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  • Increasing Lapses in Data Security: The Need for a Common Answer to What Constitutes Standing in a Data Breach Context

    Edelman, Aaron Benjamin (BrooklynWorks, 2019-12-01)
    As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court because of disparate interpretations of standing that create impediments to data breach litigation. This Note examines conflicting holdings of various circuits on issues of standing in data breach contexts and proposes a uniform solution. It posits that applying the “heightened risk of harm” standard to standing would allow victims of stolen personal information to seek recourse in a reasonable set of situations without placing an unfair burden on the breached entities to defend against an avalanche of lawsuits. A “heightened risk of harm” standard would consistently create uniformity in the courts by placing entities that are responsible for the personally identifiable information of others (as defined by each state’s data breach notification statute) on notice that they need adequate security measures to guard against breaches and that they must prepare for lawsuits should those measures be lacking, even if personally identifying information has yet to be used.
  • Do we need an open face recognition search engine?

    Cammozzo, Alberto (2012-11-08)
    The wide application of face recognition technology may expose us to unforeseen situations. Our ability to cope with this technological innovation may have important consequences for human rights and citizens privacy. One of the most bothering issues is information asymmetry being introduced not only in the web, but also in real life situations. Some imaginary situations are listed, along with the technical and normative means to restore information symmetry. One of the possible solutions being the creation of an openly accessible face recognition search engine. Eje: II ETHICOMP Latinoamérica
  • Do we need an open face recognition search engine?

    Cammozzo, Alberto (2012-11-08)
    The wide application of face recognition technology may expose us to unforeseen situations. Our ability to cope with this technological innovation may have important consequences for human rights and citizens privacy. One of the most bothering issues is information asymmetry being introduced not only in the web, but also in real life situations. Some imaginary situations are listed, along with the technical and normative means to restore information symmetry. One of the possible solutions being the creation of an openly accessible face recognition search engine.
  • Mediating Surveillance: The Developing Landscape of European Online Copyright Enforcement

    Jon Bright; José R. Agustina (UACES, 2013-01-01)
    After a period of relative laissez faire, governments around the world are beginning to attempt to regulate online life, for a variety of reasons, through various mechanisms of surveillance and control. The drive to enforce the respect of copyright is at the forefront of these attempts, a highly controversial topic which pits proponents of the rights of the creative industry against advocates of freedom of speech. 
 Apart from their inflammatory nature, one distinguishing characteristic of most of these schemes is that they are mediated: that is, they are conducted with the help of third parties, most often internet service providers. The mediation of surveillance is something as yet relatively underexplored by the field of surveillance studies, whose theoretical tools are by and large focussed on a two way relationship between watcher and watched. This article seeks to remedy this deficit, by examining the dynamics of mediation in the context of online copyright enforcement. We argue that, far from being a neutral process, the displacement of surveillance to third parties has a crucial impact on the way in which it is conducted. In particular, the expanding capacity of mediators becomes a reason for justifying surveillance in and of itself.
  • Mediating Surveillance: The Developing Landscape of European Online Copyright Enforcement

    Jon Bright; José R. Agustina (UACES, 2013-02-01)
    
 After a period of relative laissez faire, governments around the world are beginning to attempt to regulate online life, for a variety of reasons, through various mechanisms of surveillance and control. The drive to enforce the respect of copyright is at the forefront of these attempts, a highly controversial topic which pits proponents of the rights of the creative industry against advocates of freedom of speech.
 Apart from their inflammatory nature, one distinguishing characteristic of most of these schemes is that they are mediated: that is, they are conducted with the help of third parties, most often internet service providers. The mediation of surveillance is something as yet relatively underexplored by the field of surveillance studies, whose theoretical tools are by and large focussed on a two way relationship between watcher and watched. This article seeks to remedy this deficit, by examining the dynamics of mediation in the context of online copyright enforcement. We argue that, far from being a neutral process, the displacement of surveillance to third parties has a crucial impact on the way in which it is conducted. In particular, the expanding capacity of mediators becomes a reason for justifying surveillance in and of itself.

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