Restoring a Public Interest Vision of Law in the Age of the Internet

In November 2003, Mr. Marc Rotenberg, Executive Director of the Electronic Privacy Information Center, lectured at Duke Law School on the importance of protecting individual privacy. In his remarks, Mr. Rotenberg recounted the successful campaign against the government\u27s Clipper Chip proposal. He argued that successful public interest advocacy in the Internet age requires the participation of experts from many fields, public engagement, and a willingness to avoid a simple balancing analysis. He further concluded that privacy may be one of the defining issues of a free society in the twenty-first century

Plan Now for Managing Electronic Data and Avoid Tomorrow’s Legal Risks

[Excerpt] In a world where the use of electronic data is rapidly increasing, companies must find ways to manage data now so that they effectively control compliance risks. The proliferation of electronic data is both astonishing and overwhelming. Given the storage power of average computers today, even the most modest mom-and-pop business may have electronic storage capacity equivalent to 2,000 four-drawer file cabinets. The task of managing electronic data is further compounded by the fact that the data is no longer just tangible pieces of paper, but rather are bytes of information that are constantly being edited, changed, and updated from different people and sources. Proper archiving, retention, monitoring, filtering, and encryption of electronic data are no longer optional: they are imperative

After the Gold Rush: The Boom of the Internet of Things, and the Busts of Data-Security and Privacy

This Article addresses the impact that the lack of oversight of the Internet of Things has on digital privacy. While the Internet of Things is but one vehicle for technological innovation, it has created a broad glimpse into domestic life, thus triggering several privacy issues that the law is attempting to keep pace with. What the Internet of Things can reveal is beyond the control of the individual, as it collects information about every practical aspect of an individual’s life, and provides essentially unfettered access into the mind of its users. This Article proposes that the federal government and the state governments bend toward consumer protection while creating a cogent and predictable body of law surrounding the Internet of Things. Through privacy-by-design or self-help, it is imperative that the Internet of Things—and any of its unforeseen progeny—develop with an eye toward safeguarding individual privacy while allowing technological development

Is Incorporation of Unauthorized Immigrants Possible? Inclusion and Contingency for Nonstatus Migrants and Legal Immigrants

[Excerpt] What does inclusion for nonstatus migrants look like? How do we recognize and measure inclusion for this population? How might we model inclusion for nonstatus migrants? This essay addresses these questions, drawing primarily on empirical examples from the United States and Spain. Although Spain has become a country of immigration relatively recently, both countries have received large numbers of unauthorized immigrants, especially in the early part of the 2000s. These two countries also illustrate different means of inclusion for unauthorized migrants. During most of the 2000s opportunities for the “regularization” of unauthorized migrants have arguably been greater in Spain than in the United States. Yet in Spain the process has also been highly contingent, with a greater likelihood that regularized immigrants will fall out of status (Calavita 2005). The model of inclusion I develop here aims to capture such varied circumstances across national contexts