Cornell University law professor Michael C. Dorf comments on a recent decision by the Supreme Court of India in which that court ruled that the Constitution of India protects a right of privacy. Dorf explains the significance of the decision not only for the largest democracy in the world, but also for people in other constitutional democracies, including the United States.
Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the decreased privacy of the modern world, as recently illustrated by the very public identification of some of the alt-right demonstrators in Charlottesville, Virginia, from photos and videos of the rally. Grossman and Friedman point out that technology is making anonymity a thing of the past and that only affirmative legislative changes, such as recognition of a “right to be forgotten,” can alter that course.
Cornell University law professor Sherry Colb comments on a recent decision by the Court of Appeals of Indiana, holding that police violated their suspect’s Fourth Amendment rights by acquiring, without a warrant, the suspect’s cell site information from his cell phone provider. Colb explains the Indiana court’s reasoning and discusses the evolving law regarding people’s privacy expectations in information their cell phones store and transmit.
Hofstra University law professor Joanna Grossman comments on a recent lawsuit by Charlie Sheen’s ex-fiancée seeking damages for Sheen’s failure to disclose his HIV status. Grossman discusses the nature of the complaint filed and describes how civil and criminal laws must balance the right of individuals to sexual privacy against interests such as public health.
Cornell University law professor Sherry F. Colb comments on a finding by the U.S. Department of Education Office for Civil Rights that an Illinois school district had violated anti-discrimination laws by barring a transgender girl from showering and changing in the girls’ locker room without restrictions. Colb argues that perhaps the best solution for everyone may be to have individual showers for everyone, rather than singling out a single person or disregarding the privacy concerns of everyone.
Cornell University law professor Sherry Colb analyzes a recent decision by the U.S. Court of Appeals for the Sixth Circuit holding that when a person with a cellphone inadvertently calls a third party, thereby exposing personal communications, the caller retains no reasonable expectation of privacy in the matters disclosed for purposes of the federal Wiretap Act.
University of Washington law professor Anita Ramasastry discusses a new type of mobile app that maps illness in much the same way other apps map weather patterns and warns of the privacy implications these apps pose.
University of Washington law professor Anita Ramasastry discusses a proposal tentatively approved by the U.S. Department of Transportation that would allow airlines to collect consumers’ personal data for the purpose of personalizing fare quotes. Ramasastry cautions that the proposal has significant privacy and discrimination risks and that we need more information, more transparency, and better safeguards before proceeding with it.
Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the ways in which legislation can (and cannot) address the phenomenon of “revenge porn.” Grossman and Friedman point out that while the similar offense of blackmail has existed for many years, only recently, with the aid of the Internet, has this new form of harassment become a serious issue for lawmakers to consider.
Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman comment on a recent decision by the Texas Court of Criminal Appeals striking down that state’s law against “improper photography.” Grossman and Friedman describe other similar laws in other states and discuss the challenges legislatures have faced in crafting such laws to include highly inappropriate violations of privacy without running afoul of the First Amendment.
In light of recent events in Ferguson, Missouri, Cornell University law professor Michael Dorf weighs the benefits and costs of equipping police officers with wearable cameras to record encounters with citizens. Dorf concludes that while there are some risks inherent in the practice, it would be a good first step toward reducing the frequency of tragedies resulting from police–citizen confrontations.
University of Washington law professor Anita Ramasastry discusses the growing personal use of unmanned aerial vehicles (colloquially known as drones) by individuals for spying and other nefarious reasons. She points out that most attention toward drones has focused on their use by the government, but their use by private citizens is increasingly becoming a concern. She discusses existing laws that might cover their use and proposes other ways the law can protect our privacy from individuals with high tech equipment like drones.
Hofstra law professor Joanna Grossman comments on a federal lawsuit by a conservative group seeking to “expose” the U.S. Department of Justice as having been taken over by gay and lesbian employees. Grossman compares the attempt to 1950s-era McCarthyism and the largely successful effort to purge the federal government of gays and communists at that time. She argues that the district court in this case correctly found that the DOJ was justified in refusing to release sensitive documents pertaining to the sexual orientations of its employees.
Hewlett Packard (HP) has unveiled a new mobile app that retailers can use to stalk people as they shop, to send them targeted ads and promotions. Called SmartShopper, it was unveiled at the Interop conference in Las Vegas at the end of March. It has the ability to send location-based smartphone offers to customers’ iPhones in real time. Promoted by Meg Whitman, CEO of HP, as a way for retailers to monetize their networks and build “tighter relationships with their customers,” this is not the first time that so-called stalker apps have been in the news as being intrusive of consumer privacy. Here, Justia columnist and U. Washington law professor Anita Ramasastry looks at two recent examples of so-called stalker-shopper apps, and legislative attempts to address these new ways of tracking our movements and behavior.
Justia columnist and U. Washington law professor Anita Ramasastry comments on a situation involving Mike Seay and his wife, who have been mourning the loss of their daughter, Ashley, for just under a year. Last week, the Seays received an unwelcome reminder of Ashley’s untimely passing in the mail: It came in the form of a flier from the office supply store OfficeMax, addressed to Ashley’s father, in these words: ”Mike Seay, Daughter Killed in Car Crash.” In addition to that egregious incident, Ramasastry also discusses the growing phenomenon of data aggregation, and the fact that the large-scale collection of data leads to harmful consequences for consumers when companies keep tabs on us in ways that are unrelated to our ordinary commercial transactions, as the Seays painfully learned.
Justia columnist and former counsel to the president John Dean comments on the ongoing importance of Edward Snowden, whose spectacular leaking of National Security Agency (NSA) secrets continues to have profound implications, in a set of specific ways that Dean describes. Accordingly, Dean argues that Snowden’s should be deemed the key legal story of 2013 and very likely that of 2014, too. Dean also compares what Snowden should do now, with what Daniel Ellsberg did after revealing the Pentagon Papers.
Justia columnist and U.Washington law professor Anita Ramasastry comments on the world of big data, in which, as our data gets resold, recombined, and repurposed, we often have little idea what companies have data about us, where a given company may have initially obtained that data, and what that data will be used for in the future. Ramasastry argues that regulation in this area is sorely needed, and discusses the recent GAO report on the issue.
Justia columnist and U. Washington law professor Anita Ramasastry comments on a Utah bill that, if passed, would allow teens to erase their social-media footprints permanently. Ramasastry notes that teens can have their juvenile criminal records sealed, and can repudiate contracts they have signed. Thus, she notes, there are precedents under which minors are treated differently from adults under the law. Ramasastry also covers related events in California, and notes that we should focus, too, on how social-media postings can, and cannot, be able to be legally used in the future, especially when jobs and credit are concerned.
Justia columnist and University of Washington law professor Anita Ramasastry comments on a Southern California school district’s decision to retain a private firm to search the Web and look for public posts, photos, tweets, and other communications made by its students. The district’s stated purpose for retaining the firm is to prevent students from harming others—and, in particular, to stop cyberbullying. But Ramasastry notes that the company that does the monitoring also finds out a lot of other information about students, as well.
Justia guest columnist and Northwestern law professor Joseph Margulies offers an interesting perspective on the controversies raised by the classified information leaked by Bradley Manning and Edward Snowden. Margulies asks what it reveals about ourselves and our life and times that Manning and Snowden, two anonymous functionaries in the vast machinery of the American military complex, have—within three years of each other—committed both the largest and apparently most important unauthorized releases of classified material in American history?