Dark Patterns: We May or May Not Realize We’re Being Tricked

Have you ever received a bunch of annoying promotional e-mails and let them stuck in your inbox because you hardly find the “unsubscribe” button in the e-mail? Or have you ever made a hasty choice because your heart is trembling fast when an “Only 1 room left!” notification appears in a travel website? If that were the case, then most likely you are exposed to – or tricked by – the Dark Patterns… Read More

The Impact of the GDPR

After four years of preparation and debate the EU’s General Data Protection Regulation (“GDPR”) was finally approved by the EU Parliament on April 14, 2016, coming in to effect on May 25, 2018. Nine months after its enforcement, this article seeks to examine its impacts on individuals as well as businesses. Overview The aim of the GDPR is to protect all EU citizens from privacy and data breaches. To be protected under the.. Read More

Biometric Facial Recognition for Unlocking iPhone – Does it Violate the Fifth Amendment?

With the overwhelming numbers of criminal mischief, the government seems to seek resourceful leeway that may lead to the findings of valuable evidence in an investigation. Among all feasible scenarios,  there is a possibility for the law enforcer to request access to the criminal offender’s cell phone locked with latest facial biometrics technology, including the technology of Face ID introduced by Apple. Apple’s explains that Face ID revolutionizes authentication by utilizing the advanced.. Read More

The Future of Biometric Data Privacy Law and BIPA

Biometric Technology Industry Biometrics encompasses a wide variety of technologies, which aim to identify a person’s identity based on unique, unchanging physical or behavioral characteristics. Biometric technologies include fingerprint recognition, voice identification, facial recognition, DNA matching, and signature recognition. Though biometric technology has been utilized for hundreds of years, there has been rapid technological innovation in the biometric field in recent years. Biometric technologies have become more mainstream in our modern society being.. Read More

Pokémon Go’s Virtual Trespass Suit Reaches Settlement Agreement

Can a video game company be held liable for placing virtual items on private property? The answer is – maybe. On February 14, 2019, the developer of the mobile game Pokémon Go, Niantic, reached a settlement agreement with class action plaintiffs who alleged that the game caused players to trespass and create nuisance on private properties. For those unfamiliar with the game, Pokémon Go is an “augmented reality” game where the fictional game.. Read More

Copyright Strikes as a Tool for Censorship, Bullying, Extortion

With the advent and then explosion of consumer internet access in the 1990s, a concomitant threat of massive, anonymous, and difficult-to-trace copyright infringement also arose. Congress faced significant pressure from two major industries: traditional media producers and internet service providers. Traditional media producers feared the practical death of their intellectual property through unstoppable and untraceable internet file-sharing, while internet service providers feared endless lawsuits for the infringing activities of their users. Congress responded.. Read More

Davis v. Electronic Arts, Inc.

On August 17, 2018, the United States District Court for the Northern District of California denied class action certification for the retired National Football League (NFL) players suing Electronic Arts for using their likelihood in their Madden NFL series videogames, and dismissed Electronic Arts’ summary judgement motion in the case Davis v. Electronic Arts, Inc. This decision follows a Ninth Circuit Court of Appeals judgment from 2015 affirming the district court judgment protecting.. Read More

Redefining Privacy Invasion to Involve a Human Element on Both Ends

On October 24th, Yafit Lev-Aretz presented on “Privacy & The Human Element” in the weekly Privacy Research Group (PRG) meeting. There is no doubt that interest in privacy violations has skyrocketed ever since the Cambridge Analytica scandal, which caused a huge uproar regarding Facebook’s privacy measures. However, despite this incident, most people continue to use Facebook without paying much heed to their privacy. Lev-Aretz explained this phenomena as the “privacy paradox.” The paradox.. Read More

Data Privacy and Children

The topic of data privacy and information security is continually highlighted as one of the preeminent challenges of a rapidly advancing society. Issues of privacy and security are often seen challenging our current legal and technical capacity to control them, raising questions of risk, responsibility, and governance. This post discusses the challenge of data privacy from the oft forgotten lens of children as they increasingly participate in a data driven society at younger.. Read More

Post-GDPR: Will the U.S. Implement a Comprehensive Data Privacy Law?

On May 25, 2018, the European Union began to enforce its General Data Protection Regulation (GDPR), which aims to comprehensively protect data privacy by addressing how companies collect, store, and process personal data. The GDPR was adopted by the European Parliament and European Council in April 2016, following over four years of discussions regarding how to structure the complex law. The two-year delay in enforcement was primarily to allow businesses time to comply.. Read More