Laura Biber

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Does Anti-Paparazzi Mean Anti-Press? First Amendment Implications of Privacy Legislation for the Newsroom
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This article provides some insight into why the California anti-paparazzi laws were passed and analyzes the First Amendment implications of freedom of the press that are raised by these laws. 

Created on April 24, 2016 2397

Is Driving with the Intent to Gather News a Crime? The Chilling Effects of California’s Anti-Paparazzi Legislation
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This article examines the constitutionality of California's anti-paparazzi laws (as amended in 2010). The author argues that the laws "needlessly modify existing law at the expense of the First Amendment guarantee of a free press."

Created on April 24, 2016 2352

United States v. Dooley, 688 F.3d 318 (7th Cir. 2012)
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The question in this case was whether the 2 year mandatory sentences for aggravated identity theft should be served consecutively or concurrently in cases where there are multiple violations of the statue. The court held that the sentencing judge has the discretion to make this decision, but that they also must consider the factors listed in US Sentencing Guideline §5G1.2 Application Note 2(B). Factors to be considered include: (1) the nature and seriousness of the underlying offense; (2) whether the underlying offenses are group able under the Sentencing Guidelines; and (3) whether the purposes set forth in the statue are better accomplished by a consecutive or concurrent sentence. 

Created on April 24, 2016 962

United States v. Jaensch, 665 F.3d 83 (4th Cir. 2011)
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In this case, the defendant appealed his conviction of producing a false identification document that appeared to be issued by or under the authority of the United States government, in violation of 18 U.S.C. § 1028. Among the arguments raised on the appeal was that the defendant did not “produce” the ID (he ordered it online). The court held that the defendant was involved in the physical assembly (and therefore production) of the ID because he had to sign and laminate the ID upon receipt. The court suggests he defendant would have produced the ID even if it arrived in the mail laminated. The court cites United States v. Rashwan, 328 F.3d 160, 165 (4th Cir.2003) for the premise that “[w]hether or not [defendant] physically produced the false documents himself is irrelevant to his conviction.”

Study: What FTC Enforcement Actions Teach Us About the Features of Reasonable Privacy and Data Security Practices
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This article argues that one of the challenges with complying with FTC regulations is the lack of clear standards. The author suggests that one way to find some clarity is to look at recent FTC enforcement actions and determine what it is that the FTC found was inadequate in terms of privacy protection. From that information companies could then extrapolate what would have been adequate. The article looks at 47 cases in the following areas: privacy, security, software/product review, service providers, risk assessment, unauthorized access/disclosure, and employee training. 

Created on April 24, 2016 2876

Federal Trade Commission 2014 Privacy and Data Security Update
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This article outlines the ways in which the FTC protects consumer privacy and provides examples of the enforcement actions brought by the FTC to protect consumer privacy. Included in the examples are cases involving spam, social networking, behavioral advertising, pretexting, spyware, peer-to-peer file sharing, and mobile devices.

Created on April 24, 2016 2895

Big Data: Seizing Opportunities, Preserving Values
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This article discusses some of the challenges with "Big Data," one of them being that the amalgamating large amounts of data increases the consequences of any potential data breach (p. 51). The report highlights this risk as one of the reasons that a federal data breach notification statute is needed (p. 61).

Created on April 23, 2016 1043

United States v. Janosko, 642 F.3d 40 (1st Cir. 2011)
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In this case, the court held that the costs incurred by the county in monitoring employees' credit records was a reasonable expense for the which the defendant was properly required to pay restitution. 

Liability for the Costs of Phishing and Information Theft
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This article considers recent trends in liability for the costs of mass thefts of personal data via phishing or data breaches. Among the laws that are considered in the section on relevant civil and criminal laws is the Identity Theft Enforcement and Restitution Act of 2008.

Feds Ready to Tackle Cybercrimes
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This article outlines the changes made by the Identity Theft Enforcement and Restitution Act of 2008, focusing on the Act's emphasis on tackling phishing, spam, and identity theft. The article discusses the several ways in which the Act will make it easier for federal prosecutors to target cyber crimes.