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Ohio State Law Journal

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Upcoming Events

Friday, November 15, 2013
9:00 AM - 6:00 PM
Saxbe Auditorium

OSLJ Symposium 2013

Symposium Papers

Presentations

The global diffusion of data privacy laws and their ‘interoperability’

by Graham Greenleaf

The Second Wave of Global Privacy Protection: Opening Remarks

by Peter Swire

Abstracts

When Greed Pushes Privacy Levers: Online Surveillance versus Economic Development in the People’s Republic of China

by Ann Bartow

China is often perceived as a nation with an autocratic government that does not permit its citizens any realistic expectation of personal privacy. Though the Chinese Constitution establishes a right of personal dignity that prohibits insults, libel and defamation, a right to be free of unlawful searches or intrusion into the home, and a right of freedom and privacy with respect to personal correspondence, in practice Chinese citizens endure a lot of scrutiny in their daily lives by minions of the ruling Chinese Communist Party (CCP). . . . Read More

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by Lorrie Cranor, Alessandro Aquisti, Xiaxuan Chen, Pedro Leon, Norman Sadeh, Kevin Scott, & Yang Wang

Anecdotal evidence and scholarly research have shown that a significant portion of Internet users experience regrets over disclosures they have made online. To explore ways to help individuals avoid or lessen regrets associated with online mistakes, we employed lessons from behavioral decision research and soft paternalism to develop three Facebook interfaces that “nudge” users to consider the content and context of their online disclosures more carefully before posting. . . . Read More

Hero or Villain: The Data Controller in Privacy Law and Technologies

by Claudia Diaz, Omer Tene, & Seda Gurses

In Europe, privacy is considered a fundamental human right. Section 8 of the European Convention of Human Rights (ECHR) limits the power of the state to interfere in citizens’ privacy, ”except such as is in accordance with the law and is necessary in a democratic society”. Constitutional privacy protection also appears in the Fourth Amendment to the United States Constitution. . . . Read More

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by Michael Froomkin

The Article describes private incentives and initiatives during the past decade that resulted in the deployment of a variety of technologies and services each of which is unfriendly to anonymous communication. It then looks at three types of government regulation, relevant to anonymity: the general phenomenon of chokepoint regulation, and the more specific phenomena of online identification requirements and data retention (which can be understood as a special form of identification). . . . Read More

Social Data

by Woodrow Hartzog

Robust concentrations of electronic data are not the only large-scale threats to an individual’s privacy online. The social exchange of personal information also poses a systemic risk to users of digital technologies. While the first wave of modern global privacy protections was largely a response to the vulnerabilities wrought by electronic databases, the second wave of global privacy protections should be motivated by, among other things, vulnerabilities created by online social networks and personal information socially shared among peers, a concept this essay calls “social data.” . . . Read More

In Search of the Holy Grail: Can Sector-based Codes of Conduct Achieve Global Harmonization of Privacy Laws?

by Dennis Hirsch

One of the fundamental problems confronting privacy law today is that, while data flows are increasingly global, privacy laws remain national or regional. This mismatch makes it difficult for governments and privacy advocates to monitor and enforce compliance. It also forces businesses to comply with multiple, sometimes conflicting, privacy regimes. . . . Read More

The Characteristics of Modern Government Surveillance

by Gus Hosein

Much of our focus on government surveillance law has been on the procedures of the law: what kind of warrants, under which conditions. Internationally there also tends to be a strong constitutional and human rights protection for communications privacy. Both of these are certainly important, but now the characteristics of the interference are increasingly where the contentions are arising. . . . Read More

In Search of a Transatlantic Personal Data Protection Standard

by Bartosz Marcinkowski

In the EU (including Poland), a discussion is taking place about privacy protection reform. Directions are outlined by the draft General Data Protection Regulation. The purpose of the reform is to unify regulations in EU and to adjust them to information processing techniques. . . . Read More

Deep Packets, Deep Harbours, and Deep Pockets: Some Concerns of Packet Inspection

by Mark Perry & Thomas Margoni

The desirable default for the internet (TCP/IP) is based on sending pieces of data over the net as fast as possible. These communications are chunked into ‘packets’ that are sent over the network toward their destination. Individual packets making up the same communication may take different routes to get to destination in the most fast, efficient and non-congested way. . . . Read More