This comprehensive reference covers the laws governing every area where data privacy and security is potentially at risk -- including government records, electronic surveillance, the workplace, medical data, financial information, commercial transactions, and online activity, including communications involving children.
As the global economy, government surveillance, commercial online activity, and data theft continue to grow, it's become much harder for corporations, employers, government agencies, and their legal advisors to keep pace with laws designed to ensure data privacy and security. Proskauer on Privacy is a crucial new resource for every public and private entity trying to comply with complex federal, state, and foreign data privacy and security standards - and avoid costly sanctions and lawsuits. Proskauer covers every key sector, every important law. Written by data privacy experts from the top Washington-based law firm of Proskauer Rose LLP, as well as from government, business, and academia, Proskauer on Privacy clarifies and analyzes data privacy and security laws having to do with government recordkeeping, electronic surveillance, financial information, medical records, the workplace, commercial transactions, and online activity, including communications involving children. Here, in one convenient resource, is thorough coverage of the: bull; Foreign Intelligence Surveillance Act bull; Electronic Communications Privacy Act bull; Freedom of Information Act bull; Privacy Act of 1974 bull; Health Insurance Portability and Accountability Act
This is a book about what privacy is and why it matters. Governments and companies keep telling us that Privacy is Dead, but they are wrong. Privacy is about more than just whether our information is collected. It's about human and social power in our digital society. And in that society, that's pretty much everything we do, from GPS mapping to texting to voting to treating disease. We need to realize that privacy is up for grabs, and we need to craft rules to protect our hard-won, but fragile human values like identity, freedom, consumer protection, and trust.
Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.
Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasingat a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented through inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach, butdoesn't recognize other contributors to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage inrisky behaviors, and more.The law's also ignores the role that good privacy practices can play. Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course byfocusing on the human side of security. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind. The book closes witha roadmap for how we can reboot law and policy surrounding cybersecurity so that breaches become much rarer events.
Face recognition technologies (FRTs) have many practical security-related purposes, but advocacy groups and individuals have expressed apprehensions about their use. This report highlights the high-level privacy and bias implications of FRT systems. The authors propose a heuristic with two dimensions -- consent status and comparison type -- to help determine a proposed FRT's level of privacy and accuracy. They also identify privacy and bias concerns.
Drawing upon a wealth of experience from academia, industry, and government service, Cyber Security Policy Guidebook details and dissects, in simple language, current organizational cyber security policy issues on a global scale—taking great care to educate readers on the history and current approaches to the security of cyberspace. It includes thorough descriptions—as well as the pros and cons—of a plethora of issues, and documents policy alternatives for the sake of clarity with respect to policy alone. The Guidebook also delves into organizational implementation issues, and equips readers with descriptions of the positive and negative impact of specific policy choices. Inside are detailed chapters that: Explain what is meant by cyber security and cyber security policy Discuss the process by which cyber security policy goals are set Educate the reader on decision-making processes related to cyber security Describe a new framework and taxonomy for explaining cyber security policy issues Show how the U.S. government is dealing with cyber security policy issues With a glossary that puts cyber security language in layman's terms—and diagrams that help explain complex topics—Cyber Security Policy Guidebook gives students, scholars, and technical decision-makers the necessary knowledge to make informed decisions on cyber security policy.
“Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how.” —Lawrence Lessig “Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace—explain how a new technology will upend the current legal and social order... Blockchain and the Law is not just a theoretical guide. It’s also a moral one.” —Fortune Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create “smart contracts,” to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities’ ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking. “If you...don’t ‘get’ crypto, this is the book-length treatment for you.” —Tyler Cowen, Marginal Revolution “De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address.” —James Ryerson, New York Times Book Review