In the second article of a four part series, Daniel J. Solove explains how the law is struggling to deal with privacy and data security harms.
The International Privacy Law Library on WorldLII has been expanded. The Library’s 32 databases include about 3,600 decisions of 13 privacy and data protection authorities, from New Zealand, Ireland, the United Kingdom, Hong Kong, Australia, Korea, Macau, Mauritius, the United States and the European Union.
Criminal law expert Ken Strutin’s article addresses how DNA forensics is about information, privacy and the presumption of innocence. It has become the determinant for identification, solving cold cases and exonerating the innocent. Strutin describes that at its core, it is an inestimable library of personal data. Due to the increasingly important role of Personally identifiable information (PII), courts and legislatures have been attempting to balance the interests of the individual in protecting their genetic information with the usefulness and necessity of that same data for criminal investigation. Strutin notes clearly that any DNA or forensic database is a composite of intertwined informational and legal values that pose competing and conflicting questions about the analytics (accuracy, reliability and validity) of the data and the lawfulness (constitutionality) of its gathering. His article collects recent notable decisions and scholarship appearing in the aftermath of Maryland v. King.
Professor Annemarie Bridy challenges the increasingly common use of mandatory Facebook login for Internet users trying to gain access to a third-party service – including posting comments to news stories, as well as viewing white papers, studies, reports and other documents.
Marcus P. Zillman’s guide is a comprehensive, timely and actionable resource inclusive of a wide range of privacy resources for individuals as well as organizations. His guide includes references to associations, indexes, search engines as and topical websites and sources that provide current applications, information and resources on the salient topic of privacy and how it relates to your use of the internet and social media.
Ken Strutin brings attention and focus to the fact that dog detection at airports for contraband, in traffic stops for narcotics, at fire scenes for accelerants and at suspect lineups are playing an increasingly important role in criminal investigations. At the same time, Ken documents that the thresholds of olfactory detection continue to test the limits of privacy, probable cause and due process. Recently, the U.S. Supreme Court decided two cases involving animal assisted investigation. The fallout from these decisions will add to the evolving body of case law in federal and state courts as they continue to sort out the constitutional limits of this type of investigation.
Marcus P. Zillman’s guide is a comprehensive listing of both free and low cost privacy resources currently available on the Internet. It includes associations, indexes and search engines, as well as websites and programs that provide the latest technology and information on Web privacy. This guide will help facilitate a safer interactive environment for your email, your internet browsing, your health records, your data storage and file sharing exchanges, and internet telephony.
David Rothman proposes that the time may be fast upon us for libraries — perhaps allied with academic institutions, newspapers and other local media — to start their own more trustworthy Facebook. His involvement with the Digital Public Library of America provides a reference point and support for the integral role that this new model of virtual connectivity and knowledge sharing can play moving forward.
Well known graphic artists Jake O’Neil and Spencer Belkofer created this infographic out of a sense of urgency to visualize the salient information with as many communities as possible. This bill, the Cyber Intelligence Sharing and Protection Act of 2011, has not garnered the media coverage of the Stop Online Piracy Act (SOPA), but its high impact implications target key legal issues involving privacy and intellectual property.
In Part 1 of his commentary, Ken Strutin discusses how the growth of social media and social networking applications has permeated and extended the range of legal investigation, discovery and litigation. The materials he highlights represent a current sampling of notable developments in law enforcement, law practice, civil and criminal litigation, and technology’s influence on human behavior.