Recently, in United States v. Ziegler, a panel of the U.S. Court of Appeals for the Ninth Circuit concluded that under the Fourth Amendment, a private sector employee has no reasonable expectation of privacy in his computer if the employer’s computer administrator has access to that computer.
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Employer Liability for Not Monitoring Its Employees’ Computer Use
The United States v. Ziegler case I wrote about in a previous post brings to mind a radical employment law case decided last December in New Jersey. [Thanks to Charlie Sullivan and Timothy Glynn for bringing the case to my attention]. The case is Doe v. XYC, 887 A.2d 1156 (N.J. Super. 2005). Since I couldn’t find a version […]
Internet Shaming in China
The New York Times has a fascinating and frightening article on Internet shaming in China. From the article:
Is There a Good Response to the “Nothing to Hide” Argument?
One of the most common attitudes of those unconcerned about government surveillance or privacy invasions is “I’ve got nothing to hide.” I was talking the issue over one day with a few colleagues in my field, and we all agreed that thus far, those emphasizing the value of privacy had not been able to articulate […]
The Technicalities and Complexities of Electronic Surveillance Law
Currently, there’s a debate raging about whether the phone companies violated the law when they supplied phone call records to the NSA. Orin Kerr opines:
A Tale of Two Bloggers
Per Paul Caron’s invitation, I’ve decided to write up a short paper based on my comments at the Harvard Bloggership Conference. It is a 5-page essay entitled A Tale of Two Bloggers: Free Speech and Privacy in the Blogosphere. It will be published as part of the symposium. From the abstract:
Get High (and Identified) With a Little Help From Your Friends
It’s time to modernize the lyrics to some old Beatles songs. The University of Colorado police are using a website to post surveillance photos of students and other individuals it wants to identify for smoking pot on Farrand Field. Apparently, there’s a tradition at the University of Colorado for students to spoke pot on Farrand Field on April […]
Stuntz Responds: Further Thoughts on Privacy and Transparency
A few weeks ago, I wrote a post criticizing an essay by William Stuntz (law, Harvard) in The New Republic. Today, he has responded to my post in The New Republic Online. I’ll reply briefly here to a few of Stuntz’s points in response. Stuntz observes:
Sex in Kansas
Yes, Dorothy, you really can tell your doctor about sex in Kansas. A while ago, I wrote about the Kansas Attorney General’s interpretation of a law prohibiting sex with minors under the age of 16 as requiring doctors to report any sexual activity by people under 16 to the state authorities (here and here). Recently, a federal […]
William Stuntz’s Misguided Theory of Privacy and Transparency
William Stuntz (law, Harvard) has long been advancing thoughtful provocative ideas about criminal procedure. I’ve always found Stuntz to be insightful even when I disagree (and I have disagreed with him a lot). Stuntz’s recent essay in The New Republic entitled Against Privacy and Transparency has me not just disagreeing, but doing so rather sharply.