Posts tagged with: "privacy"
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15 Apr 2010, 8:24 pm by Daniel Solove
I can’t help but note that there are quite a few cases on the U.S. Supreme Court calendar involving privacy law: City of Ontario v. Quon (Fourth Amendment, electronic communications of government employees) (my thoughts are here) NASA v. Nelson (constitutional right to information privacy) (my thoughts are here and here) Snyder v. Phelps (intentional infliction of emotional distress, intrusion upon seclusion) (my thoughts are here and here) Sadly, though, only in 1 of the 3 cases above do I think… [read post]
4 Aug 2010, 4:01 pm by Daniel Solove
Despite many objections, the TSA has been moving forward on using new airport body scan machines that show people’s naked bodies.   I blogged about these machines here.  “Never fear,” they told us.  “We care about privacy.  We really care!  And so we promise we won’t store the images.” So much for that promise.   From CNET: For the last few years, federal agencies have defended body scanning by insisting that all images will be discarded as soon as they’re viewed. The… [read post]
2 Dec 2011, 12:14 pm by Wanita Scroggs
Unpopular Privacy: What Must We Hide?, By Anita L. Allen. Oxford University Press, 2011, 259 pages inclusive of endnotes and index. Hardbound, $35. Professor Allen, Professor of Law and Philosophy at the University of Pennsylvania Law School, specializes in ethics and philosophy of law. This monograph will be a good addition to any academic law collection that is seeking to enhance its holdings on privacy and the law. She begins by admitting that she does write from a feminist liberal perspective… [read post]
15 Apr 2012, 8:55 pm by Peter Swire
(Partial disclaimer - I do teach the privacy torts for part of one class, just so the students realize how narrow they are.) I was talking the other day with Chris Hoofnagle, a co-founder of the Privacy Law Scholars Conference and someone I respect very much. He and I have both recently taught Privacy Law using the text by Dan Solove and Paul Schwartz. After the intro chapter, the text has a humongous chapter 2 about the privacy torts, such as intrusion on seclusion, false light, public revelation… [read post]
8 Mar 2013, 11:09 pm by legalinformatics
Dr. Thomas F. Gordon of Fraunhofer Institute for Open Communications Systems (FOKUS) tells us that a call for papers has been issued for a special issue of the journal Artificial Intelligence and Law on the topic, “Computational Methods for Enforcing Privacy and Fairness in the Knowledge Society”. The submission deadline is 15 April 2013. Here is an excerpt from the call: We invite contributions on methodologies, techniques, algorithms, and tools in support of the analysis or of the… [read post]
17 Sep 2012, 5:33 pm by Paul Karlsgodt
Reuters contributor Alison Frankel authored an insightful column published August 20, 2012 entitled Foretelling the End of Money-for-Nothing Class Actions, that touches on issues similar to those raised by Brian Wolfman in two recent articles summarized in this August 15 CAB post.  In her column, Frankel comments on a recent trend, particularly in data privacy class actions, where large fee awards are requested in settlements for which no meaningful relief is provided to class… [read post]
25 Mar 2013, 9:17 am by legalinformatics
Some legal informatics papers or panels are included in the program for the 2013 We Robot Conference, to be held 8-9 April 2013 at Stanford Law School, in Stanford, California, USA: Panel: Law as Algorithm Speakers: Peter Asaro, Lisa Shay, Woodrow Hartzog Moderator: Harry Surden Related Papers: On Implicit and Explicit Legal Requirements for Human Judgment Do Robots Dream of Electric Laws? An Experiment in Law as Algorithm [...] Panel: Designing Values Speakers: Ergun Calisgan, AJung Moon, Aneta… [read post]
5 Nov 2012, 12:43 pm by Daniel Solove
This Friday, November 9th, I will be introducing and participating in the Harvard Law Review’s symposium on privacy and technology.  The symposium is open to the public, and is from 8:30 AM to 4:30 PM at Harvard Law School (Langdell South). I have posted a draft of my symposium essay on SSRN, where it can be downloaded for free.  The essay will be published in the Harvard Law Review in 2013.  My essay is entitled Privacy Self-Management and the Consent Paradox, and I discuss what I call the… [read post]
2 Oct 2010, 8:01 am by Jim Harper
The details of Tyler Clementi’s case are slowly revealing themselves. He was the Rutgers University freshman whose sex life was exposed on the Internet when fellow students Dharun Ravi and Molly Wei placed a webcam in his dorm room, transmitting the images that it captured in real time on the Internet. Shortly thereafter, Clementi committed suicide. Whether Ravi and Wei acted out of anti-gay animus, titillation about Clementi’s sexual orientation, or simply titillation about sex, their actions… [read post]
10 Mar 2010, 5:42 am by Daniel Solove
I’ve been meaning to announce, but keep forgetting to get around to it, that my article with Neil Richards was recently published — Rethinking Free Speech and Civil Liability, 109 Columbia Law Review 1650 (2009).  Here’s the abstract: One of the most important and unresolved quandaries of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. When speech results in civil liability, two starkly opposing rules are potentially applicable.… [read post]
26 Feb 2012, 4:01 pm by Travis Crabtree
In part one, we talked about whether you need a Written Information Security Plan or WISP and the importance of the March 1, 2012, deadline for vendor compliance. Now, we discuss what exactly is in a WISP? Generally speaking, it is supposed to cover the development, implementation, maintenance and monitoring of the collection and use of personal information. It is a written policy that designates a person in charge, places safeguards in place to prevent data breaches and outlines a procedure if one… [read post]
5 Jan 2013, 11:56 am by Cynthia Sanders
Keeping your Facebook images private is a confounding problem. Ask Mark Zuckerberg’s sister Randi who couldn’t make sense of  FB’s privacy settings. Kashmir Hill, a privacy commentator at Forbes posted a funny analysis of the Zuckerberg predicament and easy to follow directions on how to adjust your settings to keep family photos more private. The settings are easy once you know where to look. User posting behavior sometimes doesn’t match with User privacy… [read post]
2 Aug 2010, 9:34 am by Jeff Jonas
As mankind deploys increasing numbers of sensors, and makes more sense of this data, more of our secrets are revealed.  In a world of greater transparency, will you be able to be you?  Or will you feel obligated to mask who you are, drawn to the safety of the center of the bell curve? Will a more transparent society make you average? Imagine for a moment that video feeds from street surveillance cameras are the blue puzzle pieces, your path through life lit up by your cell phone location as the… [read post]
1 Jun 2010, 8:31 pm by legalinformatics
A revised version of my post entitled Context and Legal Informatics Research has been published on the VoxPopuLII Blog, published by the Legal Information Institute at Cornell University Law School. The post was originally published on Slaw, the Canadian legal blog. Thanks to Slaw’s editor, Professor Simon Fodden, for granting permission to repost. Here is the introduction: The relationship of legal information to context is a key dimension of recent developments in legal informatics scholarship… [read post]
17 Jan 2013, 3:46 pm by Ryan Blaney
On January 17, 2013, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced the final omnibus rule that among other things (1) increases patient privacy protections; (2) provides individuals with new rights to receive a copy of their electronic medical record in an electronic form;  and (3) provides individuals with the right to instruct their provider not to share their information about their treatment with their health plan when they pay in cash.  The new… [read post]
15 Dec 2009, 1:02 pm by Hunton & Williams LLP
A class action complaint filed on December 9, 2009, in Illinois federal court alleges that WideOpen West, Finance, LLC ("WOW"), an Internet service provider, violated its users' privacy by "installing spyware devices on its broadband networks."  Valentine v. WideOpen West (N.D. Ill., No. 1:09-cv-07653).  This action against WOW follows the October 6, 2009, dismissal by a district court in California of similar claims against six out-of-state ISP defendants (including WOW) filed in November 2008 by… [read post]
30 Sep 2012, 5:12 am
Illinois has become the third state to enact a law that pertains to social media privacy. Earlier this year, Maryland enacted a law that protects employers, employees, and job applicants and Delaware enacted a law that protects schools, students, and prospective students. HB 3782 is now Public Act 097-0875 and will go into effect on January 1, 2013. The bill is modeled after Maryland's groundbreaking social media privacy legislation that became the first law in the country to specifically… [read post]
29 Nov 2012, 1:09 pm by
Privacy law may soon catch up with the reality of the Digital/Social Media Age.  Today, the U.S. Senate Judiciary Committee voted to amend the Electronic Communications Privacy Act (ECPA) to require that law enforcement officials obtain a warrant  before they access a suspect's personal digital account. This is the first step in what may become a fundamental change in digital privacy for the United States.  The amendment still needs to be passed by the full Senate and then be… [read post]
17 Jan 2013, 3:46 pm by Ryan Blaney
On January 17, 2013, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced the final omnibus rule that among other things (1) increases patient privacy protections; (2) provides individuals with new rights to receive a copy of their electronic medical record in an electronic form;  and (3) provides individuals with the right to instruct their provider not to share their information about their treatment with their health plan when they pay in cash.  The new… [read post]
10 Dec 2009, 8:09 am by Hunton & Williams LLP
On Monday, December 7, the Federal Trade Commission began a three-part series of roundtables collectively entitled "Exploring Privacy."  The conference opened with a presentation by Richard M. Smith featuring data flow charts he developed with FTC staff to illustrate the current “personal data ecosystem” and how personal information moves in various online and offline contexts.  The charts that served as the basis for his discussion (available here) offer a sense of the FTC’s understanding… [read post]