A Virtuous Circle: How Health Solidarity Could Prompt Recalibration Of Privacy And Improve Data And Research,
2021
University of Oklahoma College of Law
A Virtuous Circle: How Health Solidarity Could Prompt Recalibration Of Privacy And Improve Data And Research, Nicolas P. Terry, Christine Coughlin
Oklahoma Law Review
No abstract provided.
Democratizing Platform Privacy,
2021
Yale Law School
Democratizing Platform Privacy, Sari Mazzurco
Fordham Intellectual Property, Media and Entertainment Law Journal
The online platform political economy—that is, the interrelationship of economic and political power in the exchange of online services for personal information—has endowed platforms with overwhelming power to determine consumers’ information privacy. Mainstream legal scholarship on information privacy has focused largely on an economic problem: individual consumers do not obtain their “optimal” level of privacy due to a bevy of market failures. This Article presents the political issue: that platforms’ hegemonic control over consumers’ information privacy renders the rules they impose illegitimate from a democratic perspective. It argues platform hegemony over consumers’ information privacy is a political problem, in the …
Regulating Facial Recognition Technology In An Effort To Avoid A Minority Report Like Surveillance State,
2021
Marquette University Law School
Regulating Facial Recognition Technology In An Effort To Avoid A Minority Report Like Surveillance State, Halie B. Peacher
Marquette Intellectual Property & Innovation Law Review
In Steven Spielberg's science fiction film Minority Report, the film focuses on how technology is used in the future, as well as how society uses and understands that technology. Specifically, Minority Report focuses on eye-scanners that allow the police and corporations to track down and identify people on a daily basis. This movie identifies that there is a clear line that must be drawn between an individual's right to privacy and the law enforcement agency's ability to ensure safety. Like the technology in Minority Report, the use of facial recognition technology has led to much debate, mainly focused on privacy …
Covid-19 And The Hipaa Privacy Rule: Asked And Answered,
2021
University of Oklahoma College of Law
Covid-19 And The Hipaa Privacy Rule: Asked And Answered, Stacey A. Tovino
Faculty Articles
The severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 (COVID-19), raises important and vexing privacy and security issues. Public health officials, law and policy makers, and members of the general public disagree, for example, regarding the amount and type of individually identifiable health data that should be collected, used, and disclosed for public health surveillance, public health investigation, and public health intervention. Stakeholders also diverge in their opinions regarding the sufficiency of federal and state data privacy and security laws. Some stakeholders believe that current statutes and regulations are sufficient to protect individually identifiable …
Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty,
2021
Georgetown University Law Center
Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
In light of the history of the doctrine of ad coelum, as well as the states’ preeminent role (secured by the Tenth Amendment) in regulating property and airspace up to the 500-foot level, it is remarkable that the federal government has begun to claim that it controls everything above the blades of grass. This chapter challenges those statements, demonstrating that history and law establish that property owners, and the states, control the airspace adjacent to the land.
Table Of Contents,
2021
Touro University Jacob D. Fuchsberg Law Center
Charles Reich And The Legal History Of Privacy,
2021
Touro University Jacob D. Fuchsberg Law Center
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Touro Law Review
No abstract provided.
Private Largess In The Digital Age: Privacy In Reich's The New Property,
2021
Touro University Jacob D. Fuchsberg Law Center
Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia
Touro Law Review
No abstract provided.
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues,
2021
Touro Law Center
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein
Touro Law Review
No abstract provided.
The Harmful Addiction To The War On Drugs,
2021
Touro University Jacob D. Fuchsberg Law Center
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
Touro Law Review
Most modern societies prohibit the use of addictive drugs such as cocaine and heroin. We contend this is a mistake. They should all be legalized, forthwith, since their usage constitutes a victimless crime. But more, we also maintain that these jurisdictions are actually addicted to these unjust and harmful laws since, no matter what the logic or the evidence about the perniciousness of this legislation, it still remains on the books
The Price Of Prime—Consumer Privacy In The Age Of Amazon,
2021
Mitchell Hamline School of Law
The Price Of Prime—Consumer Privacy In The Age Of Amazon, Ariana Aboulafia, Greg Fritzius, Tessa Mears, Macy Nix
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Rising Tide Lifts All Consumers: Penumbras Of Foreign Data Protection Laws In The United States,
2021
New York Law School
A Rising Tide Lifts All Consumers: Penumbras Of Foreign Data Protection Laws In The United States, Michael Goodyear
Articles & Chapters
With the growth of collecting, processing, and transferring personal information to third parties, consumers’ data is increasingly exposed to a myriad of risks. Perhaps chief among these are the data protection practices of data collectors themselves. Yet despite the risk to consumers, U.S. data protection law has remained fragmented, focused on individual industries at the federal law and only made comprehensive, occasionally, at the state level. This lack of a comprehensive data protection law in the United States is a significant detriment to the security of U.S. consumers. International law also offers no such path that could comprehensively protect U.S. …
A Duty Of Loyalty For Privacy Law,
2021
Washington University in St. Louis School of Law
A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog
Scholarship@WashULaw
Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of people has become a major element of the internet’s business model.
Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty. What, …
Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy,
2021
Washington University in St. Louis School of Law
Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy, Pauline Kim, Matthew T. Bodie
Scholarship@WashULaw
Employers are increasingly relying on artificially intelligent (AI) systems to recruit, select, and manage their workforces, raising fears that these systems may subject workers to discriminatory, invasive, or otherwise unfair treatment. This article reviews those concerns and provides an overview of how current laws may apply, focusing on two particular problems: discrimination on the basis of protected characteristics like race, sex, or disability, and the invasion of workers’ privacy engendered by workplace AI systems. It discusses the ways in which relying on AI to make personnel decisions can produce discriminatory outcomes and how current law might apply. It then explores …
Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy,
2021
Washington University in St. Louis - School of Law
Artificial Intelligence And The Challenges Of Workplace Discrimination And Privacy, Pauline Kim, Matthew T. Bodie
All Faculty Scholarship
Employers are increasingly relying on artificially intelligent (AI) systems to recruit, select, and manage their workforces, raising fears that these systems may subject workers to discriminatory, invasive, or otherwise unfair treatment. This article reviews those concerns and provides an overview of how current laws may apply, focusing on two particular problems: discrimination on the basis of protected characteristics like race, sex, or disability, and the invasion of workers’ privacy engendered by workplace AI systems. It discusses the ways in which relying on AI to make personnel decisions can produce discriminatory outcomes and how current law might apply. It then explores …
A Review Of Data Protection Regulations And The Right To Privacy: The Case Of The Us And India,
2021
CUNY City College
A Review Of Data Protection Regulations And The Right To Privacy: The Case Of The Us And India, Chrisann Campbell
Dissertations and Theses
Since 1948 and the signing of the Universal Declaration of Human Rights, the concept of privacy has grown more complex with the rise of technology and a shift to the internet. In particular, the unregulated use of technologies that can capture individuals' personal data without their knowledge or consent poses a threat to their right to privacy and other additional human rights. The protection of the collection, storing, and transfer of users' personal data against data breaches also ensures that the right to privacy is guaranteed. Through examining two countries, the U.S. and India, on the idea of privacy, personal …
Geoprivacy, Convenience, And The Pursuit Of Anonymity In Digital Cities,
2021
University of Kansas
Geoprivacy, Convenience, And The Pursuit Of Anonymity In Digital Cities, Jerome Dobson, William A. Herbert
Publications and Research
Cities demand spatial efficiencies that can be achieved only through sharing of information. Current technologies support collection, processing, and dissemination of unprecedented quantities of personal, public, and corporate information. Inherent in this milieu is an inevitable contest among societal efficiency, corporate profits, consumer convenience, personal privacy, and even freedom. The authors examine current trends in technology, data collection, legislation, and public acceptance. They find that without broad specific regulations limiting location data collection and use—including a universal protected right for individuals to pursue anonymity—governments, commercial enterprises, employers, and individuals increasingly will exploit tracking technologies at the expense of geoprivacy.
A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment,
2021
Vanderbilt University Law School
A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel
Vanderbilt Law School Faculty Publications
Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene DNA with DNA profiles in a database in an attempt to identify a suspect or a family member of a suspect. Neither of these efforts implicates the Fourth Amendment, because the Supreme Court has held that a Fourth Amendment "search" does not occur unless police infringe "expectations of privacy society is prepared to recognize as reasonable" and has construed that phrase narrowly, without reference to …
Protecting Research Data Of Publicly Revealing Participants,
2021
Vanderbilt University Law School
Protecting Research Data Of Publicly Revealing Participants, Ellen Clayton, B. A. Malin, Kyle J. Mckibbin
Vanderbilt Law School Faculty Publications
Biomedical researchers collect large amounts of personal data about individuals, which are frequently shared with repositories and an array of users. Typically, research data holders implement measures to protect participants’ identities and unique attributes from unauthorized disclosure. These measures, however, can be less effective if people disclose their participation in a research study, which they may do for many reasons. Even so, the people who provide these data for research often understandably expect that their privacy will be protected. We discuss the particular challenges posed by self-disclosure and identify various steps that researchers should take to protect data in these …
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell,
2021
Vanderbilt University Law School
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell, G. S. Hans
Vanderbilt Law School Faculty Publications
A decade has passed since the U.S. Supreme Court held in Sorrell vs. IMS Health that a Vermont privacy law violated the First Amendment. Somewhat surprisingly, the debate about the intersection between privacy laws and free speech protections has not progressed much in the intervening years. If anything, the concerns that some privacy advocates had following Sorrell-that the First Amendment could be used as a tool to overturn privacy regulations-have extended to other areas of economic regulation. As a public interest attorney working on technology law and policy, I entered into practice not long after Sorrell was decided, when it …
