II decision, the Court of Justice of the European Union (CJEU) took a radical, although not an unexpected, step in invalidating the Privacy Shield Agreement, which facilitated data transfers between the European Union and the United States. Schrems II illuminates long-lasting international disagreements between the EU and the United States over data protection, national security, and the fundamental differences between the public and private approaches to the protection of human rights in the data-driven economy and modern state. This Article approaches the decision via an interdisciplinary lens of international law and international relations and situates it …
Why Govern Broken Tools?,
2022
University of Washington School of Law
Why Govern Broken Tools?, Ryan Calo
Articles
In Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study, Brian Hutler et al. ably compare two approaches to the governance of digital contract tracing (DCT). In this brief essay, I want to examine to what extent governance actually played a meaningful role in the failure of DCT. If DCT failed primarily for other reasons, then the authors’ normative suggestion to pursue “a new governance approach … for designing and implementing DCT technology going forward” may be misplaced.
A World Without Roe: The Constitutional Future Of Unwanted Pregnancy,
2022
Fordham University School of Law
A World Without Roe: The Constitutional Future Of Unwanted Pregnancy, Julie Suk
Faculty Scholarship
With the demise of Roe v. Wade, the survival of abortion access in America will depend on new legal paths. In the same moment that Dobbs v. Jackson Women’s Health Organization has constrained access to abortion in the United States, other constitutional democracies have moved in the opposite direction, expanding access to safe, legal, and free abortions. They have done so without reasoning from Roe’s vision of the private zone of unwanted pregnancy. The development of abortion law outside the United States provides critical insights that can inform future efforts to vindicate the constitutional rights of women facing unwanted pregnancies. …
On The Propertization Of Data And The Harmonization Imperative,
2022
Fordham University School of Law
On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario
Fordham Law Review
The digital age has paved the way for unforeseen and unconscionable harms. Recent experiences with security breaches, surveillance programs, and mass disinformation campaigns have taught us that unchecked data collection, use, retention, and transfer have the potential to affect everything from health-care access to national security. And they have shown the growing need for a solution that addresses this proliferation of intangible collective harms. This Note champions data propertization—the process of establishing a bundle of rights in data comparable to those that comprise property interests—as the proper method for preventing and redressing data harms. More specifically, this Note analyzes Illinois’s …
Contracts Formed By Software: An Approach From The Law Of Mistake,
2022
Singapore Management University
Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi
Research Collection Yong Pung How School Of Law
A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the …
Debunking The Myth That Police Body Cams Are Civil Rights Tool,
2022
University of Colorado Law School
Debunking The Myth That Police Body Cams Are Civil Rights Tool, Scott Skinner-Thompson
Publications
No abstract provided.
The Case For Data Privacy Rights (Or 'Please, A Little Optimism'),
2022
University of Colorado Law School
The Case For Data Privacy Rights (Or 'Please, A Little Optimism'), Margot E. Kaminski
Publications
No abstract provided.
Introduction: Privacy Studies, Surveillance Law,
2022
University of Colorado Law School
Introduction: Privacy Studies, Surveillance Law, Scott Skinner-Thompson
Publications
This Dialogue section examines perspectives on how privacy law scholarship and surveillance scholarship can be further enriched with more critical reflection and discussion between the disciplines and includes valuable contributions from thought leaders in each field.
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf,
2022
Dalhousie University Schulich School of Law
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim
Reports & Public Policy Documents
The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …
Privacy, Network Effects, And Law Enforcement: The Gap Between Technology And The Law,
2022
Seattle University School of Law
Privacy, Network Effects, And Law Enforcement: The Gap Between Technology And The Law, Adriena Clifton
Seattle Journal for Social Justice
No abstract provided.
Table Of Contents,
2022
Seattle University School of Law
Masthead,
2022
The Catholic University of America, Columbus School of Law
Masthead, Lead Article Editor
Catholic University Journal of Law and Technology
No abstract provided.
Table Of Contents,
2022
The Catholic University of America, Columbus School of Law
Table Of Contents, Lead Article Editor
Catholic University Journal of Law and Technology
No abstract provided.
Self-Control Of Personal Data And The Constitution In East Asia,
2022
University of Washington School of Law
Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang
Articles
No abstract provided.
The Hidden Harms Of Privacy Penalties,
2022
University of Washington School of Law
The Hidden Harms Of Privacy Penalties, Mary D. Fan
Articles
How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …
The Wild West Of Data Privacy: Why Rhode Island Needs To Enact Comprehensive Legislation To Protect Consumers’ Data,
2022
Candidate for Juris Doctor, Roger Williams University School of Law
The Wild West Of Data Privacy: Why Rhode Island Needs To Enact Comprehensive Legislation To Protect Consumers’ Data, Candace Quinn
Roger Williams University Law Review
No abstract provided.
Use Of Unmanned Aircraft Systems And Regulatory Landscape: Unravelling The Future Challenges In The High Sky,
2022
Gujarat National Law University
Use Of Unmanned Aircraft Systems And Regulatory Landscape: Unravelling The Future Challenges In The High Sky, K Kirthan Shenoy, Divya Tyagi
International Journal of Aviation, Aeronautics, and Aerospace
The individuals on the ground nowadays often observe objects distantly hover over the sky, which raises the question of who might be operating the object or what the object might record. Unmanned Aircraft Systems (UAS) or Drones today have quickly penetrated civilian, military, and commercial sectors. The drones or UAS, with the advancement of technology, are now capable of traversing long distances, having long endurance, and having multipurpose functionality. The UAS industry is fast expanding, with trade investment touching the billion-dollar mark in flourishing economies. The advent of the Covid 19 pandemic saw a steep rise in the use of …
