Privacy Law Commons^™

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership …

Nonconsensual Pornography: Prevention Is Key, Matthew Edward Carey

University of Colorado Law Review Forum

No abstract provided.

Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda

Faculty Scholarship

No abstract provided.

Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda

Washington Law Review

When the European Court of Justice in effect accepted a Right to Be Forgotten in 2014, ruling that a man had a right to privacy in his past economic troubles, many suggested that a similar right would be neither welcomed nor constitutional in the United States given the Right’s impact on First Amendment-related freedoms. Even so, a number of state and federal courts have recently used language that embraces in a normative sense the appropriateness of such a Right. These court decisions protect an individual’s personal history in a press-relevant way: they balance individual privacy rights against the public value …

Alexa, What Should We Do About Privacy? Protecting Privacy For Users Of Voice-Activated Devices, Anne Pfeifle

Washington Law Review

Alexa, Amazon’s digital voice assistant, and devices like it, are increasingly common. With this trend comes growing problems, as illustrated by a murder investigation in Bentonville, Arkansas. Police wanted Amazon to turn over data associated with the suspect’s Echo device, hoping it had overheard something on the night of the murder. The case sparked wide-spread interest in the privacy implications of in-home devices that record audio of users. But the biggest threat to user privacy is not that Alexa may overhear a crime—it is that law enforcement will use such devices in new ways that users are not prepared for …

Risk And Anxiety: A Theory Of Data Breach Harms, Daniel Solove, Danielle K. Citron

Faculty Scholarship

In lawsuits about data breaches, the issue of harm has confounded courts. Harm is central to whether plaintiffs have standing to sue in federal court and whether their claims are viable. Plaintiffs have argued that data breaches create a risk of future injury from identity theft or fraud and that breaches cause them to experience anxiety about this risk. Courts have been reaching wildly inconsistent conclusions on the issue of harm, with most courts dismissing data breach lawsuits for failure to allege harm. A sound and principled approach to harm has yet to emerge, resulting in a lack of consensus …

Sfr Inv.'S Pool 1, Llc V. First Horizon Home Loans, 134 Nev. Adv. Op. 4 (Feb. 1, 2018), Brendan Mcleod

Nevada Supreme Court Summaries

The Court determined that, under provisions of NRS 116.31162, when an HOA records a notice of a foreclosure sale, any subsequent buyer who purchases the property is subject to that notice that a foreclosure may be imminent.

Civil Society And Cybersurveillance, Andrew Mccanse Wright

Arkansas Law Review

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Contents

Catholic University Journal of Law and Technology

No abstract provided.

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Duke Law & Technology Review

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success. …

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

All Faculty Scholarship

No abstract provided.

Sexual Privacy, Danielle Keats Citron

Faculty Scholarship

Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in the …

Privacy Vs. Protection: Why Tracking Mobile-Device Location Data Without A Warrant Requires A Fourth Amendment Exception, Andrew Stover

Catholic University Journal of Law and Technology

No abstract provided.

Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

Reading Reflection Privacy And Security, Paul Sujith Rayi

School of Information Studies - Post-doc and Student Scholarship

No abstract provided.