Topic
Data Privacy
Posts
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ArticleVol. 99 · Iss. 3
A Duty of Loyalty for Privacy Law
ABSTRACT Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their…
Neil Richards & Woodrow Hartzog -
NoteVol. 99 · Iss. 2
The Rise of the Data-Opoly: Consumer Harm in the Digital Economy
Introduction Our antitrust laws are a product of their time. Beginning in the 1870s, fundamental changes in transportation, communications, population growth, production technology, business…
Benjamin Fischer -
NoteVol. 99 · Iss. 1
Laws and Taxes and Big Tech, Oh My! The Case for a Federal Excise Tax on Targeted Digital Advertisements Created by Use of Personally Identifiable Data
Introduction Though there is no overt subscription fee for using “free” online platforms like Facebook, it is well established there is a hidden, continuous…
Alida Babcock -
Online2021
Free the Data! The Scramble to Access Data in Light of Schrems I & II
Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University.…
Charlotte Young -
ArticleVol. 94 · Iss. 6
The Third-Party Doctrine and the Future of the Cloud
When the government seeks electronic documents held in the cloud, what legal standard should apply? This simple question raises fundamental questions about the future…
Neil Richards -
ArticleVol. 94 · Iss. 5
Policing Predictive Policing
Predictive policing is sweeping the nation, promising the holy grail of policing—preventing crime before it happens. The technology has far outpaced any legal or…
Andrew Guthrie Ferguson -
NoteVol. 94 · Iss. 4
Closing the Financial Privacy Loophole: Defining “Access” in the Right to Financial Privacy Act
There is a hole in Fourth Amendment protection that is teetering on the verge of rapid expansion. The omnipresence of technology in the 21st…
W. Faith McElroy -
ArticleVol. 94 · Iss. 1
Antitrust in Zero-Price Markets: Applications
“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…
John M. Newman -
ArticleVol. 95 · Iss. 6
Candides and Cassandras: Technology and Free Speech on the Roberts Court
John Roberts assumed his position as Chief Justice of the United States just prior to the commencement of the October 2005 Term of the…
Ashutosh Bhagwat -
NoteVol. 95 · Iss. 2
How Lambis and CSLI Litigation Mandate Warrants for Cell-Site Simulator Usage in New York
Over the years, various federal, state, and local law enforcement agencies have enjoyed the growth and development of technology in aiding their efforts to…
Cindy D. Ham -
ArticleVol. 95 · Iss. 1
Privacy, Poverty, and Big Data: A Matrix of Vulnerabilities for Poor Americans
This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the…
Mary Madden, Michele Gilman, Karen Levy & Alice Marwick -
ArticleVol. 96 · Iss. 6
Safe Social Spaces
Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge…
Ari Ezra Waldman