PRIVACY + SECURITY BLOG

News, Developments, and Insights

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What Is Empathy? Obama’s Philosophy of Law and the Next Supreme Court Justice

Supreme Court

There has been a lot of discussion on what President Obama meant when he said he wanted to choose a person who would judge with “empathy” for the U.S. Supreme Court.   When articulating his decision to vote against Chief Justice John Roberts, Obama noted that 95 percent of cases would be relatively straightforward where most justices would agree, but “what matters on the Supreme Court is those 5 percent of cases that are truly difficult.”  Obama further explained:

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Family Privacy Rights in Death-Scene Images of the Deceased

Death Scene Photos and Privacy

In Newsweek, Jessica Bennett tells the tragic story about a family being harassed by the spread of death-scene images of their daughter, who was killed in an automobile accident. The photos of Nikki Catsouras were particularly gruesome — Nikki was decapitated in the crash. According to the article, soon after the crash, photos taken by the California Highway Patrol started circulating on the Internet:

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CCR Symposium: Anonymity and Traceability

Anonymous

In an interesting and thoughtful critique of Danielle Citron’s Cyber Civil Rights, Michael Froomkin argues that Danielle’s proposal to require ISPs to maintain records of IP addresses will spell “the complete elimination of anonymity on the US portion of the Internet in order to root out hateful speech.” Anonymous speech should be strongly protected, as it is key to allowing people to express themselves candidly and openly, without fear of reprisal. It is especially important to promote dissenting views that are outside the mainstream of conventional thought. But the key issue with anonymity online is: How much do we want to protect it? Anonymous speech can lead to harmful defamation, invasion of privacy, intentional infliction of emotional distress, as well as criminal conduct, such as the spread of child porn. Is there a way to protect anonymity yet not let it get too out of hand?

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Should We Have Professional Juries?

Professional Juries

According to Legal Profession Blog:

The New Jersey Appellate Division reversed an $876,000 plaintiff’s verdict in a slip-and-fall case where the plaintiff had fallen while looking for pantyhose in aisle five of a supermarket owned by the defendant. . . . [T]he jury foreperson was a New Jersey State Senator, full-time law professor and lawyer who had published an article in the New Jersey Law Journal about his experiences serving as a juror. The defendant contended that the article “disclosed that he improperly influenced the jurors and that there was apparent misunderstanding of the jury charges.”

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