A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENTS

A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENT

A Deep Dive into Technical Encryption Concepts to Better Understand Cybersecurity & Data Privacy Legal & Policy Issues

Lawyers wishing to exercise a meaningful degree of leadership at the intersection of technology and the law could benefit greatly from a deep understanding of the use and application of encryption, considering it arises in so many legal scenarios. For example, in FTC v. Wyndham1 the defendant failed to implement nearly every conceivable cybersecurity control, including lack of encryption for stored data, resulting in multiple data breaches and a consequent FTC enforcement action for unfair and deceptive practices. Other examples of legal issues requiring use of encryption and other technology concepts include compliance with security requirements of GLBA & HIPAA, encryption safe harbors relative to state data breach notification laws and the CCPA, the NYDFS Cybersecurity Regulation, and PCI standards. Further, some policy discussions have taken place in 2020 regarding encrypted DNS over HTTPS, and lawyers would certainly seem to benefit from a better understanding of relevant encryption concepts to assess the privacy effectiveness of emerging encryption technologies, such as encrypted DNS. Finally, the need for technology education for lawyers is evidenced by North Carolina and Florida requiring one or more hours in technology CLE and New York in 2020 moving toward required CLE in the area of cybersecurity specifically. This article observes that there is a continuing desire for strong encryption mechanisms to advance the privacy interests of civilians’ online activities/communications (e.g., messages or web browsing). Law enforcement advocates for a “front door,” requiring tech platforms to maintain a decryption mechanism for online data, which they must produce upon the government providing a warrant. However, privacy advocates may encourage warrant-proof encryption mechanisms where tech platforms remove their ability to ever decrypt. This extreme pro-privacy position could be supported based on viewing privacy interests under a lens such as Blackstone’s ratio. Just as the Blackstone ratio principle favors constitutional protections that allow ten guilty people to go free rather than allowing one innocent person suffer, individual privacy rights could arguably favor fairly unsurveillable encrypted communications at the risk of not detecting various criminal activity. However, given that the internet can support large-scale good or evil activity, law enforcement continues to express a desire for a front door required by legislation and subject to suitable privacy safeguards, striking a balance between strong privacy versus law enforcement’s need to investigate serious crimes. In the last few decades, law enforcement appears to have lost the debate for various reasons, but the debate will likely continue for years to come. For attorneys to exercise meaningful leadership in evaluating the strength of encryption technologies relative to privacy rights, attorneys must generally understand encryption principles, how these principles are applied to data at rest (e.g., local encryption), and how they operate with respect to data in transit. Therefore, this article first explores encryption concepts primarily with regard to data at rest and then with regard to data in transit, exploring some general networking protocols as context for understanding how encryption can applied to data in transit, protecting the data payload of a packet and/or the routing/header information (i.e., the “from” and “to” field) of the packet. Part 1 of this article briefly explores the need for lawyers to understand encryption. Part 2 provides a mostly technical discussion of encryption concepts, with some legal concepts injected therein. Finally, Part 3 provides some high level legal discussion relevant to encryption (including arguments for and against law enforcement’s desire for a front door). To facilitate understanding for a non-technical legal audience, I include a variety of physical world analogies throughout (e.g., postal analogies and the like)

Latent class analysis for evaluating a multi-item scale to measure customer satisfaction with reference to a shopping good: a pair of branded jeans

In the field of marketing many objects of interest exist that are not directly observable, nevertheless they can be measured through multi-item measurement scales. As a consequence, this kind of instruments are extremely useful and their importance requires an accurate development and validation procedure. The traditional marketing literature highlights specific protocols along with statistical instruments and techniques to be used for achieving this goal. For example, correlation coefficients, univariate and multivariate analysis of variance and factorial analysis are widely employed with this purpose. However, these kind of statistical tools are usually suited for metric variables but they are adopted even when the nature of the observed variables is different, as it often occurs, since in many cases the variables measured by the items of which the scale is made up are ordinal. On the contrary, latent class analysis takes explicitly into account the ordinal nature of the observed variables and also the fact that the object of interest, that has to be measured, is unobservable. The aim of this paper is showing how latent class analysis can improve the procedures for developing and validating a multi-item measurement scale for measuring customer satisfaction with reference to a shopping good that is a good characterized by a high level of involvement and an emotional learning, linked to the lifestyle of the customer. This latent class approach explicitly considers both the ordinal nature of the observed variables and the fact that the construct to be measured is not directly observable. Especially, applying appropriate latent class models, important features such as scale dimensionality, criterion and construct validity can be better assessed while evaluating the scale

The Right to Data Privacy: Revisiting Warren & Brandeis

In their famous 1890 article The Right to Privacy, Samuel Warren and Louis Brandeis found privacy as an implicit right within existing law. Regarded as perhaps the most influential legal essay of all time, it offers concepts that ring as true today as they did in 1890. In defining privacy as an important legal principle implicit in the law, they focused on information privacy, such as public disclosure of personal information, rather than decisional privacy. Analyzing the 1890 article is an ideal starting point to assess the origins of privacy law and to understand privacy issues from a simpler time in terms of law and technology. Its concepts thus provide an easily understandable frame of reference before diving into more challenging modern issues and assessing a path forward. Accordingly, this article compares each key principle from 1890 and explores privacy issues that remain similar versus privacy issues that seem new based on particular advances in technology. The key similarity between 1890 and today is that problems of information dissemination present similar issues, albeit on a larger scale. Some key differences between 1890 and today, however, are that computer technologies now allow for massive data collection, massive data retention and increasingly aggressive data analysis that can be used to abuse privacy even with ostensibly public data. Warren and Brandeis taught us that new technologies continually present new privacy issues; so as new technologies are evolving today, thought must still be given to how the law might flexibly adapt to new and unforeseen changes in tech. Their article exposed that various U.S. laws were insufficient in 1890 to broadly protect information privacy, causing Warren and Brandeis to imply a broad right. Today, the same problem persists: laws within the U.S. are inadequate to address privacy harms caused by continually evolving technologies. The U.S. still has no broad express privacy law, and a path forward might contemplate making express what Warren and Brandeis had to imply in order to address new privacy harms. I propose two key ideas. First, the law needs to more clearly distinguish decisional privacy from information privacy. Decisional privacy is really not a privacy interest at all and is instead a personal liberty interest separate from information privacy. Second, when contemplating legal protection for information privacy, perhaps it’s time to consider the arduous and improbable task of enacting a constitutional amendment guaranteeing broad and general protection against information privacy abuse from both government and private actors. While difficult to enact, a broad express federal right could provide significant advantages, such as (1) establish a baseline right from which states and Congress could add consistent legislation; (2) enable courts to restrict clear instances of privacy abuse without waiting for Congress to act, which seems especially helpful given the expected proliferation of artificial intelligence (“AI”) and new and unforeseen privacy harms; (3) increase harmonization with the European Union (“E.U.”) and potentially other jurisdictions; (4) and finally, avoid the problem of originalist or strict constructionist judges refusing to infer or imply a constitutional information privacy right in the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization, 597 U.S. __ (2022), decision. Thus, a flexible and general broad right of federal protection from information privacy abuse might provide an optimal, flexible baseline for courts and regulators to quickly restrict new privacy abuses while allowing time for the states and Congress to enact further detailed legislation

Un metodo alternativo di validazione delle scale di misura: l'analisi a classi latenti

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THE DEVELOPMENT OF AN INTROVERSION - EXTRAVERSION SCALE FOR THE PICTURE-PREFERENCE TEST.

Dept. of Psychology. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis1977 .V655. Source: Dissertation Abstracts International, Volume: 38-10, Section: B, page: 5049. Thesis (Ph.D.)--University of Windsor (Canada), 1977

Leadership in Design and Construction Education and Practice

It has been conveyed that inspiration and creativity are the greatest strengths of architects. Those who possess them often demonstrate innovation and ability to transform diverse, often contradictory, information into a cohesive design. Yet, having architectural and design talent may suggest to some that they also have a broader skill set. Among the competencies that do not necessarily co-exist with inspiration and creativity are those associated with managing or leading a complex project or organization. Leadership and many of the administrative and project management competencies needed to operate in the modern complex environment of the Architecture profession are largely absent from educational programs which specialize in producing architects and designers. Therefore, if architects must possess both talent and leadership competencies, what is to be done to support the growth, development and sustainability of the profession? This challenge was presented to the College of Architecture and the Built Environment (CABE) by their Advancement Council, a community of working professionals who offered advice and support to the College. Specifically, CABE was asked to find a way to add to their academic curriculum new and appropriate education that would prepare their graduates for the leadership and management responsibilities which existed and were increasing within the professional environment of architecture and design. The premise of this challenge was that the current curriculum failed to adequately prepare students with the confidence and competence needed to be successful. In response to this, the approach taken by the Doctor of Management in Strategic Leadership (DSL) Team in this phase of our project was to focus on identifying the characteristics within the architecture industry/ professional that people should possess in terms of competencies, i.e., knowledge and skills that could be learned/developed, and in terms of traits that could be identified and supported in order to emerge as a “true leader.” Using participant interview methods from established professionals in the industry, we identified leadership themes that impact emergent behavior for CABE graduates. At the time of this project, Philadelphia University was beginning the process of integrating with Thomas Jefferson University