The Right To Be Forgotten: Comparing U.S. And European Approaches, 2016 Ketterman, Rowland & Westlund, P.C.
The Right To Be Forgotten: Comparing U.S. And European Approaches, Samuel W. Royston
St. Mary's Law Journal
This Article compares the European and United States stances regarding the right to be forgotten. Within that context, this Article explores the implications of technological advances on constitutional rights, specifically the intersection of the right to free speech and the right to privacy, commonly referred to as the "right to be forgotten" paradox. In the United States, the trend is to favor free speech, while Europe places an emphasis on human rights. Each approach is analyzed based on supporting case law. The consequences of each approach on society, both long- and short-term, are also discussed. This Article argues that a …
Flying Robots And Privacy In Canada, 2016 Schulich School of Law, Dalhousie University
Flying Robots And Privacy In Canada, Paul D.M. Holden
Canadian Journal of Law and Technology
Drones have been a hot topic in recent years particularly when used in war and in domestic police operations. Drones have also attracted attention because of highprofile plans to use them for package delivery, among other things. While the glamourous and future uses of drones catch media attention, drones are already being used in the private sector for more mundane purposes including surveying, infrastructure inspection and real estate sales promotion. While the privacy threats of military and police drones are widely discussed, privacy concerns of private drones have attracted much less consideration.
This paper looks at the privacy risks of …
Book Review: Jonathan Clough, Principles Of Cybercrime, 2nd Ed (Cambridge: Cambridge University Press, 2015), 2016 Schulich School of Law, Dalhousie University
Book Review: Jonathan Clough, Principles Of Cybercrime, 2nd Ed (Cambridge: Cambridge University Press, 2015), Christopher D. Ram
Canadian Journal of Law and Technology
The past decade has seen an enormous explosion of scholarship on the subject of cybercrime, as technologies and offenders pose new challenges and law enforcement, government and academic experts struggle to keep up. The new, second edition of Professor Jonathan Clough’s book occupies a fairly substantial, but specific niche in this increasingly diverse and complex landscape. Principles of Cybercrime contains only a cursory review of the history and criminology of cybercrime, it does not deal at all with IT security, investigative or enforcement matters, and discussion of cybercrime as a global issue is limited to brief discussions of the 2001 …
A Time Of Turmoil, 2016 Indiana University Maurer School of Law
A Time Of Turmoil, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynsky, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Diy Solutions To The Hobby Lobby Problem, 2016 Loyola Marymount University and Loyola Law School
Diy Solutions To The Hobby Lobby Problem, Kristin Haule
Loyola of Los Angeles Law Review
No abstract provided.
After Snowden: Regulating Technology-Aided Surveillance In The Digital Age, 2016 Georgetown University Law Center
After Snowden: Regulating Technology-Aided Surveillance In The Digital Age, David Cole
Georgetown Law Faculty Publications and Other Works
Imagine a state that compels its citizens to inform it at all times of where they are, who they are with, what they are doing, who they are talking to, how they spend their time and money, and even what they are interested in. None of us would want to live there. Human rights groups would condemn the state for denying the most basic elements of human dignity and freedom. Student groups would call for boycotts to show solidarity. We would pity the offending state's citizens for their inability to enjoy the rights and privileges we know to be essential …
The Global Data Protection Implications Of "Brexit", 2016 Indiana University Maurer School of Law
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Privacy-Privacy Tradeoffs, 2016 Columbia Law School
Privacy-Privacy Tradeoffs, David E. Pozen
Faculty Scholarship
Legal and policy debates about privacy revolve around conflicts between privacy and other goods. But privacy also conflicts with itself. Whenever securing privacy on one margin compromises privacy on another margin, a privacy-privacy tradeoff arises.
This Essay introduces the phenomenon of privacy-privacy tradeoffs, with particular attention to their role in NSA surveillance. After explaining why these tradeoffs are pervasive in modern society and developing a typology, the Essay shows that many of the arguments made by the NSA's defenders appeal not only to a national-security need but also to a privacy-privacy tradeoff. An appreciation of these tradeoffs, the Essay contends, …
Anonymization And Risk, 2016 Boston University School of Law
Anonymization And Risk, Ira S. Rubinstein, Woodrow Hartzog
Faculty Scholarship
Perfect anonymization of data sets that contain personal information has failed. But the process of protecting data subjects in shared information remains integral to privacy practice and policy. While the deidentification debate has been vigorous and productive, there is no clear direction for policy. As a result, the law has been slow to adapt a holistic approach to protecting data subjects when data sets are released to others. Currently, the law is focused on whether an individual can be identified within a given set. We argue that the best way to move data release policy past the alleged failures of …
Modern-Day Monitorships, 2016 Notre Dame Law School
Modern-Day Monitorships, Veronica Root
Journal Articles
When a sexual abuse scandal rocked Penn State, when Apple engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a Modern-Day Monitorship. Modern-Day Monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. They provide outsiders a unique source of information about the efficacy of the tarnished organization’s efforts to remediate misconduct. Yet despite their use in high-profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study and deliberate planning. Instead, Modern-Day Monitorships have been employed …
The Present Of Newsworthiness, 2016 Brooklyn Law School
The Sixth Pillar Of Anti-Money Laundering Compliance: Balancing Effective Enforcement With Financial Privacy, 2016 Brooklyn Law School
The Sixth Pillar Of Anti-Money Laundering Compliance: Balancing Effective Enforcement With Financial Privacy, Maria A. De Dios
Brooklyn Journal of Corporate, Financial & Commercial Law
The U.S. government has responded to the increase of financial crimes, including money laundering and terrorist financing, by requiring that financial institutions implement anti-money laundering compliance programs within their institutions. Most recently, the Financial Crimes Enforcement Network exercised its regulatory powers, as authorized by the Treasury Department, by proposing regulations that now explicitly add customer due diligence to the preexisting anti-money laundering regime. The policy behind the government’s legislative and regulatory measures is clear—financial institutions must ensure that they are protected from and not aiding in the illegal efforts of criminals. The complexity and insidiousness of these financial crimes makes …
The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), 2015 Chicago-Kent College of Law
The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee
Edward Lee
No abstract provided.
Employee Electronic Communications In A Boundaryless World, 2015 University of Wyoming
Employee Electronic Communications In A Boundaryless World, Robert Sprague
Robert Sprague
Copyrights, Privacy, And The Blockchain, 2015 Selected Works
Copyrights, Privacy, And The Blockchain, Tom W. Bell
Tom W. Bell
I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, 2015 Chicago-Kent College of Law
I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert H. Sloan
Richard Warner
No abstract provided.
Private Technology (Foreword), 2015 The University of Akron School of Law
Private Technology (Foreword), Daniel Harris Brean
Daniel Harris Brean
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, 2015 University of the District of Columbia
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Stephen E Henderson
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, 2015 University of Oklahoma College of Law
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Stephen E Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), 2015 University of Oklahoma College of Law