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...
Michael P. Daly | August 25, 2017 | Consumer Contracts
Last year, the Southern District of New York refused to enforce Uber’s Terms of Service because it believed that the agreement’s placement was inconspicuous and the consumer’s acceptance was ambiguous. Last week, the Second Circuit vacated that order and found that...
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...
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...
Jennifer Morinigo | September 27, 2016 | Policing
The Brennan Center for Justice and the Policing Project teamed up to host policing experts at a day-long conference, Policing and Accountability in the Digital Age, at NYU Law. The series of panels discussed the opportunities and challenges presented by rapid advances...
