Feb 282013
 February 28, 2013  Posted by  Misc

The current issue of Yale Journal of Law & Technology includes two privacy-related articles. Here’s their summary, but it looks like a subscription is required to access the full articles:

Christina P. Moniodis 
15 Yale J.L. & Tech. 139
The Supreme Court’s data privacy jurisprudence consists of only two cases, yet these cases have fueled a circuit split on data privacy rights. The Court’s hesitance to foray into data privacy law may be because the nonrival, invisible, and recombinant nature of information causes plaintiffs’ harms to elude courts. Such harms threaten the democratic relationship between citizen and state.
Michael Birnhack 
15 Yale J.L. & Tech. 24
Is technology-neutral legislation possible? Technological neutrality in legislation is often praised for its flexibility and ability to apply to future technologies. Yet, time and again we realize that even if the law did not name any technology, it was nevertheless based on an image of a particular technology. When new technologies appear, they expose the underlying technological mindset of the existing law. This article suggests that we read technology-related laws to uncover their hidden technological mindset so that we can better understand the law and prepare for the future.

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