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Domain: stanfordlawreview.org
Stories and comments across the archive that link to stanfordlawreview.org.
Stories · 10
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US Activists Oppose US Govt Calls To Weaken EU Privacy Rules
judgecorp writes "The European Commission has proposals for data privacy (including the 'right to be forgotten') and the U.S. government is opposing them. Now U.S. activists have arrived in Brussels to lobby against their government's opposition to the European measures. The move comes following reports of 'extreme' lobbying by U.S. authorities against the European proposals." Although the "right to be forgotten" raises some free speech issues, it doesn't seem like a bad idea in principle. -
The First Amendment and Software Speech
First time accepted submitter stanlrev writes "When is software, or content generated by software, 'speech' for First Amendment purposes? That is the question that Andrew Tutt seeks to answer in an article published today in the Stanford Law Review Online. He argues that the two approaches commentators and the Supreme Court have proposed are both incorrect. Software or software-generated content is not always speech simply because it conveys information. Nor is software only speech when it resembles traditional art forms. Instead, the courts should turn to the original purposes of the First Amendment to develop a new approach that answers this question more effectively." -
The Dead Past: the Biggest Threat To Privacy Is Us
An anonymous reader writes "Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals candidly discusses the future of privacy law in an essay published today in the Stanford Law Review Online. Referencing an Isaac Asimov short story, Kozinski acknowledges a serious threat to our privacy — but not from corporations, courts, or Congress: 'Judges, legislators and law enforcement officials live in the real world. The opinions they write, the legislation they pass, the intrusions they dare engage in—all of these reflect an explicit or implicit judgment about the degree of privacy we can reasonably expect by living in our society. In a world where employers monitor the computer communications of their employees, law enforcement officers find it easy to demand that internet service providers give up information on the web-browsing habits of their subscribers.'" (Excerpt continues below.) "In a world where people post up-to-the-minute location information through Facebook Places or Foursquare, the police may feel justified in attaching a GPS to your car. In a world where people tweet about their sexual experiences and eager thousands read about them the morning after, it may well be reasonable for law enforcement, in pursuit of terrorists and criminals, to spy with high-powered binoculars through people's bedroom windows or put concealed cameras in public restrooms. In a world where you can listen to people shouting lurid descriptions of their gall-bladder operations into their cell phones, it may well be reasonable to ask telephone companies or even doctors for access to their customer records. If we the people don't consider our own privacy terribly valuable, we cannot count on government — with its many legitimate worries about law-breaking and security — to guard it for us.'" -
Drones, Dogs and the Future of Privacy
An anonymous reader writes "Stanford's Ryan Calo has previously told us that 'that there is very little in American privacy law that would prohibit drone surveillance within our borders.' But will UAVs not only be legally permitted to monitor us in public, but also be used to 'peer' into homes with high-tech thermal and chemical sensors and alert police to the presence of illicit substances or other suspicious activity? Calo writes in Wired about a pending Supreme Court case, Florida v. Jardines, which will determine 'whether the police need a warrant before a dog can sniff your house' like they already do to luggage at airports. According to Calo, if the Court approves of these searches, it's a small leap to extend that same logic to the use of drones, allowing them 'to roam a neighborhood in search of invisible infractions such as indoor marijuana.' He concludes: 'The wrong decision in Jardines makes this and similar surveillance scenarios uncomfortably plausible.'" -
Europe's 'Right To Be Forgotten' Threatens Online Free Speech
An anonymous reader writes "Jeffrey Rosen, Legal Affairs Editor for The New Republic, explains why the E.U.'s proposed data protection regulation known as the right to be forgotten is actually 'the biggest threat to free speech on the Internet in the coming decade.' In the Stanford Law Review Online (there's a shorter version in TNR), he writes: 'The right to be forgotten could make Facebook and Google, for example, liable for up to two percent of their global income if they fail to remove photos that people post about themselves and later regret, even if the photos have been widely distributed already. Unless the right is defined more precisely when it is promulgated over the next year or so, it could precipitate a dramatic clash between European and American conceptions of the proper balance between privacy and free speech, leading to a far less open Internet.' According to Rosen, the 'right' goes farther than previously thought, treating 'takedown requests for truthful information posted by others identically to takedown requests for photos I've posted myself that have then been copied by others: both are included in the definition of personal data as "any information relating" to me, regardless of its source.' Examples of previous attempts this might bolster include 'efforts by two Germans convicted of murdering a famous actor to remove their criminal history from the actor's Wikipedia page' and an 'Argentine pop star [who] had posed for racy pictures when she was young, but recently sued Google and Yahoo to take them down.'" -
Famous For Fifteen People: Is Everyone a 'Facebook Celebrity'?
An anonymous reader writes "In the Stanford Law Review Online, authors Frankel, Brookover & Satterfield discuss an ongoing lawsuit against Facebook where plaintiffs claimed the social network's 'Sponsored Stories,' displaying advertisements on Facebook including 'the names and pictures of users who have "Liked" a product,' violated the law. Facebook responded by asserting that '(1) Plaintiffs are "public figures" to their friends, and (2) "expressions of consumer opinion" are generally newsworthy.' The authors discuss the substantial impact this case might have on online privacy going forward: 'The implications are significant and potentially far-reaching. The notion that every person is famous to his or her "friends" would effectively convert recognizable figures within any community or sphere, however small, into individuals whose lives may be fair game for the ever-expanding (social) media. If courts are willing to find that nontraditional subjects (such as Facebook users) are public figures in novel contexts (such as social media websites), First Amendment and newsworthiness protections likely will become more vigorous as individual privacy rights weaken. Warren and Brandeis's model of privacy rights, intended to prevent media attention to all but the most public figures, will have little application to all but the most private individuals.'" -
Yes We Can (Profile You): a Brief Primer On Campaigns and Political Data
An anonymous reader writes "In the Stanford Law Review Online, Professor Daniel Kreiss discusses 'the history of political data, focusing on the recent proliferation in voter data and development of new voter-modeling techniques,' and how 'these data practices undermine privacy and democratic practice, even as they increase participation and voter turnout.' He writes: 'Underlying all of this is a vast data infrastructure that has made targeted online advertising and marketing possible, and has contributed to a revival of field campaigning over the last decade. Online advertising and field campaigning rely on voter modeling based on hundreds of data points culled from surveys, public records, and commercial information sources such as credit histories. This data details the location, demographics, political affiliations, social networks, behavior, and interests of citizens.'" -
The Iraq War, the Next War, and the Future of the Fat Man
An anonymous reader writes "The Stanford Law Review Online has just published an Essay by Yale's Stephen L. Carter entitled 'The Iraq War, the Next War, and the Future of the Fat Man.' He provides a retrospective on the War in Iraq and discusses the ethical and legal implications of the War on Terror and 'anticipatory self-defense' in the form of drones and targeted killings going forward. He writes: 'Iraq was war under the beta version of the Bush Doctrine. The newer model is represented by the slaying of Anwar al-Awlaki, an American citizen deemed a terror threat. The Obama Administration has ratcheted the use of remote drone attacks to unprecedented levels — the Bush Doctrine honed to rapier sharpness. The interesting question about the new model is one of ethics more than legality. Let us assume the principal ethical argument pressed in favor of drone warfare — to wit, that the reduction in civilian casualties and destruction of property means that the drone attack comports better than most other methods with the principle of discrimination. If this is so, then we might conclude that a just cause alone is sufficient to justify the attacks. ... But is what we are doing truly self-defense?'" -
Law Professors On SOPA and PIPA: Don't Break the Internet
An anonymous reader writes "Law professors Mark Lemley, David S. Levine, and David G. Post have just published a piece on the PROTECT IP Act and the Stop Online Piracy Act. In Don't Break the Internet, they argue that the two bills — intended to counter online copyright and trademark infringement — 'share an underlying approach and an enforcement philosophy that pose grave constitutional problems and that could have potentially disastrous consequences for the stability and security of the Internet's addressing system, for the principle of interconnectivity that has helped drive the Internet's extraordinary growth, and for free expression.' They write, 'These bills, and the enforcement philosophy that underlies them, represent a dramatic retreat from this country's tradition of leadership in supporting the free exchange of information and ideas on the Internet. At a time when many foreign governments have dramatically stepped up their efforts to censor Internet communications, these bills would incorporate into U.S. law a principle more closely associated with those repressive regimes: a right to insist on the removal of content from the global Internet, regardless of where it may have originated or be located, in service of the exigencies of domestic law.'" -
Domestic Surveillance Drones Could Spur Tougher Privacy Laws
An anonymous reader writes "Have you ever been spied on by a surveillance drone? No? Are you sure? Maybe it looked like a hummingbird. Or an insect. Or maybe it was just really high up. Maybe there's one looking in your window right now, and if so, there's no law that says it shouldn't. In a recent article in the Stanford Law Review, Ryan Calo discusses how domestic surveillance drones would fit into the current legal definitions of privacy (and violations thereof), and how these issues could inform the future of privacy policy. The nutshell? Surveillance robots have the potential to fundamentally degrade privacy to such an extent that they could serve as a catalyst for reform."