Topics in Law & Technology
This Library Guide is intended to provide those studying the various ways in which law and technology intersect with a starting point for their research.
About
This Research Guide is intended to provide a starting point for research into the various ways in which law and technology intersect. In particular, this Guide comprises resources focused on Information and Data Privacy as well as Data and Cybersecurity. This Guide also features a selection of resources on a number of broad law-and-technology topics such as Artificial Intelligence (including ChatGPT/GPT-4, and algorithms generally), Social Media and the Law, the "law of the Internet," Biotechnology and the Law, as well as technology issues as pertaining to Environmental Law. Finally, due to the many ways in which Intellectual Property Law impacts and is, in turn, impacted by Technology, this Research Guide also includes a page of general resources in the overarching area of Intellectual Property. The user is invited to visit the Law Library's Intellectual Property Research Guide for additional and more specific resources in this doctrinal area.
The user should note that the materials featured in this Research Guide are intended to be suggestive, rather than prescriptive or comprehensive. That is, the intention is to present the user with an overview of the Law Library's collection in these areas, with the hope that one or more titles may spark curiosity about a particular topic. All materials listed here are available in the Law Library in print form, but in some cases electronic access may also be available. Accordingly, the remote/ online user is encouraged to check the Law Library's catalog to find out whether other editions/ versions are available.
Information and Data Privacy
In their seminal 1891 Harvard Law Review article, future Supreme Court Justices Warren and Brandeis famously framed an initial definition of Privacy as consisting in "the right to be let alone." (Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 HARV. L. REV. 193 (1890-1891)).
Privacy and legal scholars have since enhanced that definition. Noted privacy scholar Alan Westin defined Privacy as "...the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others..." (Alan Westin, Privacy and Freedom 5 (1967)).
Today, as defined in Black's Law Dictionary (11th Ed., 2019), the term PRIVACY is broadly defined to mean and refer to:
"The quality, state, or condition of being free from public attention to intrusion into or interference with one's acts or decisions" and comprises the following:
"autonomy privacy - An individual's right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion; informational privacy - A private person's right to choose to determine whether, how, and to what extent information about oneself is communicated to others, esp. sensitive and confidential information; and personal privacy - A person's interest in nondisclosure or selective disclosure of confidential or private information or matters relating to his or her person."
Primary Sources - Federal Statutes
The following is a list of U.S. Federal legislation pertaining to Information Privacy/ Data Privacy and Cyber- and Information Security.
The legislation is presented in chronological order, to provide the user with an idea of the development of this area of law over time.
1970s
Fair Credit Reporting Act (FCRA) of 1970 (15 U.S.C. §§ 1681 et seq.)
Bank Secrecy Act of 1970 (Pub L. 91-508)
Privacy Act of 1974 (5 U.S.C. §552a)
Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. §§ 1221; 1232g)
Right to Financial Privacy Act of 1978 (12 U.S.C. §§ 3401-3422)
Foreign Intelligence Surveillance Act (FISA) of 1978 (15 U.S.C. §§ 1801-1811)
1980s
Privacy Protection Act (PPA) of 1980 (42 U.S.C. § 2000aa)
Cable Communications Policy Act of 1984 (47 U.S.C. § 551)
Electronic Communications Privacy Act (ECPA) of 1986 (18 U.S.C. § 2510-2522 & 2701-2709)
Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. § 552a)
Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 22001-2009)
Video Privacy Protection Act (VPPA) of 1988 (18 U.S.C. §§ 2710 - 2711)
1990s
Telephone Consumer Protection Act (TCPA) of 1991 (47 U.S.C. § 227)
Driver's Privacy Protection Act of 1994 (18 U.S.C. §§ 2721-2725)
Communications Assistance for Law Enforcement Act of 1994 (Pub. L. No. 103-414)
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193)
Health Insurance Portability and Accountability Act (HIPAA) of 1996 (Pub. L. 104-191; 45 C.F.R. 160, 162, 164)
Identity Theft and Assumption Deterrence Act (ITADA) of 1998 (18 U.S.C. § 1028)
Children's Online Privacy Protection Act (COPPA) of 1998 (15 U.S.C. §§ 6501-6506)
Gramm-Leach-Bliley Act (GLBA) of 1999 (15 U.S.C. §§ 6801-6809)
2000s
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 (Pub. L. No 107-56)
Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) of 2003
Video Voyeurism Prevention Act of 2004 (18 U.S.C. § 1801)
FISA Amendments Act of 2008 (Pub. L. No. 110-261)
Getting Started
The titles below are a selection of the study aids and materials available through the Panza Maurer Law Library to provide those studying issues in Information and Data Privacy with a starting point for their research.
NOTE: The links below will take the user to the Law Library's online study aids collection. The inclusion of a Call Number indicates that the Law Library also has the particular title in print, although the print resource may be an earlier edition of the title.
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Privacy Law Fundamentals, Sixth Edition (2022)
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“Privacy Law Fundamentals, Sixth Edition” incorporates extensive new developments in privacy law. It includes key provisions of privacy statutes, leading cases, tables summarizing the statutes, summaries of key state privacy laws and overviews of various agency enforcement actions. This book serves as an easily digestible overview for privacy law students, as well as a handy reference guide for those who are more experienced.
Topics covered
Key provisions of privacy statutes.
Leading cases.
Tables summarizing the statutes.
Summaries of key state privacy laws.
Overviews of various agency enforcement actions.
Regulatory enforcement – states.
Self-protective measures.
Ransomware.
National security economic controls, trade limits, and equipment bans.
Call Number: KF1262 .S665 2022ISBN: 9781948771597Publication Date: 2022-02-01 -
U. S. Private-Sector Privacy, Third Edition
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For privacy practitioners seeking guidance on the evolving U.S. privacy landscape, “U.S. Private-Sector Privacy, Third Edition” is the principal text for the IAPP’s Certified Information Privacy Professional/United States (CIPP/US) program. The book explores U.S. privacy laws, regulations, and key influencing technological and societal developments. It also covers privacy practice essentials in the medical, financial, educational, telecommunications and marketing sectors, as well as enforcement, online activities, data breach and incident management, and privacy issues in investigations and litigation.
Topics covered
Limits on private-sector collection and data use.
Common principles and approaches to information privacy and data protection.
Critical components of the CCPA.
Key elements of the EU’s GDPR.
Federal and state best practices for emerging technologies and privacy expectations.
Call Number: KF1263.C65 S93 2020ISBN: 9781948771368Publication Date: 2020-06-01 -
A Short and Happy Guide to Privacy and Cybersecurity Law
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This efficient book provides an essential introduction to the privacy fundamentals and security essentials that make up the modern economy. Privacy and free speech expert Professor Jon M. Garon has written an essential overview geared to students and entrepreneurs. The book provides a concise overview of privacy from its origins in constitutional and common law through the most important changes in U.S. laws and laws that impact the U.S. from abroad. The book explains privacy and security rules for finance, health care, and business, along with practical advice on running a secure business and keeping oneself safe when online.
Call Number: KF390.5.C6 G37 2020ISBN: 9781684679836Publication Date: 2020-07-13 -
Privacy Law in a Nutshell
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The Privacy Nutshell briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy "crisis" with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.
Call Number: Online (West Academic) onlyISBN: 9780314289421Publication Date: 2014-03-03 -
Cybersecurity and Privacy Law in a Nutshell
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Cybersecurity and Privacy Law in a Nutshell by Jay P. Kesan and Carol M. Hayes provides a comprehensive and up-to-date overview of cybersecurity law and policy. Cybersecurity is a serious concern in our lives. It affects individuals, governments, the military, big businesses, small businesses, and law firms themselves. Cybersecurity policy issues implicate both private and public international law, in addition to domestic law. In this Nutshell, we present case law, federal, state and international legislation, administrative actions and regulations, and relevant policy considerations that attorneys and their clients should keep in mind, whether they are working on a case about cybersecurity or just wanting to know more about cybersecurity and privacy in the Internet age.
Call Number: Online (West Academic) onlyISBN: 9781634602723Publication Date: 2019-05-20 -
An Introduction to Privacy for Technology Professionals
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An Introduction to Privacy for Technology Professionals” is an official textbook of the IAPP’s Certified Information Privacy Technologist (CIPT) program. It addresses how privacy and technology intersect and examines critical areas of concern in the industry. This textbook provides technology professionals with key concepts and techniques to use throughout the entire data life cycle to help navigate the rapidly changing privacy landscape.
Topics covered
The impact of privacy on engineering.
Incorporating privacy into risk analyses.
The role of encryption and nonrepudiation in building solutions.
Concepts of identifiability and anonymity.
The impact of privacy on tracking and surveillance.
Usable and useful privacy interfaces.
Concepts of interference and other privacy harms.
The roles and management of privacy governance.
The integration of security and privacy.
Call Number: QA76.9.A25 I5845 2020ISBN: 9781948771900Publication Date: 2020-01-01
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Kugler (2024) Privacy Law Cases and Materials 1st ed. Privacy Law: Cases and Materials (2024) is a casebook written by Matthew Kugler, Professor of Law at Northwestern Pritzker School of Law. It reviews the main topics in information privacy, including the basic privacy torts, major privacy statutes like HIPAA, recent Federal Trade Commission enforcement actions, emerging issues like biometrics privacy, and new developments like state comprehensive privacy laws. A free electronic copy of this book can be downloaded from the author's website. This print copy is priced cheaply to make this critical content widely available to students of privacy.
The titles below are selected hornbooks that provide a general overview of Information Privacy Law and Data Privacy Law. These resources will generally provide more in-depth coverage of these areas than the study guides described in this page.
NOTE: The links below will take the user to the Law Library's online collection. The inclusion of a Call Number indicates that the Law Library also has the particular title in print, although the print resource may be an earlier edition of the title.
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Mireles and Hobaugh's Cybersecurity Law
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This book provides a relatively comprehensive examination of cybersecurity related laws that would be helpful for lawyers, law students, and Chief Information Security Officers (CISOs) and other cybersecurity and privacy professionals. The book outlines and details the U.S. federal sectoral approach to cybersecurity, such as covering the Gramm-Leach-Bliley Act and regulations, and the Health Insurance Portability and Accountability Act Security Rule, as well as an examination of state laws impacting cybersecurity, such as data breach notification, privacy and state education laws. International issues as well as specific topics such as ransomware and the Internet of things are addressed. Notably, the book provides a review of the role of the cybersecurity professional, risk assessment as well as the National Institute of Standards and Technology (NIST) risk assessment framework, and laws related to hacking.
Call Number: KF1263.C65 M5745 2022ISBN: 9781636590196Publication Date: 2021-12-29 -
Information Security and Privacy
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This book provides a practical and comprehensive approach to information security and privacy law for both international and domestic statutes. It provides all the tools needed to handle the business, legal and technical risks of protecting information on a global scale. For anyone responsible for or advising a corporation involved in domestic or international business, who must comply with a dizzying array of statutes, regulations, technologies, methodologies and standards, this book is for you.
Call Number: Online (Lexis Digital Library) onlyISBN: 9781616328078Publication Date: 2012-02-16 -
Privacy, Security and Information Management
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Current hot topics in information security and privacy include pretexting; financial privacy; privacy litigation; outsourcing to foreign countries; electronic health and personal records; and social networking. With these issues, a large number of laws have been passed to regulate the information security and privacy issues. Compliance with these laws is a legal reality as well as a business necessity. This resource will help you decipher that laws that regulate these issues and help your clients and business comply with the requirements to avoid security and privacy breaches. Topics covered include internet privacy, financial privacy, unauthorized access to networks and information, wiretapping and privacy in electronic communications, identify theft, spyware and phishing, video and cable privacy, data security and destruction, and much more.
Call Number: KF1263.C65 S47 2011ISBN: 9781616329778Publication Date: 2014-02-07
Selected Secondary Sources
The titles below are a selection of both law-specific and interdisciplinary materials in the areas of Information Privacy and Data Privacy that are available through the Panza Maurer Law Library.
NOTE: Where the Law Library has a title as part of an online collection, the links below will take the user to the Law Library's online collection. The inclusion of a Call Number indicates that the Law Library has the particular title in print, although if the title is also available in electronic format, the print resource may be an earlier edition.
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The Age of Surveillance Capitalism
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The challenges to humanity posed by the digital future, the first detailed examination of the unprecedented form of power called "surveillance capitalism," and the quest by powerful corporations to predict and control our behavior. In this masterwork of original thinking and research, Shoshana Zuboff provides startling insights into the phenomenon that she has named surveillance capitalism. The stakes could not be higher: a global architecture of behavior modification threatens human nature in the twenty-first century just as industrial capitalism disfigured the natural world in the twentieth. Zuboff vividly brings to life the consequences as surveillance capitalism advances from Silicon Valley into every economic sector. Vast wealth and power are accumulated in ominous new "behavioral futures markets," where predictions about our behavior are bought and sold, and the production of goods and services is subordinated to a new "means of behavioral modification." The threat has shifted from a totalitarian Big Brother state to a ubiquitous digital architecture: a "Big Other" operating in the interests of surveillance capital. Here is the crucible of an unprecedented form of power marked by extreme concentrations of knowledge and free from democratic oversight. Zuboff's comprehensive and moving analysis lays bare the threats to twenty-first century society: a controlled "hive" of total connection that seduces with promises of total certainty for maximum profit -- at the expense of democracy, freedom, and our human future. With little resistance from law or society, surveillance capitalism is on the verge of dominating the social order and shaping the digital future -- if we let it.
Call Number: HF5415.32 .Z83 2020ISBN: 9781541758001Publication Date: 2020-03-03 -
Boundaries of Privacy
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Offering a practical theory for why people make decisions about revealing and concealing private information, Boundaries of Privacy taps into everyday problems in our personal relationships, our health concerns, and our work to investigate the way we manage our private lives. Petronio argues that in addition to owning our own private information, we also take on the responsibility of guarding other people's private information when it is put into our trust. This can often lead to betrayal, errors in judgment, deception, gossip, and privacy dilemmas. Petronio's book serves as a guide to understanding why certain decisions about privacy succeed while others fail.
Call Number: BF697.5.S427 P48 2002ISBN: 9780791455159Publication Date: 2002-10-10 -
Breached!
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Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasingat a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented through inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach, butdoesn't recognize other contributors to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage inrisky behaviors, and more.The law's also ignores the role that good privacy practices can play. Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course byfocusing on the human side of security. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind. The book closes witha roadmap for how we can reboot law and policy surrounding cybersecurity so that breaches become much rarer events.
Call Number: KF1263.C65 S65 2022ISBN: 9780190940553Publication Date: 2022-03-01 -
Consumer Privacy and Data Protection
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This short paperback, developed from the casebook Information Privacy Law,contains key cases and materials focusing on privacy issues related to consumer privacy and data security. This book is designed for use in courses and seminars on: Cyberlaw Law and technology Privacy law Information law Consumer law New to the Third Edition: CCPA, biometric privacy laws FTC Facebook Cambridge Analytica case United States v. Gratkowski (Bitcoin and the Fourth Amendment) In re Vizio, Inc. Additional material about TCPA litigation, including Stoops v. Wells Fargo Bank Additional material on the FCC Act Additional material on the Video Privacy Protection Act Barr v. American Association of Political Consultants Topics covered include: Big Data, financial privacy, FCRA, GLBA, FTC privacy and security regulation Identity theft, online behavioral advertising First Amendment limitations on privacy regulation Data breaches, data breach notification statutes Privacy of video watching and media consumptions CFAA, enforcement of privacy policies, marketing use of data, and more
Call Number: KF1262 .S65 2021ISBN: 9781543832594Publication Date: 2020-11-23 -
Deepfakes: The Coming Infocalypse
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Uncover everything you need to know about "deepfakes" and what could become the biggest information and communications meltdown in world history. In a world of deepfakes, it will soon be impossible to tell what is real and what isn't. As advances in artificial intelligence, video creation, and online trolling continue, deepfakes pose not only a real threat to democracy -- they threaten to take voter manipulation to unprecedented new heights. This crisis of misinformation which we now face has since been dubbed the "Infocalypse." In DEEPFAKES, investigative journalist Nina Schick uses her expertise from working in the field to reveal shocking examples of deepfakery and explain the dangerous political consequences of the Infocalypse, both in terms of national security and what it means for public trust in politics. This all-too-timely book also unveils what this all means for us as individuals, how deepfakes will be used to intimidate and to silence, for revenge and fraud, and just how truly unprepared governments and tech companies are for what's coming.
Call Number: HM851 .S257 2020ISBN: 9781538754306Publication Date: 2020-08-25 -
Delete: The Virtue of Forgetting in the Digital Age
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Delete looks at the surprising phenomenon of perfect remembering in the digital age, and reveals why we must reintroduce our capacity to forget. Digital technology empowers us as never before, yet it has unforeseen consequences as well. Potentially humiliating content on Facebook is enshrined in cyberspace for future employers to see. Google remembers everything we've searched for and when. The digital realm remembers what is sometimes better forgotten, and this has profound implications for us all. In Delete, Viktor Mayer-Schönberger traces the important role that forgetting has played throughout human history, from the ability to make sound decisions unencumbered by the past to the possibility of second chances. The written word made it possible for humans to remember across generations and time, yet now digital technology and global networks are overriding our natural ability to forget--the past is ever present, ready to be called up at the click of a mouse. Mayer-Schönberger examines the technology that's facilitating the end of forgetting--digitization, cheap storage and easy retrieval, global access, and increasingly powerful software--and describes the dangers of everlasting digital memory, whether it's outdated information taken out of context or compromising photos the Web won't let us forget. He explains why information privacy rights and other fixes can't help us, and proposes an ingeniously simple solution--expiration dates on information--that may. Delete is an eye-opening book that will help us remember how to forget in the digital age.
Call Number: BF371 .M375 2009ISBN: 9780691138619Publication Date: 2009-10-04 -
Designing for Privacy and Its Legal Framework
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This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.
Call Number: KJE6071 .T36 2018ISBN: 9783319986234Publication Date: 2018-11-13 -
Digital Data Collection and Information Privacy Law
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In Digital Data Collection and Information Privacy Law, Mark Burdon argues for the reformulation of information privacy law to regulate new power consequences of ubiquitous data collection. Examining developing business models, based on collections of sensor data - with a focus on the 'smart home' - Burdon demonstrates the challenges that are arising for information privacy's control-model and its application of principled protections of personal information exchange. By reformulating information privacy's primary role of individual control as an interrupter of modulated power, Burdon provides a foundation for future law reform and calls for stronger information privacy law protections. This book should be read by anyone interested in the role of privacy in a world of ubiquitous and pervasive data collection.
Call Number: K3264.C65 B87 2020ISBN: 9781108417921Publication Date: 2020-04-23 -
The Digital Person
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A startling account of personal data dossiers and the newest grave threat to privacy Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases--which Daniel J. Solove calls "digital dossiers"--has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy. The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world. This is the first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY.
Call Number: KF1263.C65 S66 2004ISBN: 9780814740378Publication Date: 2006-09-01 -
The Ethics of Information
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Luciano Floridi develops an original ethical framework for dealing with the new challenges posed by Information and Communication Technologies (ICTs). ICTs have profoundly changed many aspects of life, including the nature of entertainment, work, communication, education, health care,industrial production and business, social relations, and conflicts. They have had a radical and widespread impact on our moral lives and on contemporary ethical debates. Privacy, ownership, freedom of speech, responsibility, technological determinism, the digital divide, and pornography online areonly some of the pressing issues that characterise the ethical discourse in the information society. They are the subject of Information Ethics (IE), the new philosophical area of research that investigates the ethical impact of ICTs on human life and society.Since the seventies, IE has been a standard topic in many curricula. In recent years, there has been a flourishing of new university courses, international conferences, workshops, professional organizations, specialized periodicals and research centres. However, investigations have so far beenlargely influenced by professional and technical approaches, addressing mainly legal, social, cultural and technological problems. This book is the first philosophical monograph entirely and exclusively dedicated to it.Floridi lays down, for the first time, the conceptual foundations for IE. He does so systematically, by pursuing three goals:a) a metatheoretical goal: it describes what IE is, its problems, approaches and methods;b) an introductory goal: it helps the reader to gain a better grasp of the complex and multifarious nature of the various concepts and phenomena related to computer ethics;c) an analytic goal: it answers several key theoretical questions of great philosophical interest, arising from the investigation of the ethical implications of ICTs.Although entirely independent of The Philosophy of Information (OUP, 2011), Floridi's previous book, The Ethics of Information complements it as new work on the foundations of the philosophy of information.
Call Number: T58.5 .F577 2013ISBN: 9780199641321Publication Date: 2013-12-15 -
EU Data Protection and the GDPR
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Developed from the casebook Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, the right to be forgotten, and international data transfers. This book is designed for use in courses and seminars on: Comparative and international law EU law Privacy law Information law Consumer law Topics covered include: GDPR Schrems I and Schrems II cases The right to be forgotten International data transfers, including an account of the rise and fall of the Privacy Shield European Court of Human Rights cases European Court of Justice cases Comparative analysis of EU and US privacy law
Call Number: KJE6071 .S69 2021ISBN: 9781543832631Publication Date: 2020-11-23 -
The Fight for Privacy
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Privacy is disappearing. From our sex lives to our workout routines, the details of our lives once relegated to pen and paper have joined the slipstream of new technology. As a MacArthur fellow and distinguished professor of law at the University of Virginia, acclaimed civil rights advocate Danielle Citron has spent decades working with lawmakers and stakeholders across the globe to protect what she calls intimate privacy--encompassing our bodies, health, gender, and relationships. When intimate privacy becomes data, corporations know exactly when to flash that ad for a new drug or pregnancy test. Social and political forces know how to manipulate what you think and who you trust, leveraging sensitive secrets and deepfake videos to ruin or silence opponents. And as new technologies invite new violations, people have power over one another like never before, from revenge porn to blackmail, attaching life-altering risks to growing up, dating online, or falling in love. A masterful new look at privacy in the twenty-first century, The Fight for Privacy takes the focus off Silicon Valley moguls to investigate the price we pay as technology migrates deeper into every aspect of our lives: entering our bedrooms and our bathrooms and our midnight texts; our relationships with friends, family, lovers, and kids; and even our relationship with ourselves. Drawing on in-depth interviews with victims, activists, and advocates, Citron brings this headline issue home for readers by weaving together visceral stories about the countless ways that corporate and individual violators exploit privacy loopholes. Exploring why the law has struggled to keep up, she reveals how our current system leaves victims--particularly women, LGBTQ+ people, and marginalized groups--shamed and powerless while perpetrators profit, warping cultural norms around the world. Yet there is a solution to our toxic relationship with technology and privacy: fighting for intimate privacy as a civil right. Collectively, Citron argues, citizens, lawmakers, and corporations have the power to create a new reality where privacy is valued and people are protected as they embrace what technology offers. Introducing readers to the trailblazing work of advocates today, Citron urges readers to join the fight. Your intimate life shouldn't be traded for profit or wielded against you for power: it belongs to you. With Citron as our guide, we can take back control of our data and build a better future for the next, ever more digital, generation.
Call Number: KF1262 .C52 2022ISBN: 9780393882315Publication Date: 2022-10-04 -
The Global War for Internet Governance
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A groundbreaking study of one of the most crucial yet least understood issues of the twenty-first century: the governance of the Internet and its content The Internet has transformed the manner in which information is exchanged and business is conducted, arguably more than any other communication development in the past century. Despite its wide reach and powerful global influence, it is a medium uncontrolled by any one centralized system, organization, or governing body, a reality that has given rise to all manner of free-speech issues and cybersecurity concerns. The conflicts surrounding Internet governance are the new spaces where political and economic power is unfolding in the twenty-first century. This all-important study by Laura DeNardis reveals the inner power structure already in place within the architectures and institutions of Internet governance. It provides a theoretical framework for Internet governance that takes into account the privatization of global power as well as the role of sovereign nations and international treaties. In addition, DeNardis explores what is at stake in open global controversies and stresses the responsibility of the public to actively engage in these debates, because Internet governance will ultimately determine Internet freedom.
Call Number: K4345 .D46 2014ISBN: 9780300182118Publication Date: 2014-01-14 -
HCI for Cybersecurity, Privacy and Trust : First International Conference, HCI-CPT 2019, Held as Part of the 21st HCI International Conference, HCII 2019, Orlando, FL, USA, July 26, 2019, Proceedings
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This book constitutes the thoroughly refereed proceedings of the First International Conference on HCI for Cybersecurity, Privacy and Trust, HCI-CPT 2019, which was held as part of the 21st HCI International Conference, HCII 2019, in Orlando, FL, USA, in July 2019. The total of 1275 papers and 209 posters included in the 35 HCII 2019 proceedings volumes were carefully reviewed and selected from 5029 submissions. HCI-CPT 2019 includes a total of 32 papers; they were organized in topical sections named: Authentication; cybersecurity awareness and behavior; security and usability; and privacy and trust.
Call Number: Online onlyISBN: 9783030223519Publication Date: 2019 -
HIPAA: A Practical Guide to the Privacy and Security of Health Data
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HIPAA privacy regulations have been the subject of countless hours of study, analysis, and compliance efforts within the health care industry and beyond. Almost two decades later, and more than 15 years after the first edition of this book, the privacy and security requirements of HIPAA are the subject of significant confusion and uncertainty. As the laws and social pressure evolve and tighten the reigns on health care privacy, patients and providers will continue to become more concerned about maintaining the security and privacy of data while rising to the challenge of balancing privacy while promoting patient access and quality care. This revised and updated edition creates a useful guide for those who are new to HIPAA as well as provide updates for seasoned veterans of HIPAA. This book expands on the first edition and includes the Security Rule, the HITECH Act, and the Breach Notification Rule along with extensive discussion about HIPAA's parameters, practical applications, and lessons learned over the past 15 years. To assist you in complying with HIPAA's complex requirements, this book also includes forms and experiential anecdotes that you will find helpful in your ongoing HIPAA compliance efforts.
Call Number: KF3827.R4 S85 2020ISBN: 9781641055727Publication Date: 2020-11-07 -
Laws of Image: Privacy and Publicity in America
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Americans have long been obsessed with their images--their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"--individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images--to manage and spin them like actors, politicians, and rock stars.
Call Number: KF1262 .B37 2015ISBN: 9780804791441Publication Date: 2015-09-30 -
Owned: Property, Privacy, and the New Digital Serfdom
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In this compelling examination of the intersection of smart technology and the law, Joshua A. T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our 'smart' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.
Call Number: KF390.5.C6 F35 2017ISBN: 9781316671467Publication Date: 2017-06-29 -
The Practical Guide to HIPAA Privacy and Security Compliance
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Following in the footsteps of its bestselling predecessor, The Practical Guide to HIPAA Privacy and Security Compliance, Second Edition is a one-stop, up-to-date resource on Health Insurance Portability and Accountability Act (HIPAA) privacy and security, including details on the HITECH Act, the 2013 Omnibus Rule, and the pending rules. Updated and revised with several new sections, this edition defines what HIPAA is, what it requires, and what you need to do to achieve compliance. The book provides an easy-to-understand overview of HIPAA privacy and security rules and compliance tasks. Supplying authoritative insights into real-world HIPAA privacy and security issues, it summarizes the analysis, training, and technology needed to properly plan and implement privacy and security policies, training, and an overall program to manage information risks. Instead of focusing on technical jargon, the book spells out what your organization must do to achieve and maintain compliance requirements on an ongoing basis.
Call Number: KF3827.R4 B43 2014ISBN: 9781032098937Publication Date: 2021-06-30 -
Privacy's Blueprint: The Battle to Control the Design of New Technologies
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Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves-even when the odds are deliberately stacked against them. In Privacy's Blueprint, Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information. Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy's Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.
Call Number: KF1262 .H37 2018ISBN: 9780674976009Publication Date: 2018-04-09 -
Privacy and Freedom
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"He was the most important scholar of privacy since Louis Brandeis."--Jeffrey Rosen In defining privacy as "the claim of individuals...to determine for themselves when, how and to what extent information about them is communicated," Alan Westin's 1967 classic Privacy and Freedom laid the philosophical groundwork for the current debates about technology and personal freedom, and is considered a foundational text in the field of privacy law. By arguing that citizens retained control over how their personal data was used, Westin redefined privacy as an individual freedom, taking Justice Louis Brandeis' 19th century definition of privacy as a legal right and expanding it for use in modern times. Westin's ideas transformed the meaning of privacy, leading to a spate of privacy laws in the 1970s, as well as prefiguring the arguments over privacy that have come to dominate the internet era. This all new edition of Privacy and Freedom features an introduction by Daniel J. Solove, John Marshall Harlan Research Professor of Law at the George Washington University Law School.
Call Number: KF1262 .W4ISBN: 9781935439974Publication Date: 2015-11-24 -
Privacy Online: Perspectives on Privacy and Self-Disclosure in the Social Web
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Communications and personal information that are posted online are usually accessible to a vast number of people. Yet when personal data exist online, they may be searched, reproduced and mined by advertisers, merchants, service providers or even stalkers. Many users know what may happen to their information, while at the same time they act as though their data are private or intimate. They expect their privacy will not be infringed while they willingly share personal information with the world via social network sites, blogs, and in online communities. The chapters collected by Trepte and Reinecke address questions arising from this disparity that has often been referred to as the privacy paradox. Works by renowned researchers from various disciplines including psychology, communication, sociology, and information science, offer new theoretical models on the functioning of online intimacy and public accessibility, and propose novel ideas on the how and why of online privacy. The contributing authors offer intriguing solutions for some of the most pressing issues and problems in the field of online privacy. They investigate how users abandon privacy to enhance social capital and to generate different kinds of benefits. They argue that trust and authenticity characterize the uses of social network sites. They explore how privacy needs affect users' virtual identities. Ethical issues of privacy online are discussed as well as its gratifications and users' concerns. The contributors of this volume focus on the privacy needs and behaviors of a variety of different groups of social media users such as young adults, older users, and genders. They also examine privacy in the context of particular online services such as social network sites, mobile internet access, online journalism, blogs, and micro-blogs. In sum, this book offers researchers and students working on issues related to internet communication not only a thorough and up-to-date treatment of online privacy and the social web. It also presents a glimpse of the future by exploring emergent issues concerning new technological applications and by suggesting theory-based research agendas that can guide inquiry beyond the current forms of social technologies.
Call Number: HM742 .P75 2011ISBN: 9783642215209Publication Date: 2011-07-21 -
Regulating Privacy: Data Protection and Public Policy in Europe and the United States
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The information revolution has brought with it the technology for easily collecting personal information about individuals, a facility that inherently threatens personal privacy. Colin J. Bennett here examines political responses to the data protection issue in four Western democracies, comparing legislation that the United States, Britain, West Germany, and Sweden forged from the late 1960's to the 1980's to protect citizens from unwanted computer dissemination of personal information. Drawing on an extensive body of interviews and documentary evidence, Bennett considers how the four countries, each with different cultural traditions and institutions, formulated fair information policy. He finds that their computer regulatory laws are based on strikingly similar statutory principles, but that enforcement of these principles varies considerably: the United States relies on citizen initiative and judicial enforcement; Britain uses a registration system; Germany has installed an ombudsman; and Sweden employs a licensing system. Tracing the impact of key social, political, and technological factors on the ways different political systems have controlled the collection and communication of information, Bennett also deepens our understanding of policymaking theory. Regulating Privacy will be welcomed by political sciences?especially those working in comparative public policy, American politics, organization theory, and technology and politics?political economists, information systems analysts, and others concerned with issues of privacy.
Call Number: KJC6071 .B46 1992ISBN: 9780801480102Publication Date: 1992-06-11 -
The Right to Privacy
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To what extent is the individual protected from arbitrary and unreasonable intrusions into his personal privacy by the Bill of Rights and the Fourteenth Amendment? The aim of Dr. Beckenridge's study is to answer this question, which is of such crucial relevance in America today. The Right to Privacy is based upon the belief that the individual has the right to determine the degree to which he wishes to share of himself with others and has control over the time, place, and circumstances in which he communicates with others; that he has the right to withdraw or participate as he sees fit; and the right to control dissemination of information about himself. But since man lives in a community of others, inescapably he has the need to participate and communicate with others. When this apparent dichotomy is coupled with the recognized power of government, even in a democracy, to function for the public good, the question arises: to what extent and in what areas may an individual's personal affairs be exposed without his knowledge or consent? Sooner or later it becomes the business of judges to determine the limits of individual privacy claims, and it is to the decisions and opinions of judges, primarily of the United States Supreme Court, that one must look to find the status of claims of a right to privacy--what has been called man's "right to be let alone." In determining how far the United States government has gone in invading the right to privacy--and what it has done to protect that right--the author examines recent court decisions, especially those of the United States Supreme Court, and some court opinions as they interpret the Bill of Rights and the Fourteenth Amendment. He also scrutinizes the extension or incorporation of the Rights into the Fourteenth Amendment, and the relation of police power to individual rights. This timely study also demonstrates that some "rights" are superior to others and that they come info conflict--conflicts which still have to be resolved.
Call Number: KF1262.Z9 B7ISBN: 9780803207028Publication Date: 1970-03-01 -
Strategic Privacy by Design, Second Edition
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Strategic Privacy by Design, Second Edition” contains a methodology for building privacy into a product, service, or business process. It also challenges traditional thought and offers a new way to think of and build up privacy while providing a comprehensive threat modeling and diagraming method to systematically approach threat identification and mitigation.
Topics covered
Examples and exercises with detailed answers.
A glossary of defined terms.
Threat modeling.
Factor analysis of information risk (FAIR).
Controls (aka privacy design strategies and tactics).
New appendix, maps, and chapters.
Call Number: QA76.9.A25ISBN: 9781948771573Publication Date: 2021-12-01 -
Why Privacy Matters
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A much-needed corrective on what privacy is, why it matters, and how we can protect in an age when so many believe that the concept is dead.Everywhere we look, companies and governments are spying on us - seeking information about us and everyone we know. Ad networks monitor our web-surfing to send us "more relevant" ads. The NSA screens our communications for signs of radicalism. Schools track students' emails to stop school shootings.Cameras guard every street corner and traffic light, and drones fly in our skies. Databases of human information are assembled for purposes of "training" artificial intelligence programs designed to predict everything from traffic patterns to the location of undocumented migrants. We're eventracking ourselves, using personal electronics like Apple watches, Fitbits, and other gadgets that have made the "quantified self" a realistic possibility. As Facebook's Mark Zuckerberg once put it, "the Age of Privacy is over." But Zuckerberg and others who say "privacy is dead" are wrong. In WhyPrivacy Matters, Neil Richards explains that privacy isn't dead, but rather up for grabs.Richards shows how the fight for privacy is a fight for power that will determine what our future will look like, and whether it will remain fair and free. If we want to build a digital society that is consistent with our hard-won commitments to political freedom, individuality, and humanflourishing, then we must make a meaningful commitment to privacy. Privacy matters because good privacy rules can promote the essential human values of identity, power, freedom, and trust. If we want to preserve our commitments to these precious yet fragile values, we will need privacy rules.Richards explains why privacy remains so important and offers strategies that can help us protect it from the forces that are working to undermine it. Pithy and forceful, this is essential reading for anyone interested in a topic that sits at the center of so many current problems.
Call Number: K3263 .R534 2022ISBN: 9780190939045Publication Date: 2021-12-01
Additional Online Resources
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National Institute of Standards and Technology (NIST) The National Institute of Standards and Technology (NIST) was founded in 1901 and is now part of the U.S. Department of Commerce. NIST is one of the nation's oldest physical science laboratories. Congress established the agency to remove a major challenge to U.S. industrial competitiveness at the time — a second-rate measurement infrastructure that lagged behind the capabilities of the United Kingdom, Germany and other economic rivals. From the smart electric power grid and electronic health records to atomic clocks, advanced nanomaterials and computer chips, innumerable products and services rely in some way on technology, measurement and standards provided by the National Institute of Standards and Technology. Today, NIST measurements support the smallest of technologies to the largest and most complex of human-made creations — from nanoscale devices so tiny that tens of thousands can fit on the end of a single human hair up to earthquake-resistant skyscrapers and global communication networks.
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Federal Trade Commission (FTC) The FTC works "to protect consumers and promote competition touches the economic life of every American. [It is] the only federal agency that deals with consumer protection and competition issues in broad sectors of the economy.
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FTC Bureau of Consumer Protection The FTC’s Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.
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Federal Communications Commission (FCC) The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing America’s communications law and regulations.
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Federal Privacy Council (FPC) - Law Library The Federal Privacy Council (FPC) was established in Executive Order 13719 on February 9, 2016. The Federal Privacy Council is the principal interagency forum to improve the privacy practices of agencies and entities acting on their behalf.
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The International Association of Privacy Professionals (IAPP) "The International Association of Privacy Professionals (IAPP) is a resource for professionals who want to develop and advance their careers by helping their organizations successfully manage these risks and protect their data. In fact, we’re the world’s largest and most comprehensive global information privacy community. The IAPP is the only place that brings together the people, tools and global information management practices you need to thrive in today’s rapidly evolving information economy."