PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Using Lawsuits to Unmask Anonymous Bloggers

Anonymous Bloggers

An interesting recently-filed lawsuit raises the issue of whether a company can file a lawsuit just to find out the identity of an anonymous blogger in order to fire him.

The case involves an employee of Allegheny Energy Service who posted an anonymous comment to a Yahoo! message board devoted to his company. He made the posting from his home computer. In the post, he attacked the company’s management as well as the company’s diversity program, using a racial slur in the process.

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Free Credit Reports: My Exciting Adventure

Credit Report

Under the federal Fair and Accurate Credit Transactions Act of 2003, the credit reporting agencies must provide a yearly free credit report to individuals who request it. This was one of the benefits given to consumers by the law in return for extending the federal preemption of certain state law regulations.

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Unusual Law School Classes

Law School Unusual Courses

I recently posted about a law school course about wine, only to discover that it’s not all that unusual. That got me thinking fondly of my days in law school, where there were many unusual courses – probably due to the fact I went to Yale. I located my old course bulletins, and here are 10 of my favorite unusual courses from those bulletins.

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Making Universities Pay for Government Surveillance

Government Surveillance CALEA

In 1994, Congress passed a law called the Communications Assistance for Law Enforcement Act (CALEA), which requires telecommunication providers to build wiretapping and surveillance capabilities for law enforcement officials into their new technologies.

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Genetic Testing: Further Debate with Richard Epstein

Privacy of Genetic Information

Richard Epstein has posted a reply continuing our debate over whether employers should be able to use genetic testing information to make employment decisions regarding employees. Here are the posts in our debate so far:

1. Solove, IBM vs. NBA: Using Employee Genetic Information

2. Epstein, Two Cheers for Genetic Testing

3. Solove, A Reply to Richard Epstein on Genetic Testing

4. Epstein, A Third Cheer for Genetic Testing

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Is There One Best Method of Constitutional Interpretation?

Constitution First Amendment

Although the Supreme Court feels some pressure for consistency via precedent, it doesn’t seem to strive at all for consistency in interpretive approach. Thus, the Court’s opinions are all over the map when it comes to the method of constitutional interpretation. Sometimes the Court reads the Constitution broadly and dynamically; sometimes it interprets the Constitution narrowly; sometimes it becomes a textualist; sometimes it becomes obsessed with original intent. And all this can happen in the same year!

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A Reply to Richard Epstein on Genetic Testing

Genetic Privacy

In his first post to the relatively new Chicago Law Faculty Blog(which has turned out to be a really interesting blog by the way), Professor Richard Epstein argues against my recent post about genetic testing in the workplace. Epstein disagrees with my general view that it is better to restrict employers from using genetic information in making employment decisions.

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IBM vs. NBA: Using Employee Genetic Information

Genetic Privacy

This week, IBM announced that it would not use genetic information in making any employment decision:

On October 10, IBM Chairman Sam Palmisano signed a revision of the company’s equal opportunity policy specifying that IBM would not “use genetic information in its employment decisions.” In doing so, Big Blue became the first major corporation to proactively take this position. “Business activities such as hiring, promotion and compensation of employees will be conducted without regard to a person’s genetics,” wrote Palmisano in a letter to employees announcing the change.

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