Thierer_The Pursuit of Privacy in a World Where Information Control Is Failing
THE PURSUIT OF PRIVACY IN A W ORLD W HERE INFORMATION C ONTROL IS FAILING ADAM THIERER * INTRODUCTION ……………………………………………………..410 I. NORMATIVE CONSIDERATIONS : T HE CHALLENGE OF DEFINING PRIVACY …………414 A. Privacy and “the Pursuit of Happiness” ……………………………………………..414 B. On the Problem of “Creepiness” as the Standard of Privacy Harm …………….417 C. Increasing Tensions Between Privacy Rights and Online Free Speech …..421 II. ENFORCEMENT COMPLICATIONS : C ONTROLLING INFORMATION FLOWS ……………..424 A. Media and Technological Convergence […]
Thierer_A Framework for Benefit Cost Analysis in Digital Privacy Debates
2013 ] 1055 A FRAMEWORK FOR BENE FIT -COST ANALYSIS IN DIGITAL PRIVACY D EBATES Adam Thierer * INTRODUCTION Policy debates surrounding online child safety and digital privacy share much in common . Both are complicated by thorny definitional di s- putes and highly subjective valuations of “harm.” Both issues can be su b- ject […]
Swire & Lagos_Why the Right to Data Portability Likely Reduces Consumer Welfare
Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique Peter Swire & Yianni Lagos Public Law and Legal Theory Working Paper Series No. 204 May 31, 2013 This working paper series is co-sponsored by the Center for Interdisciplinary Law and Policy Studies at the Moritz College of Law This paper […]
Slobogin_Making the Most of US v Jones in a Surveillance Society
Vanderbilt University Law School Public Law & Legal Theory Working Paper Number 12 -29 Law & Economics Working Paper Number 12 -22 Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory Ch ristopher Slobogin Vanderbilt University Law School This paper can be downloaded without charge from […]
Schwartz_Information Privacy in the Cloud
(1623) ARTICLE INFORMATION PRIVACY IN THE CLOUD PAUL M. SCHWARTZ † INTRODUCTION …………………………………………………………………. 1624 I. T HE USE OF THE CLOUD ……………………………………………….. 1626 A. International Processing of Personal Data……………………………….. 1628 B. Networked Data Processes …………………………………………………. 1630 C. Modular Units and Outsourced Services ………………………………… 1632 II. T HE M ISMATCH WITH INFORMATION PRIVACY LAW ………….. 1634 […]
Schwartz_EU-US Privacy Collision
1966 THE EU-U.S. PRIVACY COLLISION: A TURN TO INSTITUTIONS AND PROCEDURES Pa u l M . S c h w a r t z ∗ I. INTRODUCTION Internet scholarship in the United States generally concentrates on how decisions made in this country about copyright law, network neu- trality, and other policy areas shape cyberspace. 1 In one important as- pect of the evolving Internet, however, a comparative focus is indis- pensable. Legal forces outside the United States have significantly shaped the governance of information privacy, a highly important as- pect of cyberspace, and one involving central issues of civil liberties. The EU has played a major role in international decisions involving information privacy, a role that has been bolstered by the authority of EU member states to block data transfers to third party nations, in- cluding the United States. 2 The European Commission’s release in late January 2012 of its proposed “General Data Protection Regulation” (the Proposed Regula- tion) provides a perfect juncture to assess the ongoing EU-U.S. privacy collision. 3 An intense debate is now occurring about critical areas of information policy, including the rules for lawfulness of personal pro- cessing, the “right to be forgotten,” and the conditions for data flows between the EU and the United States. This Article begins by tracing the rise of the current EU-U.S. pri- vacy status quo. The European Commission’s 1995 Data Protection Directive (the Directive) staked out a number of bold positions, includ- ing a limit on international data transfers to countries that lacked “ad- equate” legal protections for personal information. 4 The impact of the […]
Schwartz & Solove_Reconciling Personal Information in the US and EU
R ECONCILING P ERSONAL INFORMATION IN THE U NITED S TATES AND E UROPEAN U NION B y Paul M. Schwartz * Daniel J. Solove ** May 3, 2013 EXECUTIVE SUMMARY …………………………………………………………………………………………… 3 I. INTRODUCTION ……………………………………………………………………………………………………. 5 II. DEFINING PII ON BOTH SIDES OF THE ATLANTIC …………………………………………. 6 A. THE EU: FRO M THE DIRECTIVE […]
Kesan et al_Information Privacy and Data Control in Cloud Computing
Electronic copy available at: http://ssrn.com/abstract=2042638 Illinois Program in Law, Behavior and Social Science Research Paper No. LBSS12 -11 Illinois Public Law and Legal Theory Research Paper No. 11 -20 Information Privacy and Data Control in Cloud Computing : Consumers, Privacy Preferences and Market Efficiency Jay P. Kesan * Carol M. Hayes** Masooda N. Bashir*** *Professor, […]
Kang et al_Self-Surveillance Privacy
+ 2(,1 1/,1( Citation: 97 Iowa L. Rev. 809 2011-2012 Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Apr 23 19:15:17 2012 — Your use of this HeinOnline PDF indicates your acceptance of HeinOnline’s Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License — The search text of this PDF is generated from uncorrected OCR text. […]
Glancy_Privacy in Autonomous Vehicles
V olume 52 | N umbe r 4 Ar ticle 3 12-14-2012 , d glanc y@s cu .e du F ollo w thi s and a ddition al w orks at: h tt p://d ig it alc ommon s.l aw .s c u .e du/l aw re v ie w Thi s Symposium i s […]