The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent,
2018
Brooklyn Law School
The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
Journal of Law and Policy
Most have heard the phrase “revenge pornography” via the various websites that have infiltrated the internet for the sole purpose of posting this type of content. Not only do these websites display photos and videos of the victim in their most intimate moments, but they also often include names, addresses, phone numbers, and other identifying information. While many people know what revenge pornography is, they are completely unaware of the devastating impact that revenge pornography has on victims, the majority of which are women. As a result of revenge pornography, victims often suffer from mental illnesses (depression, anxiety, suicidal ideation, …
Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies,
2018
Vanderbilt University Law School
Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, Christopher Slobogin, James W. Hazel
Vanderbilt Law School Faculty Publications
Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gatheredb iological materials ent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …
Mining For Children’S Data In Today’S Digital World,
2018
Pepperdine University
Mining For Children’S Data In Today’S Digital World, Damin Park
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Law, Metaphor, And The Encrypted Machine,
2018
Citizen Lab, Munk School of Global Affairs and Public Policy, University of Toronto
Law, Metaphor, And The Encrypted Machine, Lex Gill
Osgoode Hall Law Journal
The metaphors we use to imagine, describe, and regulate new technologies have profound legal implications. This article offers a critical examination of the metaphors we choose to describe encryption technology and aims to uncover some of the normative and legal implications of those choices. The article begins with a basic technical backgrounder and reviews the main legal and policy problems raised by strong encryption. Then it explores the relationship between metaphor and the law, demonstrating that legal metaphor may be particularly determinative wherever the law seeks to integrate novel technologies into old legal frameworks. The article establishes a loose framework …
Search Engines And The Right To Be Forgotten: Squaring The Remedy With Canadian Values On Personal Information Flow,
2018
University of Ontario Institute of Technology
Search Engines And The Right To Be Forgotten: Squaring The Remedy With Canadian Values On Personal Information Flow, Andrea Slane
Osgoode Hall Law Journal
The Office of the Privacy Commissioner of Canada (“OPC”) recently proposed that Canada’s private sector privacy legislation should apply in modified form to search engines. The European Union (“EU”) has required search engines to comply with its private sector data protection regime since the much-debated case regarding Google Spain in 2014. The EU and Canadian data protection authorities characterize search engines as commercial business ventures that collect, process, and package information, regardless of the public nature of their sources. Yet both also acknowledge that search engines serve important public interests by facilitating users’ search for relevant information. This article considers …
Textual Privacy And Mobile Information,
2018
Faculty of Law, University of Toronto
Textual Privacy And Mobile Information, Simon Stern
Osgoode Hall Law Journal
The Supreme Court of Canada’s decision in R v Marakah attempted to resolve the privacy status of text messages under section 8 of the Charter, but offered an incomplete solution because it failed to address the normative basis for protecting such communications. Despite the complexity of section 8 analysis (which itself is a product of multiple and inconsistent tests used to answer the same questions), the privacy of text messages allows for a relatively simple analysis. Normatively speaking, letters, email, and text messages all attract the same basic privacy interest, and should be treated analogously. However, if the police have …
Private Law, Fundamental Rights, And The Rule Of Law,
2018
All Souls College, University of Oxford
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
West Virginia Law Review
No abstract provided.
The Elusive Constitutional Right To Informational Privacy,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Elusive Constitutional Right To Informational Privacy, Larry J. Pittman
Nevada Law Journal
No abstract provided.
A Poor Mother's Right To Privacy: A Review,
2018
Boston University School of Law
A Poor Mother's Right To Privacy: A Review, Danielle K. Citron
Faculty Scholarship
Collecting personal data is a feature of daily life. Businesses, advertisers, agencies, and law enforcement amass massive reservoirs of our personal data. This state of affairs—what I am calling the “collection imperative”—is justified in the name of efficiency, convenience, and security. The unbridled collection of personal data, meanwhile, leads to abuses. Public and private entities have disproportionate power over individuals and groups whose information they have amassed. Nowhere is that power disparity more evident than for the state’s surveillance of the indigent. Poor mothers, in particular, have vanishingly little privacy. Whether or not poor mothers receive subsidized prenatal care, the …
The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking,
2018
Florida State University College of Law
The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams
Florida State University Law Review
Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …
Workplace Privacy In The Age Of Social Media,
2018
Cleveland-Marshall College of Law
Workplace Privacy In The Age Of Social Media, Tess Traylor-Notaro
Global Business Law Review
This note addresses the lack of adequate protections in Ohio for social media privacy laws in the workplace and compares proposed legislation in Ohio to legislation that has passed in other states. It examines the provision of the SCA including the definition of "user" and whether social media sites fall under its umbrella. It also looks at the safeguards and limitations of the SCA and how it is used to protect a private employee’s social media account. It analyzes the state statutory laws in Arkansas, Illinois, and California passed specifically to prevent employers from requesting passwords to personal Internet accounts. …
Consumer Law Immersion,
2018
Cleveland State University
Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff
Global Business Law Review
As part of Washington University School of Law’s (WashULaw) Online Master of Legal Studies (MLS) program, students attend optional weekend immersion courses at the law school in St. Louis in both the spring and fall. We recently taught a course on consumer law over the spring 2018 weekend session held on March 23-25, 2018. In attendance were twenty-two students, most of whom were enrolled in the MLS program. Several were foreign lawyers and one was an LL.M. student. This article summarizes our three-day experience and concludes with our key learnings that incorporate feedback we received from students both during and …
Prioritizing Privacy In The Courts And Beyond,
2018
Pepperdine University School of Law
Prioritizing Privacy In The Courts And Beyond, Babette Boliek
Cornell Law Review
Big data has affected American life and business in a variety of ways—inspiring both technological development and industrial change. The legal protections for a person’s right to his or her own personal information, however, have not matched the growth in the collection and aggregation of data. These legal shortcomings are exacerbated when third party privacy interests are at stake in litigation. Judicial orders to compel sensitive data are expressly permitted even under the few privacy statutes that may limit data transfers. Historically, the Federal Rules of Civil Procedure favor generous disclosure of information. But as litigation becomes more technical and …
Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information,
2018
University of Miami Law School
Privacy Regulation In The Age Of Biometrics That Deal With A New World Order Of Information, Michael Monajemi
University of Miami International and Comparative Law Review
No abstract provided.
The Role Of Stabilization Clause In Investment Contract,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
The Role Of Stabilization Clause In Investment Contract, A. Tojiboev
Review of law sciences
This article discusses the content of stabilization clauses, their types and application in investment contracts. Furthermore, in the article it is emphasized that regardless of the reasonableness of a stabilization clause, there are still theoretical and practical debates on its actual need and efficiency. Considering these facts, an author tried to give his view on efficiency of stabilization clause and its possible application in investment contracts.
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Law School Blogs
No abstract provided.
Brief Of Amicus Curiae, In Re Opinions & Orders Of This Court Addressing Bulk Collection Of Data Under The Foreign Intelligence Surveillance Act, No. Misc. 13-08 (Fisa Ct. June 13, 2018),
2018
Georgetown University Law
Brief Of Amicus Curiae, In Re Opinions & Orders Of This Court Addressing Bulk Collection Of Data Under The Foreign Intelligence Surveillance Act, No. Misc. 13-08 (Fisa Ct. June 13, 2018), Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Under separation of powers doctrine, Congress lacks the authority to pass statutes to grant, or deny, the FISC jurisdiction over its opinions. All three branches agree that FISC is an Article III court. Constitutional courts are vested with “the judicial power” of the United States, which is insulated from the other two branches. It includes the power to issue opinions disposing of cases. If the other branches could strip the courts of authority over their judgments, they would be able to manipulate the law, undermining the protections for judicial independence. The “least dangerous branch” would lose all power. All it …
Transparency And The Marketplace For Student Data,
2018
Fordham University School of Law
Transparency And The Marketplace For Student Data, N. Cameron Russell, Joel R. Reidenberg, Elizabeth Martin, Thomas B. Norton
Center on Law and Information Policy
Student lists are commercially available for purchase on the basis of ethnicity, affluence, religion, lifestyle, awkwardness, and even a perceived or predicted need for family planning services. This study seeks to provide an understanding of the commercial marketplace for student data and the interaction with privacy law. Over several years, Fordham CLIP reviewed publicly-available sources, made public records requests to educational institutions, and collected marketing materials received by high school students. The study uncovered and documents an overall lack of transparency in the student information commercial marketplace and an absence of law to protect student information.
Privacy In The Cloud: The Fourth Amendment Fog,
2018
University of Washington School of Law
Privacy In The Cloud: The Fourth Amendment Fog, Sarah Aitchison
Washington Law Review
The Cloud has changed how individuals record, store, and aggregate their personal information. As technology’s capacity for holding an individual’s most intimate details and recording day-to-day experiences increases, Fourth Amendment privacy protections become less equipped to respond to technological advances. These advances allow private companies to store an immense amount of their consumers’ personal information, and government entities to obtain that information. In response, tech companies have begun refusing to comply with government demands for information collected and stored in their devices and in the Cloud, and are increasingly ending up in court, fighting orders to disclose consumer information. A …
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?,
2018
Brooklyn Law School
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …
