Privacy Law Commons^™

Blockchain Versus Data Protection, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Expanding The Artificial Intelligence-Data Protection Debate, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod

Scholarly Articles

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested the rights cannot be taken away or retrospectively altered.1 Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …

Corporate Cybersecurity: The International Threat To Private Networks And How Regulations Can Mitigate It, Eric J. Hyla

Vanderbilt Journal of Entertainment & Technology Law

Cyberattacks are occurring at an accelerating pace. Foreign nations are increasingly utilizing hacking as a tool for economic gain, acts of aggression, or international political expression. At risk are US consumers'personal data, private firms' bottom line, and the economies'integrity. In response, federal and state lawmakers have issued a series of disparate, uncoordinated policies seeking to strengthen cybersecurity practices. However, recent events indicate that these policies are less than ideal. This Note suggests that a unified response to cybersecurity is required and calls for the establishment of a single, central federal agency with authority over all cybersecurity regulations. Such an agency …

Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes

Oklahoma Law Review

No abstract provided.

United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan

Oklahoma Law Review

No abstract provided.

Ferpa Close-Up: When Video Captures Violence And Injury, Kitty L. Cone, Richard J. Peltz-Steele

Oklahoma Law Review

No abstract provided.

United States V. Lambis: A Good Call For Cellphones, Cell-Site Simulators, And The Fourth Amendment, Kathryn E. Gardner

Oklahoma Law Review

No abstract provided.

What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin

Articles & Chapters

In law’s visual economy our commitment to justice grows out of a renewed encounter with an interior libidinal source whose ongoing collective investment binds us to the nomos in which we live. We experience this corporeal bond in paintings, films, and video images on screens large and small. In the ethically inflected aesthetic of post-secular jurisprudence, justice is to law as beauty is to art. As distant as an abstract expressionist canvas, as close as any neighbor, or indeed any screen on which the neighbor becomes real to us. That is where we behold the source and instantiation of law’s …

Privacy, Notice, And Design, Ari Ezra Waldman

Articles & Chapters

Design configures our relationship with a space, whether offline or online. In particular, the design of built online environments can constrain our ability to understand and respond to websites’ data use practices or it can enhance agency by giving us control over information. Design, therefore, poses dangers and offers opportunity to protect privacy online. This Article is a comprehensive theoretical and empirical approach to the design of privacy policies.

Privacy notices today do not convey information in a way understandable to most internet users. This is because they are designed without the needs of real people in mind. They are …

Designing Without Privacy, Ari Ezra Waldman

Articles & Chapters

In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine. As such, if we want the mobile apps, websites, robots, and smart devices we use to respect our privacy, we need to institutionalize privacy throughout the corporations …

Are Anti-Bullying Laws Effective?, Ari Ezra Waldman

Articles & Chapters

Since 2010, when several high profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all 50 states have passed laws that address bullying among the nation’s youth. This essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying. There are only 4 published studies on the relationships between law and bullying rates. This Essay adds several features to the discourse. It offers a comprehensive analysis of the contents of state anti-bullying laws, using a 16-item list of guidelines from the United States Department of Education as a frame. …

The Case Against Idealising Control, Woodrow Hartzog

Faculty Scholarship

Seemingly everyone, from scholars, industry, and privacy advocates to lawmakers, regulators, and judges seems to have settled on the idea that the key to privacy is control over personal information. But in practice, there is only so much a person can do. Control is far too precious and finite of a concept to meaningfully scale. It will never work for personal data mediated by technology.

Now we have an entire empire of data protection built around the crumbling edifice of control. The idealisation of control in modern data protection regimes like the GDPR and the ePrivacy Directive creates a pursuit …

Body Cameras And The Path To Redeem Privacy Law, Woodrow Hartzog

Faculty Scholarship

From a privacy perspective, the movement towards police body cameras seems ominous. The prospect of a surveillance device capturing massive amounts of data concerning people’s most vulnerable moments is daunting. These concerns are compounded by the fact that there is little consensus and few hard rules on how and for whom these systems should be built and used. But in many ways, this blank slate is a gift. Law and policy makers are not burdened by the weight of rules and technologies created in a different time for a different purpose. These surveillance and data technologies will be modern. Many …

Robotic Speakers And Human Listeners, Helen Norton

Publications

In their new book, Robotica, Ron Collins and David Skover assert that we protect speech not so much because of its value to speakers but instead because of its affirmative value to listeners. If we assume that the First Amendment is largely, if not entirely, about serving listeners’ interests—in other words, that it’s listeners all the way down—what would a listener-centered approach to robotic speech require? This short symposium essay briefly discusses the complicated and sometimes even dark side of robotic speech from a listener-centered perspective.

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

Publications

No abstract provided.

Privacy's Double Standards, Scott Skinner-Thompson

Publications

Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections.

This Article unearths disparate outcomes in public disclosure tort …

Data Collection, Ehrs, And Poverty Determinations, Craig Konnoth

Publications

Collecting and deploying poverty-related data is an important starting point for leveraging data regarding social determinants of health in precision medicine. However, we must rethink how we collect and deploy such data. Current modes of collection yield imprecise data that is unsuited for research. Better data can be collected by cross-referencing other sources such as employers and public benefit programs, and by incentivizing and encouraging patients and providers to provide more accurate information. Data thus collected can be used to provide appropriate individual-level clinical and non-clinical care, and to systematically determine what share of social resources healthcare should consume.

Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.