Author(s): Deirdre K. Mulligan Year: 2008 Abstract: In the wake of the California energy crisis of 2000-2001, the California Energy Commission and California Public Utilities Commission are aggressively pursuing “demand response” energy programs aimed at reducing peak energy demand. Demand response systems convey information about market conditions through pricing or reliability signals to customers, who […]
Taking the ‘Long View’ on the Fourth Amendment: Stored Records and the Sanctity of the Home
Privacy and Democracy in Cyberspace
Author(s): Paul M. Schwartz Year: 2000 Abstract: In this Article, Professor Schwartz depicts the widespread, silent collection of personal information in cyberspace. At present, it is impossible to know the fate of the personal data that one generates online. Professor Schwartz argues that this state of affairs degrades the health of a deliberative democracy; it […]
Beyond Lessig’s Code for Internet Privacy: Cyberspace Filters, Privacy Control and Fair Information Practices
Author(s): Paul M. Schwartz Year: 2001 Abstract: In Code, the most influential book yet written about law and cyberspace, Lawrence Lessig makes an intriguing proposal for shaping privacy on the Internet: (1) the legal assignment to every individual of a property interest in her own personal information, and (2) the employment of software transmission protocols, […]
Notification of Data Security Breaches
Author(s): Paul M. Schwartz Year: 2006 Abstract: The law increasingly mandates that private companies disclose information for the benefit of consumers. The latest example of such regulation through disclosure is a requirement that companies notify individuals of data security incidents involving their personal information. In the wake of highly publicized data spills, numerous states have […]
Property, Privacy, and Personal Data
Author(s): Paul M. Schwartz Year: 2005 Abstract: Modern computing technologies and the Internet have generated the capacity to gather, manipulate, and share massive quantities of data; this capacity, in turn, has spawned a booming trade in personal information. Even as it promises new avenues for the creation of wealth, this controversial new market also raises […]
German and U.S. Telecommunications Privacy Law: Legal Regulation of Domestic Law Enforcement Surveillance
Author(s): Paul M. Schwartz Year: 2003 Abstract: The legal systems of Germany and the United States contain detailed rules that regulate the surveillance of telecommunications by domestic law enforcement agencies. An initial question about this surveillance concerns the relative levels of such activity in Germany and the United States. This Article demonstrates, however, that the […]
Data Mining and Internet Profiling: Emerging Regulatory and Technological Approaches
Author(s): Paul M. Schwartz Year: 2008 Abstract: The 9/11 terrorists, before their deadly attacks, sought invisibility through integration into the society they hoped to destroy. In a similar fashion, the terrorists who carried out subsequent attacks in Madrid and London attempted to blend into their host lands. This strategy has forced governments, including the United […]
Vote.com and Internet Politics: A Comment on Dick Morris’ Vision of Internet Democracy
Author(s): Paul M. Schwartz Year: 2001 Abstract: A much sought-after political advisor, Dick Morris is also a successful Internet entrepreneur. His popular Web site “vote.com” sponsors informal polls on political issues and hosts discussion of nonpolitical topics such as travel, technology, business, and sports. In Direct Democracy and the Internet, Dick Morris assumes yet another […]
The Future of Tax Privacy
Author(s): Paul M. Schwartz Year: 2009 Abstract: The history of the tax privacy contains a number of surprises. First, the concept of tax privacy has been contested throughout much of the 19th and 20th Century. For a long period, tax returns were considered to be public documents. At times, they were even posted on court […]
Evaluating Telecommunications Surveillance in Germany: The Lessons of the Max Planck Institute’s Study
Author(s): Paul M. Schwartz Year: 2005 Abstract: The publication in 2003 of a long-awaited empirical study of telecommunications surveillance in Germany has opened a window into existing law and practices in that country. Under the sponsorship of the Federal Department of Justice, three researchers at the Max Planck Institute for Foreign and International Criminal Law […]