Privacy Law Commons^™

Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm

Maryland Law Review

No abstract provided.

In Defense Of The Long Privacy Statement, Mike Hintze

Maryland Law Review

No abstract provided.

Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer

Seattle University Law Review

Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws—including HIPAA …

Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum

Georgia Journal of International & Comparative Law

No abstract provided.

Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law

University of Michigan Journal of Law Reform

This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.

Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris

Missouri Law Review

One of the great advantages of living in a free society is the enjoyment of general privacy and freedom from unwarranted interference in one’s personal affairs. This advantage benefits citizens in both their private and public interactions. For example, it is expected one could drive to the store across town, the mall in a neighboring city, or somewhere on the other side of the country uninterrupted and unhindered. The Fourth Amendment to the United States Constitution codifies this privacy expectation as a right to be enjoyed by all within its reach. Specifically, the Fourth Amendment protects against “unreasonable searches and …

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Maryland Law Review

No abstract provided.

Disentangling The Right Of Publicity, Eric E. Johnson

Northwestern University Law Review

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is.

This Article explains how, in the absence of a clear enunciation of its …

Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard

Catholic University Journal of Law and Technology

This note argues that the current framework that governs health care applications and consumer privacy is slacking and outlines strategies to ensure protection against third party accessibility of information that consumers deem private.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin

Catholic University Journal of Law and Technology

337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders. Because of the international impacts of Section 337 and the injunctive nature of its remedies, the application of the statute has profound impacts on the trade between U.S. and other countries.

China is a country that has enormous trade with the U.S and imports large amounts of goods to the U.S. each year. Moreover, the weak intellectual property protection in China has been a serious …

Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin

Catholic University Journal of Law and Technology

No abstract provided.

Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini

Catholic University Journal of Law and Technology

No abstract provided.

How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel

Catholic University Journal of Law and Technology

The article focuses on two Supreme Court decisions, King v. Burwell and FCC v. Fox Televisions Stations, Inc., that provide diametrically different models for how deferential a court should be when it reviews administrative action. The former case addresses how deferential a court should be for an agency’s statutory interpretation of an ambiguous statute for a question that has significant economic and political effects but Congress had not expressly delegated the question to the agency. The latter case addresses how deferential a court should be when an agency’s changes a policy that is within its statutory authority. These two …

#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu

Catholic University Journal of Law and Technology

No abstract provided.

Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary, Christopher Terry

Catholic University Journal of Law and Technology

Following the appearances of presidential candidates Donald Trump, Bernie Sanders and Hillary Clinton on episodes of Saturday Night Live, local television affiliates were required to upload documents related to the appearances to the FCC’s online public file database. After discussing the FCC’s database, the Bona Fide News Exception and the modern application of Section 315’s Equal Time Requirements, this study examines the compliance by the local NBC affiliates in the top 100 television markets with the public file requirements for candidate appearances and subsequent equal time requests as a test of station compliance with the requirements of the FCC’s online …

Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross

Catholic University Journal of Law and Technology

This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial revolution, …

Masquerading Sanity: Crimes, Violence And Victimization On The Internet, Heath Grant, Cathryn Lavery

Publications and Research

The world of cybercrime has transformed significantly over the past ten or twenty years. Early concerns focused on the vulnerability of the financial industry, including the crimes of identity theft and hacking. However, in recent years, cybercrime has evolved to include crimes of harassment, child pornography, rape, “cyberterrorism” and even murder. This work examines an emerging form of violent crime involving the internet: Social Media Victim Targeting Networks (SVTN). The anonymity and limited available law enforcement on social media sites leaves predators with a large pool of vulnerable victims provide predators a new way to display and strengthen their criminological …

Data Flow Maps—Increasing Data Processing Transparency And Privacy Compliance In The Enterprise, Jeremy Berkowitz, Michael Mangold, Stephen Sharon

Washington and Lee Law Review Online

In recent years, well-known cyber breaches have placed growing pressure on organizations to implement proper privacy and data protection standards. Attacks involving the theft of employee and customer personal information have damaged the reputations of well-known brands, resulting in significant financial costs. As a result, governments across the globe are actively examining and strengthening laws to better protect the personal data of its citizens. The General Data Protection Regulation (GDPR) updates European privacy law with an array of provisions that better protect consumers and require organizations to focus on accounting for privacy in their business processes through “privacy-by-design” and “privacy …