Volume 96

  • 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…

  • ArticleVol. 96 · Iss. 6

    The Consent Myth: Improving Choice for Patients of The Future

    Consent has enjoyed a prominent position in the American privacy system since at least 1970, though historically, consent emerged from traditional notions of tort…

  • ArticleVol. 96 · Iss. 6

    The Pathologies of Digital Consent

    Consent permeates both our law and our lives—particularly in the digital context. Consent is the foundation of the relationships we have with search engines,…

  • ArticleVol. 96 · Iss. 6

    Trustworthy Privacy Indicators: Grades, Labels, Certifications, And Dashboards

    Despite numerous groups’ efforts to score, grade, label, and rate the privacy of websites, apps, and network-connected devices, these attempts at privacy indicators have,…

  • ArticleVol. 96 · Iss. 6

    Privacy Governance for Institutional Trust (Or Are Privacy Violations Akin to Insider Trading?)

    Currently, we frame individuals online as in a series of exchanges with specific firms, and privacy, accordingly, is governed to ensure trust within those…

  • ArticleVol. 96 · Iss. 6

    Privacy’s Past: The Ancient Concept and Its Implications for The Current Law of Privacy

    Privacy is a mysterious concept. The more apparent its significance in the real world becomes, the more obscure the core and the limitations of…

  • ArticleVol. 96 · Iss. 6

    The Ironic Privacy Act

    This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way…

  • ArticleVol. 96 · Iss. 6

    The Privacy Risks of Direct-To-Consumer Genetic Testing: A Case Study Of 23andMe And Ancestry

    Direct-to-consumer genetic testing (DTC-GT) companies have proliferated and expanded in recent years. Using biospecimens directly submitted by consumers, these companies sequence and analyze the…

  • ArticleVol. 96 · Iss. 6

    Why Sexual Privacy Matters for Trust

    Every generation has preferred modes of self-disclosure. Not long ago, lovers revealed their thoughts, desires, and secrets over the phone and in letters. Today,…

  • ArticleVol. 96 · Iss. 5

    Second-Best Criminal Justice

    Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…

  • ArticleVol. 96 · Iss. 5

    Eviscerating a Healthy Church-State Separation

    In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…

  • ArticleVol. 96 · Iss. 5

    Them Too

    Discussions of sexual misconduct often focus primarily or exclusively on the parties directly involved in sexual behavior. As a result, the discussion generally centers…