Privacy Law Commons^™

Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino

Notre Dame Law Review

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …

Between You, Me, And Alexa: On The Legality Of Virtual Assistant Devices In Two-Party Consent States, Ria Kuruvilla

Washington Law Review

When an Amazon Echo is activated, the device is constantly recording and sending those recordings to Amazon’s cloud. For an always recording device such as the Echo, getting consent from every person subject to a recording proves difficult. An Echo-owner consents to the recordings when they purchase and register the device, but when does a guest in an Echo-owner’s home consent to being recorded? This Comment uses Amazon’s Echo and Washington’s privacy statute to illustrate the tension between speech-activated devices and two-party consent laws—which require that all parties subject to a recording consent to being recorded. This Comment argues that …

Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin

Georgia State University Law Review

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires …

Privacy Law Issues In Public Blockchains: An Analysis Of Blockchain, Pipeda, The Gdpr, And Proposals For Compliance, Noah Walters

Canadian Journal of Law and Technology

Proponents of blockchain proclaim that the technology’s greatest innovation is trust. Blockchain create trust by serving as an indispensable ledger (a central point of truth), for all stakeholders to a transaction. Instead of companies managing and reconciling records of the same transaction in privately held databases, both sides of a transaction are recorded simultaneously on a shared ledger — the blockchain. As a result, the crypto economic environment is characterized by the decentralized coordination of business processes and transactions. Proponents of crypto-economics regard decentralized coordination as an opportunity for new forms of economic innovation, forms designed to increase value for …

Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz

Buffalo Law Review

No abstract provided.

Developing A Privacy Code Of Practice For Connected And Automated Vehicles, Rajen Akula

Canadian Journal of Law and Technology

Connected and autonomous vehicles (‘‘CAVs”) can collect, store, process and transmit vast amounts of data. Understanding the use (and potential misuse) of this data, particularly when that data is about an identifiable individual within the meaning of data protection law, is regarded critical to the success of this new mode of transportation. However, what constitutes personal information in relation to coneccted and automated vehicle data on a case-by-case basic. This presents a policy challenge for the government and creates uncertainty for businesses wishing to make use of this data.

Ethical Hacking By Alana Maurushat, Laura Ellyson

Canadian Journal of Law and Technology

Book Review of Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019).

Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq

Journal of Law and Policy

This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …

The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn

Journal of Law and Policy

When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …

Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman

Journal of Law and Policy

As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …

Deep Fakes: A Looming Challenge For Privacy, Democracy, And National Security, Robert Chesney, Danielle K. Citron

Faculty Scholarship

Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability makes it possible to create audio and video of real people saying and doing things they never said or did. Machine learning techniques are escalating the technology’s sophistication, making deep fakes ever more realistic and increasingly resistant to detection. Deep-fake technology has characteristics that enable rapid and widespread diffusion, putting it into the hands of both sophisticated and unsophisticated actors. While deep-fake technology will bring with it certain benefits, it also will introduce many harms. The marketplace …

Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Data Scams, Roger Allan Ford

Law Faculty Scholarship

Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …

Smile, You're On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer

Student Scholarship

Part II of this Article will first explain the purpose of wiretap (or recording) laws. It will then track the development of wiretap laws at the federal and state levels and illustrate several important distinctions. Part III will discuss the evolution of the Fourth Amendment in the United States. It will also examine how the Fourth Amendment and wiretap laws work together and how they apply to teachers. Part IV will look at the inadequacy of current legal remedies available to teachers who are surreptitiously recorded. It will then set forth possible district and classroom policies to help prevent recordings. …

Privacy As Pretext, Susan Hazeldean

Cornell Law Review

The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose LGBT rights is the claim that antidiscrimination protections for LGBT people undermine privacy because they permit transgender people to use facilities that accord with their gender identity. This Article uses legal privacy theory to show that allowing transgender people into gendered facilities does not undermine …

Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer

Brigham Young University Education and Law Journal

No abstract provided.

Contracting For Fourth Amendment Privacy Online, Wayne A. Logan, Jake Linford

Scholarly Publications

No abstract provided.

المسؤولیة المدنیة للمشغل النووي وفقا للمرسوم بقانون اتحادي رقم (4) لسنة 2012 في شأن المسؤولیة المدنیة عن الأضرار النوویة واتفاقیة فیینا لعام 1997بشأن المسؤولیة المدنیة عن الأضرار النوویة, إسماعیل إبراھیم صقر الحوسني

Private Law Theses

نظرا لمدى الأثار الجسيمة المترتبة على أضرار الحادث النووي من حیث الفداحة واتسا ع وسرعة انتشارها واتسامها بطابع الخفية، وتراخي نتائجھا الى المستقبل وما ينتج عن هذه الأارمن آثار سلبیة قد ترتقي الى درجة المأساویة، الأمر الذي وضع المشرع الإماراتي من أجلھ نظام قانوني مستحدث واستثنائى للمسؤوليةالمدنية عن الأضرار النووية يعتمد على المسؤولیة الموضوعیة كأساس للتعویض.

لذلك ھدفت ھذه الدراسة للتعريف على ماهية الفعل الضار للمشغل النووي وأحكام القانون المنظم لھذه المسؤولیة وھي المرسوم بقانون اتحادي رقم 4 لسنة 2012 بشأن المسؤولیة المدنیة عن الآضرار النووية والأساسيات التي وضعها الفقه والقانون في سبيل تقدير الخطأ النووي ومدى استحقاقھ للتعویض ومقدار …

Efficient Privacy-Aware Imagery Data Analysis, Yifan Tian

Doctoral Dissertations and Master's Theses

The widespread use of smartphones and camera-coupled Internet of Thing (IoT) devices triggers an explosive growth of imagery data. To extract and process the rich contents contained in imagery data, various image analysis techniques have been investigated and applied to a spectrum of application scenarios. In recent years, breakthroughs in deep learning have powered a new revolution for image analysis in terms of effectiveness with high resource consumption. Given the fact that most smartphones and IoT devices have limited computational capability and battery life, they are not ready for the processing of computational intensive analytics over imagery data collected by …

Why Sexual Privacy Matters For Trust, Danielle K. Citron

Faculty Scholarship

Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes. They spent hours on the phone. Today, they text their innermost thoughts, beliefs, and wishes, sometimes with nude photos attached. They engage in sexually-explicit activity via FaceTime and SnapChat.

Now, as then, the success and integrity of intimate relationships depends upon sexual privacy. Intimate relationships develop as partners grow to trust one another to treat their nakedness, deepest secrets, and sexual desires as they hope rather than as they fear. Handling partners’ personal information with discretion lays the foundation for …