Open Access. Powered by Scholars. Published by Universities.®

Privacy Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2,665 Full-Text Articles 2,542 Authors 991,885 Downloads 117 Institutions

All Articles in Privacy Law

Faceted Search

2,665 full-text articles. Page 1 of 70.

The Skeleton In The Hard Drive: Encryption And The Fifth Amendment, David W. Opderbeck 2019 University of Florida Levin College of Law

The Skeleton In The Hard Drive: Encryption And The Fifth Amendment, David W. Opderbeck

Florida Law Review

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decision-making in this area. This Article closely examines the Teva opinion and situates it within modern claim construction jurisprudence. The thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction, but that for unexpected reasons the case is ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School of Law, Michael M. Bowden 2019 Roger Williams University School of Law

The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern 2019 William & Mary Law School

The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern

James Y. Stern

For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually confused, but viable alternatives have been slow to emerge. This Article supplies one.

We argue that Fourth Amendment protection should be anchored in background positive law. The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. It is those actions that should be subjected to Fourth Amendment reasonableness review and the presumptive requirement to obtain a warrant. In short, Fourth Amendment protection ...


Towards Standard Information Privacy, Innovations Of The New General Data Protection Regulation, Ali ALibeigi, Abu Bakar Munir, MD Ershadulkarim, Adeleh Asemi 2019 University of Malaya

Towards Standard Information Privacy, Innovations Of The New General Data Protection Regulation, Ali Alibeigi, Abu Bakar Munir, Md Ershadulkarim, Adeleh Asemi

Library Philosophy and Practice (e-journal)

Protection of personal data in recent decades became more crucial affecting by emergence of the new technologies especially computer, internet, information and communications technology. However, Europeans felt this necessity at time and provided for up-to-date and supportive laws. The General Data Protection Regulation (GDPR) is the latest legislation in EU to protect personal data of individuals based on the recent technological advancements. However, its’ domestic and international output still is debatable. This doctrinal legal study by using descriptive methods, aimed to evaluate the GDPR through analyzing and interpreting its’ provisions by especial focus on its’ innovations. The results show that ...


(Dys)Functional Secrecy, Laura K. Donohue 2019 Georgetown University Law Center

(Dys)Functional Secrecy, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The topic we have been asked to address is how secrecy presents an obstacle to civil and criminal litigation. The underlying assumption is that suppressing information affects the judicial system in detrimental ways. At some level, this is clearly true. Any student of national security law could provide ready examples. If the government refuses to confirm or deny that an individual has been a target of surveillance, it takes little by way of imagination to understand how standing doctrine may prevent litigation from moving forward. Pari passu, classified procedures and parallel construction may prevent criminal defendants from ever being able ...


Bleeding Out: The Case For Strengthening Healthcare Client Portal Data Privacy Regulations, Matthew D. McCord 2019 University of Minnesota Law School

Bleeding Out: The Case For Strengthening Healthcare Client Portal Data Privacy Regulations, Matthew D. Mccord

Minnesota Journal of Law, Science & Technology

No abstract provided.


Centralizing Energy Consumption Data In State Energy Data Centers, Zach Sibley 2019 University of Minnesota Law School

Centralizing Energy Consumption Data In State Energy Data Centers, Zach Sibley

Minnesota Journal of Law, Science & Technology

No abstract provided.


Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William McGeveran 2019 Georgetown University Law Center

Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran

Georgetown Law Faculty Publications and Other Works

The United States famously lacks a comprehensive federal data privacy law. In the past year, however, nearly half of state legislatures have proposed or enacted broad privacy bills or have established privacy legislation task forces, while Congress has scrambled to hold hearings on multiple such proposals. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) scheduled to take effect in January 2020, California has emerged as an alternate contender in the race to set the ...


21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron 2019 University of Maryland Francis King Carey School of Law

21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron

Maryland Law Review

No abstract provided.


Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron 2019 Boston University School of Law

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle K. Citron

Faculty Scholarship

Fiction and visual representations can alter our understanding of human experiences and struggles. They help us understand human frailties and suffering in a visceral way. Nick Drnaso’s graphic novel Sabrina does that in spades. In Sabrina, a woman is murdered by a misogynist, and a video of her execution is leaked. Conspiracy theorists deem her murder a hoax. A cyber mob smears the woman’s loved ones as crisis actors, posts death threats, and spreads their personal information. The attacks continue until a shooting massacre redirects the cyber mob’s wrath to other mourners. Sabrina captures the breathtaking velocity ...


The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr 2019 George Washington University Law School

The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr

Orin Kerr

When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting ...


The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr 2019 George Washington University Law School

The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr

Orin Kerr

To one who values federalism, federal preemption of state law may significantly threaten the autonomy and core regulatory authority of The Supreme Court recently considered whether a1mmg an infrared thermal imaging device at a suspect's home can violate the Fourth Amendment. Kyllo v. United States announced a new and comprehensive rule: the government's warrantless use of senseenhancing technology that is "not in general use" violates the Fourth Amendment when it yields "details of the home that would previously have been unknowable without physical intrusion." Justice Scalia's majority opinion acknowledged that the Court's rule was not needed ...


Privacy Rights And Public Families, Khiara Bridges 2019 Boston Univeristy School of Law

Privacy Rights And Public Families, Khiara Bridges

Khiara M Bridges

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by the ...


“Hashing” In The Cloud: The Private Search Defense Is Active And Potent, Tri T. Truong 2019 Southern Methodist University, Dedman School of Law

“Hashing” In The Cloud: The Private Search Defense Is Active And Potent, Tri T. Truong

SMU Law Review

No abstract provided.


Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton 2019 University of Georgia School of Law

Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton

Georgia Journal of International & Comparative Law

No abstract provided.


Identities Lost: Enacting Federal Law Mandating Disclosure & Notice After A Data Security Breach, John Ogle 2019 University of Arkansas, Fayetteville

Identities Lost: Enacting Federal Law Mandating Disclosure & Notice After A Data Security Breach, John Ogle

Arkansas Law Review

Identity theft is real, it’s here, and consumers need protection. Over the past five years hackers have stolen billions of consumers’ sensitive information like social security numbers, addresses, and bank routing numbers from companies that have neglected their security measures. Most of the time these security breaches are easily preventable. Companies sometimes wait weeks, months, or even years to inform the customers whose information was stolen because there is no federal law that requires disclosure. As of 2018, all 50 states have adopted security breach notification laws that require companies to inform consumers that their information may have been ...


Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon 2019 University of Maryland Francis King Carey School of Law

Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon

Maryland Law Review

No abstract provided.


A New Third-Party Doctrine: The Telephone Metadata Program And Carpenter V. United States, Mary-Kathryn Takeuchi 2019 Notre Dame Law School

A New Third-Party Doctrine: The Telephone Metadata Program And Carpenter V. United States, Mary-Kathryn Takeuchi

Notre Dame Law Review

This Note will answer the question of whether bulk metadata collection is still defensible under the third-party doctrine. It ultimately concludes that Chief Justice Roberts incorrectly asserted that Carpenter v. United States will not impact the application of the third-party doctrine to collection techniques involving national security, and that the warrantless collection of bulk metadata under the Foreign Intelligence Surveillance Act is no longer defensible by the third-party doctrine. In Section I.A, this Note discusses traditional Fourth Amendment jurisprudence in Katz v. United States and the establishment of the third-party doctrine as a bright-line rule in United States v ...


A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li 2019 Notre Dame Law School

A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li

Notre Dame Law Review

In Part I, this Note discusses the concerning regularity of high-profile data breaches that have occurred within the United States’ weak and patchwork landscape of cybersecurity law. Part II discusses the challenges companies face when attempting to comply with the current cybersecurity law, and why companies who are deemed compliant are still falling victim to hackers and data breaches. Part III makes a call for federal legislation to replace the current, inadequate, fragmented, and uneven landscape of cybersecurity law. Part IV discusses numerous factors and incentives to consider in creating an omnibus federal cybersecurity law. Finally, Part V offers some ...


Digital Commons powered by bepress