Daniel Solove | July 13, 2018 | Data Privacy
In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018. This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name. The ballot initiative was the...
Stephen E. Henderson | September 22, 2017 | Data Privacy, Policing, Sentencing
As with most new things, the big data revolution in criminal justice has historic antecedents—indeed, a 1965 Presidential Commission called for some of the same data analysis that police departments and courts are today developing and implementing. But there is no...
Taylor Carroll | March 16, 2017 | Data Privacy
There have been reports of Customs and Border Protection (CBP) agents asking people entering the U.S. to unlock their electronic device and inspect it. More often than not, a refusal to hand over the device and passcode could result in it being seized and the person...
Taylor Carroll | January 25, 2017 | Data Privacy
In Minnesota v. Diamond, the Minnesota Court of Appeals affirmed that an order requiring a suspect to provide his fingerprint to unlock his cellphone was constitutional. The suspect’s attorney argued that the court violated his client’s Fifth Amendment right against...
Orin S. Kerr | December 9, 2016 | Data Privacy, Sentencing
This article argues that the existing regime for sentencing violations of the Computer Fraud and Abuse Act (“CFAA”) is based on a conceptual error that consistently leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations...
