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Table of Contents INTRODUCTION I. PRIVACY AND THE INTERNET OF THINGS A. The Reidentification Problem B. IoT Devices Pose Even Greater Risks C. Privacy Regulation of IoT Devices II. DMCA [...], Our Internet of Things ("IoT") devices are constantly monitoring our every move, collecting sensitive data about us in a way that we do not fully appreciate. Manufacturers of these devices have a huge financial incentive to collect as much data on us as they can, and to use and sell this data in its most identifiable form. Yet our privacy regulations currently provide no real checks on how data is collected and used by these companies. Furthermore, the Digital Millennium Copyright Act ("DMCA ") actually creates a substantial roadblock in this instance, preventing users and the government from ever finding out what data is collected and how it used by device manufacturers. To create some transparency in this system, the DMCA should be amended to include a limited circumvention exception for privacy. The proposed exception attempts to incentivize above-board behavior by device manufacturers, while allowing the government's chief privacy agency, the Federal Trade Commission ("FTC"), to have at its disposal the tools and resources required to investigate improper practices. Under this proposal, the FTC can help create binding industry standards for data collection and dissemination, aligning the DMCA with the goals in our privacy regulations and filling in the regulatory gaps our current privacy laws leave for IoT device manufacturers.

ABSTRACT Using technology, humans are receiving more and more information about the world around them via the Internet of Things, and the next area of connection will be the inside [...]

ABSTRACT AI programs make numerous decisions on their own, lack transparency, and may change frequently. Hence, unassisted human agents, such as auditors, accountants, inspectors, and police, cannot ensure that Al-guided [...]

"What is heralded as an opportunity for increased liberty must not degenerate into the denial of basic human rights and dignity." (1) THERE HAS BEEN A steady movement towards the [...]

I. INTRODUCTION 262 II. PROVIDERS OF ELECTRONIC COMMUNICATION SERVICES AND THE WARRANT 265 PROCEDURES OF THE STORED COMMUNICATIONS ACT III. THE MICROSOFT WARRANT CASE 271 IV. THE STORED COMMUNICATIONS ACT [...]

I INTRODUCTION Since the turn of the century, two important privacy torts have entered the New Zealand common law landscape. The first, established by a majority of the Court of [...], This article examines the desirable scope of the New Zealand tort of intrusion into seclusion. It begins by developing a six-part taxonomy of common law privacy interests and then, using that taxonomy as its starting point, asks which privacy interests the New Zealand intrusion tort should cover. It argues that although the intrusion tort is a very welcome addition to New Zealand common law, it is important that its parameters are clearly delineated. The best way to achieve that, it is suggested, is by recognising that unwarranted listening, watching or recording of private activities is the gravamen of the new tort.

TABLE OF CONTENTS INTRODUCTION I. INTERNATIONAL & DOMESTIC REPUTATION LAWS A. Conventions & Declarations 1. UDHR & ICCPR 2. International Convention on Migrant Workers & Convention on the Rights of [...], This paper likens the current state of reputation law to a Gordian knot, entangled in complexities and calling for novel thinking to make it relevant to our public and private lives. Its central thesis is that digital speech is ontologically different from offline speech and so calls for a more informed response to the harms it can inflict in order to determine whether legal or extra-legal mechanisms are most restorative. In spite of a wealth of international norms that address the value of personal reputation, they have had minimal influences on regional and domestic laws of the European Union and the United States, reflecting the deeply rooted cultural differences on each side of the Atlantic that shape laws of privacy and free speech. In conclusion, implications for future methods of addressing online reputational harm outside of traditional legal systems are discussed.

TABLE OF CONTENTS INTRODUCTION I. THE INVESTIGATIVE GAZE A. The Observational Gaze B. Acontextual Data C. The Predictive Gaze D. Allocating Costs and Benefits E. Two critiques 1. The critique [...], Neil Richards and Woodrow Hartzog argue persuasively that "modern privacy law is incomplete because from its inception it has failed to account for the importance of trust." We address the open question of how privacy law should "account for the importance of trust. " We combine the focus on trust with another theme: the dehumanizing effect of surveillance. As the security expert Bruce Schneier notes, "psychologists, sociologists, philosophers, novelists, and technologists have all written about the effects of constant surveillance.... It threatens our very selves as individuals. It's a dehumanizing tactic employed in prisons and detention camps. " We address the open question of why (and under what conditions) it does so. The link between the loss of trust and the dehumanizing effects of surveillance not only makes a compelling case that privacy law should preserve trust and prevent dehumanization, but also suggests how it can do so.

ABSTRACT Smart meters are integral to the health of our electric grid and are critical to a reliable, affordable, and efficient energy economy. Yet, collection of smart meter data is [...]

The Big Data revolution is upon us. Technological advances in the degree to which third parties can record information about individuals, along with increases in the use of predictive analytics, [...]

Abstract: Perfect anonymization of data sets that contain personal information has failed. But the process of protecting data subjects in shared information remains integral to privacy practice and policy. While [...]

INTRODUCTION I. THE STATUS QUO: COMPETING INTERESTS AND THE INTERNET A. The Publishee Perspective: You Can't Always Get What You Want B. The Other Side: Publishers' Rights and Interests C. [...]

Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court's assumption that requiring search warrants would be [...]

Abstract: This article investigates the continuity and transformation of the personal identity and identification legal systems in Taiwan. From 1895 to 2015, Japan and subsequently the Republic of China (ROC) [...]

Abstract It has long been discussed whether individuals should have a "right to be forgotten" online to suppress old information that could seriously interfere with their privacy and data protection [...]

"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect [...]

I. INTRODUCTION II. BACKGROUND A. Fourth Amendment Right against Unreasonable Search and Seizure 1. History of Evidence Collected in Violation of the Fourth Amendment 2. Modern Approach to Evidence Collected [...]

I. INTRODUCTION II. STUDENT INFORMATION III. CALIFORNIA AND SOPIPA IV. ALTERNATIVES TO SOPIPA V. NEW JERSEY AND STUDENT PRIVACY REFORM I. INTRODUCTION The idea of "paperless schools" is no longer [...]

I. DRONE USE A. Evolution of the Industry B. Amazon Air II. CURRENT FEDERAL CIVIL DRONE REGULATION A. The Act B. The Plan C. The Roadmap D. Rulemaking E. Special [...]

ABSTRACT Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and [...]

Americans store an overwhelming amount of sensitive, personal information online. In email accounts, social networking posts, blogs, shared pictures, and private documents, individuals store (perhaps unwittingly) the secrets and details [...]

ARTICLE CONTENTS INTRODUCTION I. EXISTING APPROACHES TO EFFECTS A. The Limited Life of Effects in the Supreme Court B. The Locational-Privacy Approach in Lower Courts C. The Contextual-Privacy Approach in [...], In addition to "persons, houses, [and] papers," the Constitution protects individuals against unreasonable searches and seizures of "effects." However, "effects" have received considerably less attention than the rest of the categories in the Fourth Amendment. Recent Supreme Court opinions on Fourth Amendment searches reintroduced the word "effects," and yet they did so without a definition of the word, an understanding of its history, or a clear doctrinal theory. In the absence of a coherent approach to "effects," many lower courts apply the standard Fourth Amendment test: they ask whether the government has violated the claimant's "reasonable expectation of privacy." However, many lower courts protect or decline to protect personal property by examining the individual's expectation of privacy in the property's physical location. These courts hold that individuals have no expectations of privacy in personal property that is unattended in public space. This Article argues that personal property in public space should receive greater constitutional protection than is provided by these cases, because of the privacy and security interests inherent in ownership and possession. The history surrounding the Fourth Amendment provides evidence that the protection against unreasonable searches and seizures was connected to the law prohibiting interferences with another's possession of personal property, including dispossession, damage, or unwanted handling. To restore this connection, this Article uses guidance from personal-property law to propose a framework for identifying Fourth Amendment interests in effects based on their qualities and environment. This intervention would grant effects the constitutional protection they deserve.

I. INTRODUCTION "Travel, in the younger sort, is a part of education; in the elder, a part of experience." (1) Time has proven these words, penned by noted English attorney [...]

The conventional wisdom that public employees enjoy greater rights by virtue of the Constitution may no longer hold true. In recent cases, the Supreme Court has analogized public and private [...]

Abstract: China has implemented comprehensive online real-name registration rules, which require Internet users to disclose their identities. Chinese national law has required most online service providers to implement real-name registration [...]

The rapid proliferation of unmanned aerial systems (UAS), commonly known as "drones", has given rise to considerable public concern about privacy and unwelcome surveillance and observation. This paper reviews some [...]

Introduction This Article updates a December 2012 Alaska Law Review article in which I examined the legal history and status of marijuana in Alaska vis-a-vis the Ravin Doctrine, a series [...], For the past forty years, Alaska has had one of the most unique marijuana laws in the United States. Under the Ravin Doctrine, adults in Alaska could use and possess a small amount of marijuana in their homes for any personal purpose. That common law rule, grounded in the Alaska Constitution's explicit right of privacy, was effectively codified in November 2014 when Alaska voters approved Ballot Measure 2: "An act to tax and regulate the production, sale, and use of marijuana." Measure 2 ushered in a new era of marijuana regulation, adding Alaska to the short list of states that permit the retail sale and use of recreational marijuana. This Article begins a discussion of this next phase of marijuana regulation in Alaska. The Article starts with a brief history of Alaska marijuana law prior to Measure 2, then summarizes the adoption and implementation of the ballot measure, including listing the marijuana-related activities now permitted, reviewing the ongoing process of developing a statewide regulatory framework, and describing the federal government's response to state-level marijuana legalization. The Article concludes with an analysis of the relationship between Measure 2 and the Ravin Doctrine, identifying new issues raised by the process of ballot initiative-led statutory legalization and finding that although Measure 2 did not clear up all of the previous grey areas surrounding marijuana regulation in Alaska, it was a significant step towards reconciling the Ravin Doctrine with Alaska's criminal marijuana laws.

ABSTRACT Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment [...]

4. The Supreme Court Steps Away Some of these policy dynamics, in which a focus on data generated too much information and not always the right kinds, and raising still [...]

Contents I Introduction II SAS v France: Facts and Proceedings A Facts B Proceedings III The Unconsidered Limitation Ground: Ordre Public A The 'Absence' of Ordre Public Arguments in SAS [...]

Abstract: The federal government claims that the Fourth Amendment permits it to search digital information on cell phones, laptops, and other electronic devices at the international border without suspicion of [...]