Search

Over the past few years, Arkansas, California, Illinois, New York, Texas and Washington have all enacted legislation that impacts how businesses can use an individual's biometric data. As a result [...]

129 N.E.3D 1197 (ILL. 2019) In Rosenbach v. Six Flags Entertainment Corp., the Supreme Court of Illinois reversed the appellate court's holding and found that a technical violation of Illinois's [...]

The General Data Protection Regulation (GDPR) has changed European privacy rules significantly. The introduction of the concept of privacy by design (PbD) is one of these changes but many organisations [...]

PETE FORDE was a good landlord and a great friend, or so his tenants thought. Then they discovered he was filming them in their most private momentsI first met Pete [...]

On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration of an amazing new communication technology. [...]

ABSTRACT: The 2017 Equifax breach, which endangered the personal financial information of 147 million Americans, was one of the worst data breaches in U.S. history. In light of this catastrophe [...]

INTRODUCTION U.S. Immigration and Customs Enforcement (ICE) has completed contracts for access to privately maintained automated license plate reader databases. (1) Although these databases are a powerful tool for both [...]

Regulations to protect personal data don't inspire much love. Companies frequently regard them as a nuisance, a needless expense, and a hindrance to innovation. Governments think the rules should apply [...]

On March 22, 2018, Congress passed a $1.3 trillion omnibus spending bill that President Trump signed into law the following day, thus narrowly avoiding a government shutdown. (1) Included within [...]

Nearly one hundred years ago, when Judge Cardozo famously commented, "Law never is, but is always about to be," (1) he could not have anticipated the concept of "virtual assistants," [...]

Employers that use GPS technology to track their employees' locations and activity can help improve a company's efficiency and ensure compliance with labor and safety laws, however, important legal and [...]

"Privacy is not an option, and [losing] it shouldnt be the price "we accept for just getting on the Internet." (1) - Gary Kovacs, CEO of Mozilla Corporation The intersection [...]

It is a truth universally acknowledged that "[t]he organizing principle of the American law of donative transfers is freedom of disposition." (1) That is, "[p]roperty owners have the nearly unrestricted [...]

Article III limits the judicial power of the federal courts to certain "Cases" or "Controversies." (1) This, says the Supreme Court, burdens a plaintiff with proving, at the very least, [...]

Facebook received 32,716 requests for information from U.S. law enforcement between January 2017 and June 2017. (1) These requests covered 52,280 user accounts and included 19,393 search warrants and 7632 [...]

Judge Robert Bork had offered his assessment of privacy's constitutional status in scholarly tomes and congressional testimony, (1) but in the fall of 1987, the only theory of privacy that [...]

INTRODUCTIONLore has it that the internet was born on an autumn night in 1969. (1) Sitting in front of a computer at the University of California in Los Angeles, Professor [...]

TABLE OF CONTENTS I. INTRODUCTION 107 II. BACKGROUND: A BRIEF GUIDE TO FACIAL RECOGNITION 112 TECHNOLOGY A. FACIAL RECOGNITION TECHNOLOGY--A BRIEF, TECHNICAL 112 OVERVIEW B. PRIVACY IMPLICATIONS OF FACIAL RECOGNITION [...]

I. INTRODUCTIONTechnology is ever present in the ongoing global migration crisis. (1) Migrants and refugees are increasingly using mobile phones and digital features available on Facebook or Google to communicate [...], Technology, as the epitome of our contemporary society, permeates the realm of international migration. Migrants and refugees are increasingly using mobile phones and digital features available online to prepare for migration and while on the move. Concurrently, advances in computer science allow for progressively more accurate analysis of the data generated by mobile devices and online searches. In particular, big data can be used to determine specific behavioral patterns, geolocation, and human interactions. This Article investigates the implications of these technological advances for states under international human rights law. It argues that big data can and should be used as a tool for the protection of migrants' human rights by enhancing both decision-making and measures to prevent unnecessary deaths at sea, ill-treatment and human trafficking of migrants. Consequently, the article examines whether the development of new technologies can affect states' capabilities for the identification of individuals in need of protection. It posits that to the extent that protection is mandated by human rights instruments, states may have a positive obligation to use available technologies to identify and assist vulnerable migrants. It evaluates this possibility against the protection of migrants' right to life, the prohibition of torture, inhuman, and degrading treatment, and the prohibition of slavery and forced labor. In doing so, the article also emphasizes the limits and risks posed by the unrestrained use of new technologies, notably with respect to the protection of migrants' right to privacy and data protection.

In the far distance a helicopter skimmed down between the roofs, hovered for an instant like a bluebottle, and darted away again with a curving flight. It was the Police [...]

INTRODUCTION The previous two Annual Surveys reported that the Consumer Financial Protection Bureau ("CFPB") was bringing enforcement actions and issuing guidance under the Fair Credit Reporting Act ("FCRA") (1) with [...]

The new wave of class actions focused on the use of biometrics in the workplace and the potentially significant penalties for violations of the Illinois Biometric Information Privacy Act mean [...]

Despite the United States' prominence in the world of finance, its efforts to attack the root causes of money laundering are sorely lacking. Suspicious activity reports, for example, are widely [...]

ABSTRACT Mental health care in the United States is plagued by stigma, cost, and access issues that prevent many people from seeking and continuing treatment for mental health conditions. Emergent [...]

ABSTRACT The 2014 decision of the European Court of Justice in Google Spain controversially held that the fair information practices set forth in European Union (EU) Directive 95/46/EC (Directive) require [...]

I. INTRODUCTION In September 2017, the Department of Homeland Security ("DHS") announced that it would begin collecting social media information on anyone trying to immigrate to the United States. (1) [...]

INTRODUCTION The Supreme Court's landmark decision in Katz v. United States (1) changed the direction of Fourth Amendment law. There, the Court redefined "searches" as government actions that violate subjectively [...]

INTRODUCTION Cybersurveilllance intrusions necessitate a different Fourth Amendment test than the privacy test set forth by the Supreme Court in Katz v. United States (1) 50 years ago. As part [...]

INTRODUCTION For fifty years, Katz v. United States (1) has played a central role in defining both how the Fourth Amendment regulates electronic surveillance by the government and the nature [...]

INTRODUCTION Although the "reasonable expectation of privacy" test set forth in Katz represented a historic expansion of the Fourth Amendment's right to privacy, it has few defenders among privacy scholars [...]

TABLE OF CONTENTS INTRODUCTION 172 I. THE FACTS: PERSISTENT AERIAL SURVEILLANCE IN BALTIMORE 174 II. PERSISTENT AERIAL SURVEILLANCE IS AKIN TO GPS 177 MONITORING AND CONSTITUTES A SEARCH A. The [...], If Big Brother made movies, persistent aerial surveillance would be its masterpiece. Small airplanes are rigged with high-tech cameras that can continuously transmit real-time images to the ground. The aircraft is able to monitor an area of thirty square miles for ten hours at a time. This technology allows video analysts to zoom in and track the location of vehicles, and even people. It was originally designed for military use during the Iraq War, but since then, it has been adapted for civilian applications. In 2016, the Baltimore Police Department contracted with Persistent Surveillance Systems to carry out a trial run of aerial surveillance over the city. The public was not informed that they were being watched every day. The Supreme Court has long held that aerial surveillance itself does not constitute a search for the purposes of the Fourth Amendment. The persistency of this new kind of reconnaissance changes the calculus. Specialized airplanes enable law enforcement agencies to survey sizable regions for hours on end. It is precisely this power that makes persistent aerial surveillance more like constant GPS monitoring, which the Court has already considered a search. These modes of long-term observation are intrusive and violate a reasonable expectation of privacy. Police action must be analyzed over time as a collective sequence of steps, not just an individual instance. The aggregate search can qualify under the Fourth Amendment, even if the individual steps did not. This is because prolonged surveillance reveals privacies and intimate details of life that short-term surveillance does not. Repetition, indeed habit, are cornerstones of personality and identity. People may reasonably expect some form of surveillance. People may also expect those observations to remain disconnected and nondescript. This technology presents intriguing opportunities for law enforcement departments, in the investigation of crime, the presentation of evidence at trial, deterrence and crime reduction, exonerating the wrongfully convicted, and even traffic management and highway control. These advantages are not enough--and will never be enough--to avoid the command of the Constitution. Over time, the public has become more accepting of the surveillance state. The Constitution remains a counter-majoritarian check on the government. Absent probable cause and a warrant, persistent aerial surveillance is an unreasonable search that violates the Fourth Amendment.

ABSTRACT The EU General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union on May 4, 2016. (1) It will become applicable on May 25, [...]

The article discuses key changes under California's Fair Employment and Housing Act that specifically address protections for transgender persons, including equal access to use of facilities, such as restrooms. ********** [...]