Google has added a new feature in selected cities to Google Maps. This new feature allows users to view street level shots of each block. For a long time, Google Maps has provided satellite images from above, but Street View allows people to view an area as if standing on the sidewalk. From the NY Times:Continue Reading
I’ve written a short essay (about 20 pages), entitled Data Mining and the Security-Liberty Debate, for an upcoming symposium on surveillance for the U. Chicago Law Review. The symposium website is here [link no longer available]. The symposium looks to be a terrific event. The event will be held on June 15-16, 2007 (registration information is available at the symposium website). Besides myself, participants include Julie Cohen, Ronald Lee, Ira Rubenstein, Ken Bamberger, Deirdre Mulligan, Timothy Muris, Lior Strahilevitz, Anita Allen, Thomas Brown , Richard A. Epstein , Orin Kerr, Patricia Bellia, Richard A. Posner, Paul Schwartz, and Chris Slogobin.Continue Reading
After blogging a few weeks ago about the airline screening playset, I went ahead and ordered one.
Each day, I would check my mailbox, eager with excitement about its arrival. Today, it finally arrived. I rushed to open it and began what would be hours of exciting play. Here’s what came in the playset:
I was a bit disappointed in the toy’s lack of realism. There was only one passenger to be screened. Where were the long lines? The passenger’s clothing wasn’t removable for strip searching. The passenger’s shoes couldn’t be removed either. Her luggage fit easily inside the X-ray machine. There were no silly warning signs not to carry guns or bombs onto the plane. And there was no No Fly List or Selectee List included in the playset.
Another oddity was that the toy came with two guns, one for the police officer and one that either belonged to the X-ray screener or the passenger. The luggage actually opened up, and the gun fit inside. I put it through the X-ray machine, and it went through undetected. Perhaps this is where the toy came closest to reality.
The biggest departure from reality was that the passenger had a cheery smile on her face.
Cutler’s blog, written under the pseudonym Washingtonienne, was a daily diary of her sex life while working as a staffer for Sen. Mike DeWine (R-Ohio). It recounted, entertainingly and in considerable — sometimes embarrassing — detail, her ongoing relationships with six men, including [the] plaintiff. . . .
Although McClurg notes that the plaintiff “suffered a genuine wrong,” he also states that the law “appears to be against him” because he “does not allege that any of the statements about him are untrue.” McClurg notes that the plaintiff is suing under the public disclosure of private facts tort, which “provides a remedy when one publicizes private, embarrassing, non-newsworthy facts about a person in a manner that reasonable people would find highly offensive.” McClurg notes that “while Cutler’s actions may meet this standard, courts have long been hostile to such lawsuits because of a fear of inhibiting free speech.” McClurg continues:
In 1989 the court tossed out a lawsuit against a newspaper for publishing a rape victim’s name in violation of Florida law. While it stopped short of ruling that a state may never punish true speech, the test it adopted for when that can be done without violating the First Amendment is so stringent Justice Byron White lamented in dissent that the court had “obliterate[d]” the public disclosure tort.
Not so. Time after time the Supreme Court has explicitly carved out space for the public disclosure tort to exist. In the series of cases involving the First Amendment and privacy restrictions on true speech, the Court has always confined the First Amendment to speech about matters “of public significance.” The Court did this in Smith v. Daily Mail Pub. Co., 443 U.S. 97, 103 (1979) as well as its most recent case on the issue, Bartnicki v. Vopper, 532 U.S. 514 (2001), where the Court held that “privacy concerns give way when balanced against the interest in publishing matters of public importance.” Id. at 534.