For My Eyes Only: How to Protect Digital Diaries of Reproductive Data in a World Without Roe
Carolyn Zaccaro In 2022, the Supreme Court overturned Roe v. Wade with its decision in Dobbs v. Jackson Women’s Health Organization, leaving many individuals anxious about the future of their privacy rights. With millions of people using period-tracking apps, there is a massive amount of sensitive data at stake, including data that criminal prosecutors could use to criminalize people for seeking or having an abortion. Some people are better protected because of their home state’s data privacy legislation, but most Americans are left with no data privacy law protecting their sensitive data. In an era of sophisticated tracking technology, the absence of comprehensive...
The CCPA: A Bargain for Data Transparency
Sonia Brunstad The California Consumer Privacy Act (CCPA), amended by the California Privacy Rights Act (CPRA), aims to increase consumer transparency regarding businesses’ use of personal data. Within the bargained-for-exchange relationship between companies and consumers, consumers benefit from data-collecting platforms while unknowingly paying the “price” of sharing personal data. The CCPA assumes that equipping consumers with increased transparency regarding such data-for-service transactions will place consumers in a better bargaining position. In so doing, the CCPA adopts an individualist framework, providing consumers with primarily self-management mechanisms to protect personal data. This essay argues that legislation such as the CCPA may more...
Health-Tech Apps: Unclear Regulations and Their Effects on Progress
Emily Dieli The increased emphasis on creating a more streamlined healthcare system in the United States has led to a rise in digital health-tech apps and devices. To protect the privacy of personal health data on these technologies, policymakers have turned towards regulation. The Federal Trade Commission’s (FTC) recent statement on the Health Breach Notification (HBN) Rule has extended the scope of the 2009 regulation to include previously unregulated health-tech entities. Nevertheless, the statement is vague and will have a negative impact on health-tech innovation. Policymakers should consider the implications of their regulations on health-tech progress before making such hasty...
Through the Spying-Glass: Data Privacy Concerns Regarding Mobile Spyware Apps
Payton P. Reisinger Spyware app surveillance technologies are rising in popularity for both legitimate monitoring and also to illegally spy on unsuspecting victims. In 2021, the Federal Trade Commission (FTC) issued its first ban of a spyware app, SpyFone, due to deceptive and unfair trade practices and lack of data security provisions. Some call for specific legislation to curb the effects of growing spyware apps, but opponents of regulation claim that legislative efforts will be too restrictive on growing technological industries or the legitimate uses of spyware apps. This Essay agrees with the policy rationale for implementing spyware legislation and...
Mind over Data: A Case for Increased Privacy Protections in Mobile Mental Health Apps
Marian Lemont As mobile mental health apps gain popularity as an emotional support alternative, privacy concerns regarding how consumers’ sensitive health data is handled are at an all-time high. Current federal privacy provisions provide insufficient consumer protection and thus render consumers’ sensitive information vulnerable to unwanted third-party sharing practices. The recently passed California Privacy Rights Act of 2020 (CPRA) includes new provisions governing businesses’ handling and deletion of sensitive user data. This article discusses how these new CPRA provisions provide a helpful framework to begin addressing this regulatory gap and identifies ways future privacy legislation can continue to strengthen mobile...
Can the U.S. Government Sanction TikTok Like It Is Iran’s Nuclear Program?
Joe Swain This Essay addresses the legality of the Trump administration’s TikTok app store ban. The ban restricted individual or corporate transactions with TikTok in the United States, effectively banning its continued use in the country by restricting its access to revenue. This Essay analyzes the application of the International Emergency Economic Powers Act (IEEPA) to the Trump administration’s actions and explores the resulting case which was decided by the D.C. Circuit. Although the United States District Court for the District of Columbia ruled that the IEEPA is restricted from applying to the Chinese platform, it incorrectly interpreted the meaning...
Data Privacy Concerns Regarding COVID-19 Contact Tracing Apps and Implications for the Field of Cybersecurity
Elana Lerner Brockmann The COVID-19 public health emergency has led to the development of contact tracing apps that enable governments and public health officials to track outbreaks and take appropriate measures in response. Contact tracing apps also allow individuals to be notified of potential contacts with infected individuals, promoting self-quarantine and reducing further spread of the virus. Although contact tracing apps have the potential to slow and reduce the spread of COVID-19, they have also brought to light data privacy and security concerns, which pose challenges to their overall use and efficacy. Congress should enact legislation to protect consumer data...