The Gdpr: It Came, We Saw, But Did It Conquer?,
2019
Seattle University School of Law
The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir
Seattle University Law Review
On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.
Regulating The Gdpr: Perspectives From The United Kingdom,
2019
Seattle University School of Law
Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland
Seattle University Law Review
Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools that data protection and privacy …
Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”,
2019
Seattle University School of Law
Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben
Seattle University Law Review
Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies …
Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries,
2019
Seattle University School of Law
Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett
Seattle University Law Review
In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying U.S. consumer privacy law with a …
General Data Protection Regulation (Gdpr): Prioritizing Resources,
2019
Seattle University School of Law
General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas
Seattle University Law Review
This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?
Privacy Statements Under The Gdpr,
2019
Seattle University School of Law
Privacy Statements Under The Gdpr, Mike Hintze
Seattle University Law Review
The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared …
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet,
2019
Seattle University School of Law
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Seattle University Law Review
The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …
Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!,
2019
Seattle University School of Law
Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount
Seattle University Law Review
Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data on behalf of …
Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens,
2019
Seattle University School of Law
Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson
Seattle University Law Review
This Comment argues that the unique relationship between manufacturers, consumers, and their reinforcement learning AI systems challenges existing products liability law models. These traditional models inform how to identify and apportion liability between manufacturers and consumers while exposing litigants to low-dollar tort remedies with inherently high-dollar litigation costs.11 Rather than waiting for AI autonomy, the political and legal communities should be proactive and generate a liability model that recognizes how new AI programs have already redefined the relationship between manufacturer, consumer, and product while challenging the legal and financial burden of prospective consumer-plaintiffs and manufacturer-defendants.
Gdpr Compliance—It Takes A Village,
2019
Seattle University School of Law
Gdpr Compliance—It Takes A Village, Susy Mendoza
Seattle University Law Review
When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …
2018 Symposium Lecture: The Range Of Remedies And Responses In The #Metoo Movement,
2019
University of Richmond
2018 Symposium Lecture: The Range Of Remedies And Responses In The #Metoo Movement, Jennifer Robbennolt
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Lecture: #Metoo And Procedural Justice,
2019
University of Richmond
2018 Symposium Lecture: #Metoo And Procedural Justice, Lesley Wexler
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Lecture: Working With Victims In The Era Of #Metoo,
2019
University of Richmond
2018 Symposium Lecture: Working With Victims In The Era Of #Metoo, Megan Zwisohn
Richmond Public Interest Law Review
No abstract provided.
System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System,
2019
University of Richmond
System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi
Richmond Public Interest Law Review
The #MeToo Movement and the rise in the public consciousness of the impact of sexual violence has made abundantly clear that the legal rape reform movement that began in the 1970s was largely unsuccessful in stemming the tide of sexual violence. That movement was directed at the procedures in criminal justice system that make rape prosecutions easier for the state, but it failed to address the state’s role in enabling and perpetuating sexual violence. By failing to address those issues and by actively turning to carceral feminism, the state implemented a system in which sexual violence reporting remains low while …
Prefatory Matter,
2019
University of Richmond
Letter From The Editor,
2019
University of Richmond
Letter From The Editor, Maryann Grover
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Keynote Address,
2019
University of Richmond
2018 Symposium Keynote Address, Sharyn Tejani
Richmond Public Interest Law Review
No abstract provided.
2018 Symposium Panel Discussion: Sexual Harassment In The Workplace In The #Metoo Era,
2019
University of Richmond
2018 Symposium Panel Discussion: Sexual Harassment In The Workplace In The #Metoo Era, Kevin Woodson, Janice Craft, Kati Dean, Patty Gill, Rebecca Royals
Richmond Public Interest Law Review
No abstract provided.
Legal Changes Needed To Strengthen The #Metoo Movement,
2019
University of Richmond
Legal Changes Needed To Strengthen The #Metoo Movement, Sarah David Heydemann, Sharyn Tejani
Richmond Public Interest Law Review
The rise of the #MeToo Movement highlights the inadequacies of Title VII, the federal law that protects against employment discrimination, including sex harassment. Title VII, in its current form, does not adequately address the needs of workers, especially low-wage workers, who already face considerable obstacles to reporting their harassment. While states have made significant strides in this area, the work of advocates for change and for survivors, like the TIME’S UP Legal Defense Fund and the National Women’s Law Center, is necessary so that the federal government follows suit to ensure Title VII works for all workers. In this article, …
Vicarious Trauma In Public Service Lawyering: How Chronic Exposure To Trauma Affects The Brain And Body,
2019
University of Richmond
Vicarious Trauma In Public Service Lawyering: How Chronic Exposure To Trauma Affects The Brain And Body, Megan Zwisohn, Wayne Handley, Danielle Winters, Alyssa Reiter
Richmond Public Interest Law Review
Each day, attorneys and other service providers are subject to trauma. By the nature of the profession, they work with victims of crime, victims of poverty, and victims of discrimination. While attorneys do not personally experience this victimization, they do often internalize it and revisit it in case preparation. As a result, attorneys, particularly those in public interest roles, regularly experience, burnout, compassion fatigue, and vicarious trauma. These factors can negatively impact attorneys neurological and physiological functioning, causing them harm and potentially causing harm to their client or their client’s case. For these reasons, it is critically important for attorneys …
