Tag Archive | Law

Senate Holds Hearing on Drones

WASHINGTON, D.C.— The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing on Wednesday, January 15, 2014, at 2:30 p.m. to examine the growth of unmanned aerial systems (UAS), commonly referred to as “drones”, in the United States, including the potential economic benefits of drone operations, and the progress of steps taken to facilitate the development of the industry through the FAA Modernization and Reform Act of 2012 (P.L. 112-95). The hearing included consideration of safety and privacy issues surrounding the operation of drones in the United States.

Watch the video of the hearing here.

Majority Statement

Senator John D. (Jay) Rockefeller IV
Chairman
U.S. Senate Committee on Commerce, Science, and Transportation

Panel Testimony

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New Report on Privacy and Crowdsourced Missing Persons Registries

From:              Fordham Law School and the Woodrow Wilson International Center for Scholars

Contact:         Peter Pochna, Rubenstein Associates, 212-843-8007, ppochna@rubenstein.com

FORDHAM LAW AND THE WOODROW WILSON CENTER RELEASE REPORT ON PRIVACY ISSUES RAISED BY MISSING PERSONS DATABASES

NEW YORK, NY AND WASHINGTON, DC (April XX, 2013) – The Fordham Center on Law and Information Policy (CLIP) at Fordham Law School and the Commons Lab of the Woodrow Wilson International Center for Scholars today issued a report titled “Privacy and Missing Persons after Natural Disasters,” prepared as part of a joint project. The report is available for free download at:

http://www.scribd.com/collections/3840667/Commons-Lab-Science-and-Technology-Innovation-Program-STIP and http://ssrn.com/abstract=2229610

The report offers a roadmap to the legal and policy issues surrounding privacy and missing persons following natural disasters. It provides strategies that humanitarian organizations, private sector organizations, volunteers and policy makers can pursue to help those affected by major natural disasters. For example, the report recommends that the United States government exercise existing legal authority to support appropriate sharing of personal information about missing persons following natural disasters. More broadly, the report recommends that those developing technologies to share information about missing persons implement design principles that carefully balance privacy consistent with existing legal obligations. The report also calls on privacy policy makers, legislators, and regulators to take steps to clarify how privacy rules apply to missing persons activities in identified key areas so that missing persons activities can proceed without the threat of legal liability.

“With this project, Fordham CLIP is trying to help the people and organizations assisting in the location of missing persons recognize and deal with critical privacy issues by providing a range of options to address the legal and policy concerns,” said Joel R. Reidenberg, the academic director of Fordham CLIP and a co-author of the report.  Robert Gellman, a privacy expert and co-author of the report, added, “Missing persons services are essential following natural disasters, but they can raise questions about how privacy laws apply to emergency humanitarian responses. The report suggests ways to resolve those questions.”

The project is part of an international effort led by the Missing Persons Community of Interest (MPCI) that is seeking to harmonize a wide array of databases and technologies to enhance searches for missing persons following natural disasters. MPCI, which emerged in response to the 2010 Haitian earthquake, includes participants from local disaster management, international humanitarian relief organizations, private sector technology companies, non-profits, and digital volunteer communities.

Tim Schwartz, the chair of MPCI, said the report “gives us for the first time a thorough analysis of how missing persons technologies impact individual privacy and provides us with a valuable framework that will help us refine these critical and complex systems.” Lea Shanley, director of the Commons Lab at the Wilson Center, added, “Response organizations and volunteer groups must work to find an appropriate balance between protecting privacy and safety, and facilitating critical information sharing about affected populations and missing persons during and after disasters. This research will inform the development of privacy guidelines and best practices.”

The report examined privacy issues created by missing persons activities following several recent natural disasters, such as the earthquake in Christchurch, New Zealand in February 2011 and Hurricane Katrina in New Orleans in August 2005.  The report identified New Zealand as a leader in addressing the privacy issues that follow natural disasters and in prompting the world’s data protection authorities to pay more attention to those issues. The report discusses the New Zealand response and shows what other data protection authorities can do to provide clarity in applying privacy rules to missing persons activities.

Joining Reidenberg on the team that created the report are Gellman, a privacy and information policy consultant who previously served as chief counsel to the U.S. House of Representative Government Operations Committee and served as a member of the National Committee on Vital and Health Statistics at the U.S. Health and Human Services Department, Jamela Debelak, CLIP’s executive director, and CLIP student researchers Adam Elewa and Nancy Liu.

The project was supported by the Wilson Center and a gift made by Fordham University alumnus and trustee Ed Stroz and his digital risk management company, Stroz Friedberg.

The Commons Lab of the Wilson Center’s Science and Technology Innovation Program seeks to advance research and independent policy analysis on emerging technologies that facilitate collaborative, science-based and citizen-driven decision-making, with an emphasis on their social, legal, and ethical implications. The initiative does not advocate for or against specific technological platforms, rather works to ensure that these technologies are developed and used in a way that maximizes benefits while reducing risks and unintended consequences. Our work often focuses on novel governance options at the “edges” where the crowd and social media operate—between formal organizations and emergent networks, and between proprietary and open models of data ownership and access.

The Fordham Center on Law and Information Policy (CLIP) was founded to make significant contributions to the development of law and policy for the information economy and to teach the next generation of leaders. CLIP brings together scholars, the bar, the business community, technology experts, the policy community, students, and the public to address and assess policies and solutions for cutting-edge issues that affect the evolution of the information economy.

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

by Erin Aures, Privacy Law Blog, April 1, 2013

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information” under Mass. Gen. Laws, ch. 93, § 105a Section 105a to include a consumer’s ZIP code and determined that collecting such personal information is a violation of state privacy law for which the consumer can sue see slip opinion. By way of background, the plaintiff, Tyler, alleged she was making a credit card purchase at Michaels an arts and crafts retailer when a cashier asked her for her ZIP code. Tyler provided her ZIP code. Tyler alleged her ZIP code was later used by Michaels to find Tyler’s mailing address and telephone numbers and send her unwanted and unsolicited marketing materials. …

For full text of the analysis, visit Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information” | Privacy Law Blog.

 

Drone Programs Sparks Budgetary and Privacy Concerns

By Steve Aftergood, Secrecy News, January 31, 2013

The development of unmanned aerial systems (or drones) for military and civilian applications appears to be accelerating faster than the normal policy process can adapt to it.  Aside from festering doubts about the legality, propriety and wisdom of their routine use in targeted killing operations, drone programs are beset by budgetary confusion, and a host of privacy and other legal problems are poised to emerge with the expanded use of drones in domestic airspace. … Meanwhile, “Perhaps the most contentious issue concerning the introduction of drones into U.S. airspace is the threat that this technology will be used to spy on American citizens,” said a new report from the Congressional Research Service.

For full text of the article visit Secrecy News here.

A copy of the CRS report was obtained by Secrecy News.  See Integration of Drones into Domestic Airspace: Selected Legal Issues, January 30, 2013.

See also Unmanned Aircraft Systems (UAS): Manufacturing Trends, January 30, 2013.

Additional resources on drone policy issues are available from the Electronic Privacy Information Center here.

Responding to Liability: Evaluating and Reducing Tort Liability for Digital Volunteers

Responding to Liability: Evaluating and Reducing Tort Liability for Digital Volunteers

By Edward Robson, Esq.

Major emergencies and crises can overwhelm local resources. In the last several years, self-organized digital volunteers have begun leveraging the power of social media and “crowd-mapping” for collaborative crisis response. Rather than mobilizing a physical response, these digital volunteer groups have responded virtually by creating software applications, monitoring social networks, aggregating data, and creating “crowdsourced” maps to assist both survivors and the formal response community. These virtual responses can subject digital volunteers to tort liability. This report evaluates the precise contours of potential liability for digital volunteers. Published by the Commons Lab of the Science and Technology Innovation Program of the Woodrow Wilson International Center for Scholars, September 2012.

To download a PDF of the free report, visit the Commons Lab Scribd webpage here.

To read a follow up blog post by the author, visit the Commons Lab Blog “Calling for Backup – Indemnification for Digital Volunteers (November 7, 2012)”

To watch a video of the author discussing liability for digital volunteers, visit the Commons Lab YouTube webpage here.

Big Data in Law: Cloud Challenge, Analytics Opportunity

by Dave Einstein, NetApp, Forbes.com, October 31, 2012

The legal profession may have begun on Mount Sinai, where Moses delivered The Ten Commandments. But today, it’s heading into the cloud, where the privacy and security of big data are dramatically changing the legal landscape—especially internationally.

For full text of the article, please visit Big Data in Law: Cloud Challenge, Analytics Opportunity – Forbes.

 

Is Social Media Subject to Same Rules as Paper Discovery?

by Jay Yurkiw, Technology Law Source, October 23, 2012

In a recent decision, a court in the Southern District of Ohio denied a motion to compel the plaintiff in an employment discrimination action to give the defendants her user names and passwords for each of the social media sites she uses. In Howell v. The Buckeye Ranch, Case No. 2:11-cv-1014 (S. D. Ohio Oct. 1, 2012), the court said “[t]he fact that the information defendants seek is an electronic file as opposed to a file cabinet does not give them the right to rummage through the entire file. The same rules that govern the discovery of information in hard copy documents apply to electronic files.” Applying this reasoning, the court held that the defendants’ discovery request was overbroad because turning over the plaintiff’s user names and passwords would give them access to “all the information in the private sections of her social media accounts—relevant and irrelevant alike.” Although the court denied the motion to compel, it did find that relevant information in the private section of a social media account is discoverable, and that this information is not privileged or protected from discovery by a common law right of privacy.

For the full discussion and citations to other related cases, visit the Technology Law Source at Discovery of Social Media Information is Subject to Same Rules as Paper Discovery : Technology Law Source.

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