126 Harvard Law Review Forum 262 (2013) Abstract: “In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting “intellectual privacy.” Although we share his interest in recognizing and protecting privacy as a condition […]
98 Minnesota Law Review 62 (2013) Abstract: “We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all […]
3 International Data Privacy Law 74 (2013) From the article Big Data—which may be understood as a more powerful form of data mining that relies on huge volumes of data, faster computers, and new analytic techniques to discover hidden and surprising correlations—challenges international privacy laws in several ways: it casts doubt on the distinction between […]
Professional Ethics Commission Topic: The Ethics of Cloud Computing and Storage Question presented to the Commission: “Is it ethical for Maine attorneys to use cloud computing and storage for client matters?” Short answer of the Commission: “Yes, assuming safeguards are in place to ensure that the attorney’s use of this technology does not result in […]
A publication of the American Bar Association From the Article: “Encryption is a topic that most attorneys don’t want to touch with a ten-foot pole, but it is becoming a more and more important part of security. Encryption is an electronic process to protect data. It has now reached the point where all attorneys […]
State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-184 Topic: Virtual Law Office Digest of the Committee: “As it pertains to the use of technology, the Business and Professions Code and the Rules of Professional Conduct do not impose greater or different duties upon a VLO practitioner operating in the […]
97 IOWA L. REV. 809, 822-24 (2012) Considering how individuals are sharing personal data, the authors suggest the creation of the “Privacy Data Guardian”, a new profession that manages Privacy Data Vaults. The article explains the technical specification of such approach, highlighting the fiduciary relationship between client and Guardian, and recommending that the Privacy Data […]
The paper deals with “the fundamental issues concerning trans-border data flows and their consequences on applicable law.” It “consider[s] three different cases decided by the Italian data protection authority (Garante per la protezione dei dati personali).” The three decisions are the following: decision issued by the Italian DPA on 24 May 2006, doc. web n. 1299063 (see also: January 18 2006, […]
CRS Report for Congress R42649 The report describes the view of American jurisdictions on attorneys recording of conversations. In the majority of jurisdictions a “recording with the consent of one, but not all, of the parties to a conversation is not unethical per se unless it is illegal or contrary to some other ethical standard” […]
(2012) 28(3) Computer Law and Security Review 296 ABSTRACT: Mandatory data breach notification laws have been a significant legislative reform regarding unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend […]