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Title
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Author
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Year
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Restricting Speech to Protect It
Attitudes to cyber harassment have changed. Lawmakers, law enforcement officers, and the public recognize that online stalking, threats, and “revenge porn” interferes with victim’s ability to speak and engage online.
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Danielle Citron |
2019 |
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Privacy, Algorithms, and Artificial Intelligence
Many economists assume that consumers understand how their data will be used and do not consider how one consumer’s decision to share data affects others. Some artificial intelligence (AI) systems seem to have learned discriminatory behavior, and simplistic models do not address this.
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Catherine Tucker |
2019 |
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Sexual Privacy
Sexual privacy is based on social norms about access to information about the human body, gender identity, sexuality, and intimacy. Criminal and tort law do not fully address violations of sexual privacy. Digital technology magnifies the harm from violations of sexual privacy.
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Danielle Citron |
2019 |
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Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security
"Deep fake" technology makes it possible to create audio and video files of real people saying and doing things they never said or did. These technologies create policy and legal problems. Possible responses include technological solutions, criminal and civil liability, and regulation.
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Danielle Citron, Robert Chesney |
2019 |
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Transfer of EU Personal Data to U.S. Law Enforcement Authorities After the CLOUD Act: Is There a Conflict with the GDPR?
United States’ law requires firms to turn electronic evidence over to law enforcement even when the data is stored in another country. The law may conflict with European privacy law, which limits data transfers to foreign governments.
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Théodore Christakis |
2019 |
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Born in the USA: The GDPR and the Case for Transatlantic Privacy Convergence
Europe’s General Data Protection Regulation (GDPR) imposes privacy rules that differ significantly from privacy policies in the United States. But the GDPR often draws on US sources, revealing that Europe and the US share privacy values.
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Omer Tene, Gabe Maldoff |
2019 |
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Privacy and Security Across Borders
New rules in the United States, Europe, and Australia give law enforcement access to digital evidence even when the data is stored abroad. These rules may conflict.
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Jennifer Daskal |
2019 |
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Artificial Intelligence, Machine Learning, and Bias in Finance: Toward Responsible Innovation
Financial technology firms (fintech) using big data and machine learning have revived old debates regarding regulation of the financial services industry. State consumer protection laws should apply to these firms to protect consumers from predatory lending practices.
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Frank Pasquale, Jennifer Elisa Chapman, Kristin Johnson |
2019 |
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Speech Across Borders
Several courts have ordered online service providers to take down content worldwide. Other rules restrict speech depending on the nationality and location of the speaker. Tech firms also curate content on a global scale.
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Jennifer Daskal |
2019 |
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The Roots of Sexual Privacy: Warren and Brandeis & the Privacy of Intimate Life
The famous law review article calling for a “right to be let alone,” was the first article calling for legal recognition of rights of sexual privacy.
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Danielle Citron |
2019 |