scholarly journals What Would Grandma Say? How to Respond When Cyber Hackers Reveal Private Information to the Public

2018 ◽  
Author(s):  
Jason P. Ottomano
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Service Providers ◽  
Personal Information ◽  
Vice President ◽  
The United States ◽  
Class Action ◽  
Data Breach ◽  
Good Samaritan ◽  
Ashley Madison

102 Cornell L. Rev. 1743 (2017)On August 18, 2015, a group of hackers named Impact Team released 37 million records—9.7 gigabytes of data—from the Toronto-based website Ashley Madison. The hackers claimed to be motivated by the alleged unscrupulous practices of Ashley Madison’s parent company, Avid Life Media Inc., such as false advertising and failing to follow through on a datapurging procedure for which it charged members a nineteendollar fee, The data dump has affected people from all walks of life, including 15,000 government employees, Vice President Joe Biden’s son, and individuals who, because of this data breach, learned that strangers used their e-mail addresses to create Ashley Madison accounts. Former subscribers to the website have received demands to pay money in the form of bitcoins as a ransom on their personal information. The data breach is likely related to at least two suicides thus far. Lawsuits against Avid Life Media Inc. have commenced, and more are in the planning stages; some plaintiffs hope to coordinate class action litigation. Despite the understandable outrage that the website’s members and former members feel, many lawyers are not optimistic about the chances of recovering damages from Ashley Madison or Avid Life Media Inc. This Note will explore the avenues for recovery available to individuals who lose control of their personal information when the security of an organization that collects or holds such information is compromised. This Note will begin by tracing the development of privacy jurisprudence as it specifically relates to the creation and eventual prominence of the Internet in the United States. Next, the piece will discuss the emerging split of authority surrounding a question of statutory interpretation presented by the Good Samaritan exception of the Telecommunications Act of 1996. Specifically, the issue is whether 47 U.S.C. § 230(e)(2)—a carve-out within the Good Samaritan exception that withholds immunity for civil liability for intellectual property claims—applies to federal intellectual property laws only, or to both federal and state intellectual property laws. The piece will then conclude that if the Supreme Court were to resolve this split of authority, it should, and likely would, hold that § 230(e)(2) withholds immunity from claims brought under both federal and state intellectual property laws. Finally, this Note will present new policy proposals that Congress and interactive computer service providers (ICSPs) could pursue in light of that conclusion.

Data breach trends in the United States

2015 ◽  
Vol 22 (2) ◽  
pp. 242-260 ◽  
Author(s):  
Robert E. Holtfreter ◽  
Adrian Harrington
Keyword(s):  
Nonprofit Organizations ◽  
Personal Information ◽  
The United States ◽  
Annual Number ◽  
Privacy Rights ◽  
Data Breach ◽  
Content Type ◽  
Data Breaches ◽  
The Usa ◽  
Consumer Advocate

Purpose – The main purpose of this paper is to analyze the trends of various types of data breaches and their compromised records in the USA using a new model recently developed by the authors. Design/methodology/approach – The 2,280 data breaches and over 512 million related compromised records tracked by the Privacy Rights Clearinghouse from 2005 through 2010 were analyzed and classified into four external, five internal and one non-traceable data breach categories, after which trends were determined for each. Findings – The findings indicate that although the trends for the annual number of data breaches and each of the internal and external categories and their related compromised records have increased over the six-year period, the changes have not been consistent from year to year. Practical implications – By classifying data breaches into internal and external categories with the use of this new data breach model provides an excellent methodological framework for organizations to use to develop more workable strategies for safeguarding personal information of consumers, clients, employees and other entities. Originality/value – The topic of data breaches remains salient to profit and nonprofit organizations, researchers, legislators, as well as criminal justice practitioners and consumer advocate groups.

scholarly journals Whose risk and wellbeing? Three perspectives of online privacy in relation to children and young people’s wellbeing

2019 ◽  
Vol 170 (1) ◽  
pp. 90-99 ◽  
Author(s):  
Lucas Walsh
Keyword(s):  
At Risk ◽  
Private Information ◽  
Service Providers ◽  
Personal Information ◽  
School Principal ◽  
Meso Level ◽  
New School ◽  
History Of ◽  
Youth At Risk ◽  
Nuanced Understanding

During the course of applied research into the challenges of providing integrated government services to support children and young people (CYP) at risk, a school principal recounted an incident involving an attempted suicide by a pupil who had recently arrived at the school and had a documented history of mental health issues and previous attempts to take his own life; however, this was not communicated to the school in part because of privacy concerns in sharing his case history. Critical information was not shared with staff at his new school that would have drawn attention to the young male’s suicidal tendency. Sometimes, the privacy of CYP is accorded more importance than their overall wellbeing; however, deeper investigation reveals something more complex at play. This article first examines the macro-perspective of efforts by government policy to mitigate breaches of privacy through regulation of online access and the shaping of CYP’s digital practices. Second, it explores how schools and service providers at the meso-level face difficult challenges in sharing information about CYP. Third, this discussion draws on perspectives of privacy derived from CYP themselves at the micro-level in relation to considerations such as the giving and withholding of personal information online, its theft and legacy issues potentially arising from the disclosure of private information online that may impact the individual’s ‘digital footprint’ later in life. Research suggests that a shift from risk to resilience is taking place that entails a potential move from deficit assumptions about youth ‘at-risk’ and ‘as risk’ to a more nuanced understanding of the privacy of CYP shaped by social ecologies of resilience. However, certain challenges persist in the sharing of information at the meso-level.

scholarly journals The Substance of Procedure: Non-Party Disclosure in the Canadian and U.S. Online Music Sharing Litigation

2016 ◽  
Author(s):  
Jane Bailey
Keyword(s):  
Private Information ◽  
Service Providers ◽  
The United States ◽  
Public And Private ◽  
Internet Service ◽  
Online Music ◽  
Legal Outcomes ◽  
Internet Connections ◽  
The Individual ◽  
The U.S

The music recording industry is suing Internet subscribers in Canada and the United States for alleged copyright infringement in unprecedented numbers. The procedure for obtaining non-party disclosure has taken on renewed significance in this context, as the industry requests disclosure of identifying and private information from Internet Service Providers (ISPs) who provide online communicators with their Internet connections. Legislative measures adopted in the U.S. expedited the disclosure process through an administrative mechanism with low threshold requirements for issuance of a subpoena against an ISP. In Canada (and after late 2004 in the U.S.), disclosure requests proceeded under federal rules of court. Comparison of the expedited administrative and the judicially interpreted rules-based processes raises important questions about the connection between procedure and substance, and procedural justice more generally. Not only are more permissive rules for disclosure often inconsistent with protecting substantive rights, such as privacy, bin they also cannot be presumed to enhance the likelihood of achieving accurate substantive legal outcomes. If non-party disclosure rules are not contextually designed and implemented to reflect the power and resource imbalance between the plaintiff music industry and the individual defendants pursued in online music sharing litigation, the public and private interest in substantive adjudication of critical questions relating to copyright law may be foreclosed for reasons wholly unrelated to substantive legal merits.

scholarly journals Liability of Internet Service Providers for Online Copyright Infringement: International Experience and Recommendations for Vietnam

2021 ◽  
Vol 37 (2) ◽  
Author(s):  
Nguyen Bich Thao ◽  
Le Hong Linh ◽  
Khuc Thi Phuong Anh ◽  
Nguyen Hoang Quynh
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Service Providers ◽  
The United States ◽  
Property Law ◽  
Internet Service Providers ◽  
The European Union ◽  
Internet Service ◽  
Intellectual Property Law ◽  
Internet Users

The advent of the Internet has posed unprecedented challenges on enforcing copyright. Online copyright infringements are pervasive, while it is not easy to impose liability on direct infringers, i.e., Internet users. This leads to a debate over whether online platforms or online intermediaries, which are often named “Internet Service Providers” (ISPs), should be held liable for these infringing activities or not, and if so, how to balance between Internet freedom, technological innovation and the need for effective copyright enforcement in the digital era. The aim of this paper is to provide answers to these questions by analyzing ISP’s liability from different international approaches such as the United States, the European Union, and China; hence, some experience for Vietnam could be drawn. Finally, the authors make recommendations to address the shortcomings in Vietnam’s intellectual property law with respect to ISP’s liability. This research is perfectly timing, given that Vietnam is amending its Intellectual Property Law to implement its commitments under the new generation free trade agreements and to meet the demand of the Fourth Industrial Revolution

Off to a bad start: John Adams’s tussle over titles

2008 ◽  
Vol 4 ◽  
Author(s):  
James C Alexander
Keyword(s):  
United States ◽  
United States Of America ◽  
Vice President ◽  
The United States ◽  
John Adams ◽  
The Press ◽  
First Session

From the first days, of the first session, of the first Congress of the United States, the Senate was consumed by an issue that would do immense and lasting political harm to the sitting vice president, John Adams. The issue was a seemingly unimportant one: titles. Adams had strong opinions on what constituted a proper title for important officers of government and, either because he was unconcerned or unaware of the damage it would cause, placed himself in the middle of the brewing dispute. Adams hoped the president would be referred to as, “His highness, the President of the United States of America, and Protector of the Rights of the Same.” The suggestion enraged many, amused some, and was supported by few. He lost the fight over titles and made fast enemies with several of the Senators he was constitutionally obligated to preside over. Adams was savaged in the press, derided in the Senate and denounced by one of his oldest and closest friends. Not simply an isolated incident of political tone-deafness, this event set the stage for the campaign against Adams as a monarchist and provided further proof of his being woefully out of touch.

Protecting User Interfaces

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
User Interfaces ◽  
Patent Protection ◽  
The United States ◽  
Graphical User Interfaces ◽  
Unfair Competition ◽  
European Patent ◽  
Intellectual Property Rights Protection

This chapter examines the scope of protection to which graphical user interfaces may be eligible under various intellectual property rights: namely, trade marks, unfair-competition laws, design rights, copyright, and patents. It first considers the extent of copyright protection over a software product’s ‘look-and-feel’ elements, with particular emphasis on graphical user interfaces protection under US and EU laws. It then discusses trade-mark, trade-dress, and unfair-competition protection for graphical user interfaces, along with intellectual property rights protection for design patents and registered designs. Finally, it describes the patent protection for graphical user interfaces in the United States and at the European Patent Office.

scholarly journals Good Samaritan laws and overdose mortality in the United States in the fentanyl era

2021 ◽  
Vol 97 ◽  
pp. 103294
Author(s):  
Leah Hamilton ◽  
Corey S. Davis ◽  
Nicole Kravitz-Wirtz ◽  
William Ponicki ◽  
Magdalena Cerdá
Keyword(s):  
United States ◽  
The United States ◽  
Good Samaritan ◽  
Overdose Mortality ◽  
Good Samaritan Laws
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