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Author: Roger Allan Ford Publisher: ISBN: Category : Languages : en Pages : 42
Book Description
Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed.This Article develops a theory of unilateral invasions of privacy rooted in the incentives of potential outside invaders. It first briefly describes the different kinds of information flows that can result in losses of privacy and the private costs and benefits to the participants in these information flows. It argues that in many cases the relevant costs and benefits are those of an outsider deciding whether certain information flows occur. These outside invaders are more likely to act when their own private costs and benefits make particular information flows worthwhile, regardless of the effects on information subjects or on social welfare. And potential privacy invaders are quite sensitive to changes in these costs and benefits, unlike information subjects, for whom transaction costs can overwhelm incentives to make information more or less private.The Article then turns to privacy regulation, arguing that this unilateral-invasion theory sheds light on how effective privacy regulations should be designed. Effective regulations are those that help match the costs and benefits faced by a potential privacy invader with the costs and benefits to society of a given information flow. Law can help do so by raising or lowering the costs or benefits of a privacy invasion, but only after taking account of other costs and benefits faced by the potential privacy invader.
Author: Roger Allan Ford Publisher: ISBN: Category : Languages : en Pages : 42
Book Description
Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed.This Article develops a theory of unilateral invasions of privacy rooted in the incentives of potential outside invaders. It first briefly describes the different kinds of information flows that can result in losses of privacy and the private costs and benefits to the participants in these information flows. It argues that in many cases the relevant costs and benefits are those of an outsider deciding whether certain information flows occur. These outside invaders are more likely to act when their own private costs and benefits make particular information flows worthwhile, regardless of the effects on information subjects or on social welfare. And potential privacy invaders are quite sensitive to changes in these costs and benefits, unlike information subjects, for whom transaction costs can overwhelm incentives to make information more or less private.The Article then turns to privacy regulation, arguing that this unilateral-invasion theory sheds light on how effective privacy regulations should be designed. Effective regulations are those that help match the costs and benefits faced by a potential privacy invader with the costs and benefits to society of a given information flow. Law can help do so by raising or lowering the costs or benefits of a privacy invasion, but only after taking account of other costs and benefits faced by the potential privacy invader.
Author: Harvard Law Review Publisher: Quid Pro Books ISBN: 1610278801 Category : Law Languages : en Pages : 561
Book Description
The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein SYMPOSIUM: PRIVACY AND TECHNOLOGY "Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen "The Dangers of Surveillance," by Neil M. Richards "The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz "Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).
Author: Tjerk Timan Publisher: Edward Elgar Publishing ISBN: 1786435403 Category : Family & Relationships Languages : en Pages : 327
Book Description
This book examines privacy in public space from both legal and regulatory perspectives. With on-going technological innovations such as mobile cameras, WiFi tracking, drones and augmented reality, aspects of citizens’ lives are increasingly vulnerable to intrusion. The contributions describe contemporary challenges to achieving privacy and anonymity in physical public space, at a time when legal protection remains limited compared to ‘private’ space. To address this problem, the book clearly shows why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through ‘privacy bubbles’, obfuscation and surveillance transparency, as well as revising the assumptions underlying current privacy laws.
Author: Journal of Law and Cyber Warfare Publisher: Lulu.com ISBN: 138725247X Category : Law Languages : en Pages : 192
Book Description
Volume 6, Issue 1 of the Journal of Law and Cyber Warfare. Special Comment I. Instegogram: A New Threat and Its Limits for Liability Jennifer Deutsch & Daniel Garrie Articles II. A Democracy of Users John Dever & James Dever III. Is Uncle Sam Stalking You? Abandoning Warrantless Electronic Surveillance to Preclude Intrusive Government Searches J. Alexandra Bruce IV. Cyber Enhanced Sanction Strategies: Do Options Exist? Mark Peters Country Briefings V. North Korea: The Cyber Wild Card 2.0 Rhea Siers VI. Privacy and Data Protection in India Dhiraj R. Duraiswami
Author: Kevin M. Keenan Publisher: Bloomsbury Publishing USA ISBN: 1851096353 Category : Law Languages : en Pages : 278
Book Description
An authoritative analysis of one of the most revered rights of peoples and cultures around the world—privacy. Invasion of Privacy: A Reference Handbook chronicles the most pressing privacy issues and dilemmas from around the world from the 17th century to today. Shocking accounts of government and corporate abuse liven discussions of controversial topics ranging from high-tech surveillance and the collection of personal data to bodily and sexual privacy. The Internet, a platform for free speech now subject to calls for rigorous censorship, and the global threat of terrorism in the post–September 11 era receive special emphasis. Readers will also learn about disturbing abuses of power by the FBI, including how it intercepted emails, misled the federal courts in 75 warrant applications, and contributed to wrongful arrests of more than 100 people suspected of receiving child pornography over the Internet.
Author: Daniel Bar-Tal Publisher: Springer ISBN: 3319633783 Category : Psychology Languages : en Pages : 296
Book Description
This groundbreaking volume explores the concept of self-censorship as it relates to individuals and societies and functions as a barrier to peace. Defining self-censorship as the act of intentionally and voluntarily withholding information from others in the absence of formal obstacles, the volumes introduces self-censorship as one of the socio-psychological mechanisms that prevent the free flow of information and thus obstruct proper functioning of democratic societies. Moreover it analyzes this socio-psychological phenomenon specifically in the context of intractable conflict, providing much evidence from the Israeli-Palestinian conflict. Moving from the micro to the macro level, the collected chapters put the individual as the focal unit of psychological analysis while embedding the individual in multiple levels of context including families, organizations, and societies. Following a firm conceptual explanation of self-censorship, a selection of both emerging and prominent scholars describe the ways in which self-censorship factors into families, organizations, education, academia, and other settings. Further chapters discuss self-censorship in military contexts, narratives of political violence, and the media. Finally, the volume concludes by looking at the ways in which harmful self-censorship in societies can be overcome, and explores the future of self-censorship research. In doing so, this volume solidifies self-censorship as an important phenomenon of social behavior with major individual and collective consequences, while stimulating exciting and significant new research possibilities in the social and behavioral sciences. Conceptually carving out a new area in peace psychology, Self Censorship in Contexts of Peace and Conflict will appeal to psychologists, sociologists, peace researchers, political scientists, practitioners, and all those with a wish to understand the personal and societal functioning of individuals in the real world.
Author: Donna K. Hammaker Publisher: Jones & Bartlett Learning ISBN: 1284143651 Category : Law Languages : en Pages : 830
Book Description
Health Care Management and the Law-2nd Edition is a comprehensive practical health law text relevant to students seeking the basic management skills required to work in health care organizations, as well as students currently working in health care organizations. This text is also relevant to those general health care consumers who are simply attempting to navigate the complex American health care system. Every attempt is made within the text to support health law and management theory with practical applications to current issues.
Author: Isidore Silver Publisher: Wolters Kluwer ISBN: 0735521174 Category : Law Languages : en Pages : 1778
Book Description
Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Third Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was andquot;the soleandquot; and andquot;but forandquot; cause of discharge under the ADEA, 29 U.S.C. and§ 623(a) Adoption of Gross andquot;Sole Motiveandquot; Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancandée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be andquot;a motivating factorandquot; for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that andquot;me tooandquot; evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' andquot;stray remarksandquot; were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer andquot;fully applies in the collective bargaining contextandquot; City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a andquot;reasonableandquot; search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. and§ 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. and§ 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection Continuing a
Author: Roger Allan Ford
Author: Roger Allan Ford
Author: Samuel D. Brandeis, Louis D. Warren
Author: Harvard Law Review
Author: Tjerk Timan
Author: Journal of Law and Cyber Warfare
Author: Kevin M. Keenan
Author: Daniel Bar-Tal
Author: Donna K. Hammaker
Author: United States. Congress. House. Government Operations
Author: Isidore Silver