All Article Summaries
These article summaries are written by TAP staff members. TAP’s purpose for this section of the site is to present information, points of view, research, and debates.
The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age
Intimate privacy concerns the extent to which others may access information about our health, sexuality, gender, and close relationships. The law does not adequately protect intimate privacy.
Nonconsensual distribution of intimate images seriously harms victims. New laws should be passed to protect rights to intimate privacy.
Standing and Privacy Harms: A Critique of TransUnion v. Ramirez
The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.
The Automated Administrative State: A Crisis of Legitimacy
Federal and state agencies increasingly use automation and software to carry out their responsibilities, resulting in a loss of due process and accountability. However, some agencies use technology effectively.
The Internet as a Speech Conversion Machine and Other Myths Confounding Section 230 Reform Efforts
Policymakers are now revisiting the responsibility of online platforms for harmful content. Under Section 230 of the Communications Decency Act (CDA), online platforms are immune from liability for content posted by users.
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.
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.
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.
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.
Risk and Anxiety: A Theory of Data-Breach Harms
Data breaches increase the risk that consumers will be victims of fraud. But courts are reluctant to recognize that this increased risk is a sufficient harm to justify a lawsuit. Recognizing such harms might lead to more bankruptcies, but would deter data breaches.