A Cognitive Theory Of The Third Party Doctrine And Digital Papers
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A Cognitive Theory Of The Third Party Doctrine And Digital Papers
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Author : H. Brian Holland
language : en
Publisher:
Release Date : 2018
A Cognitive Theory Of The Third Party Doctrine And Digital Papers written by H. Brian Holland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
For nearly 200 years, an individual's personal papers enjoyed near-absolute protection from government search and seizure. That is no longer the case. With the widespread adoption of cloud-based information processing and storage services, the third-party doctrine operates to effectively strip our digital papers of meaningful Fourth Amendment protections.This Article presents a new approach to reconciling current third-party doctrine with the technological realities of modern personal information processing. Our most sensitive data is now processed and stored on cloud computing systems owned and operated by third parties. Although we may consider these services to be private and generally secure, the law does not currently require the government to obtain a warrant to access our information. The third-party doctrine creates a sweeping exception to the warrant requirement for any information exposed to a third party--even where that third party is an automated computing system rather than a human. As a result, our personal papers now receive no more protection than any other piece of potential evidence. In practical terms, they receive less. This ahistorical approach undermines the essential balance between an individual's interest in privacy and the public's interest in law enforcement. Many have identified and tried to rectify the privacy problems created by this shift, but it has proven difficult to articulate a limitation to the third-party doctrine that is both consistent with existing principles and feasible in practice.The Article begins with the intimate connection among freedom of thought, privacy of thought, and the longstanding enumeration of “papers” as a distinct object of Fourth Amendment protection. This historical understanding, which prior generations recognized intuitively, now finds strong support in contemporary cognitive science. Modern models of human cognition reveal how papers serve as cognitive artifacts performing cognitive tasks. These models furnish a set of proxy characteristics for reliably singling out those personal papers whose protection would most likely serve constitutional values. The result is a coherent and workable method for bringing needed discipline to the third-party doctrine and restoring equilibrium to information privacy.
The Digital Person
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Author : Daniel J Solove
language : en
Publisher: NYU Press
Release Date : 2004
The Digital Person written by Daniel J Solove and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Computers categories.
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Intellectual Privacy
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Author : Neil Richards
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Intellectual Privacy written by Neil Richards and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
How should we think about the problems of privacy and free speech? Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict.
Exploding Data
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Author : Michael Chertoff
language : en
Publisher: Atlantic Books
Release Date : 2018-08-02
Exploding Data written by Michael Chertoff and has been published by Atlantic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-02 with Political Science categories.
A powerful argument for new laws and policies regarding cyber-security, from the former US Secretary of Homeland Security. The most dangerous threat we-individually and as a society-face today is no longer military, but rather the increasingly pervasive exposure of our personal information; nothing undermines our freedom more than losing control of information about ourselves. And yet, as daily events underscore, we are ever more vulnerable to cyber-attack. In this bracing book, Michael Chertoff makes clear that our laws and policies surrounding the protection of personal information, written for an earlier time, need to be completely overhauled in the Internet era. On the one hand, the collection of data-more widespread by business than by government, and impossible to stop-should be facilitated as an ultimate protection for society. On the other, standards under which information can be inspected, analysed or used must be significantly tightened. In offering his compelling call for action, Chertoff argues that what is at stake is not only the simple loss of privacy, which is almost impossible to protect, but also that of individual autonomy-the ability to make personal choices free of manipulation or coercion. Offering colourful stories over many decades that illuminate the three periods of data gathering we have experienced, Chertoff explains the complex legalities surrounding issues of data collection and dissemination today and charts a forceful new strategy that balances the needs of government, business and individuals alike.
The Antitrust Paradox
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Author : Robert Bork
language : en
Publisher:
Release Date : 2021-02-22
The Antitrust Paradox written by Robert Bork and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with categories.
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Handbook Of Private Practice
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Author : Steven Walfish
language : en
Publisher: Oxford University Press
Release Date : 2017
Handbook Of Private Practice written by Steven Walfish and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Medical categories.
Handbook of Private Practice is the premier resource for mental health clinicians, covering all aspects of developing and maintaining a successful private practice. Written for graduate students considering the career path of private practice, professionals wanting to transition into private practice, and current private practitioners who want to improve their practice, this book combines the overarching concepts needed to take a mental health practice (whether solo or in a group) from inception, through its lifespan. From envisioning your practice, to accounting and bookkeeping, hiring staff, managing the practice, and running the business of the practice, a diverse group of expert authors describe the practical considerations and steps to take to enhance your success. Chapters cover marketing, dealing with insurance and managed care, and how to choose your advisors. Ethics and risk management are integrated throughout the text with a special section also devoted to these issues and strategies. The last section features 26 niche practices in which expert practitioners describe their special area of practice and discuss important issues and aspects of their specialty practice. These areas include assessment and evaluation, specialized psychotherapy services, working with unique populations of clients, and more. Whether read cover-to-cover or used as a reference to repeatedly come back to when a question or challenge arises, this book is full of practical guidance directly geared to psychologists, counselors, social workers, and marriage and family therapists in independent practice.
Pagans In The Promised Land
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Author : Steven T. Newcomb
language : en
Publisher: Fulcrum Publishing
Release Date : 2008
Pagans In The Promised Land written by Steven T. Newcomb and has been published by Fulcrum Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
"An analysis of how religious bias shaped U.S. federal Indian law."--
Phenomenology
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Author : Stephan Käufer
language : en
Publisher: John Wiley & Sons
Release Date : 2015-07-15
Phenomenology written by Stephan Käufer and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-15 with Philosophy categories.
This comprehensive new book introduces the core history of phenomenology and assesses its relevance to contemporary psychology, philosophy of mind, and cognitive science. From critiques of artificial intelligence research programs to ongoing work on embodiment and enactivism, the authors trace how phenomenology has produced a valuable framework for analyzing cognition and perception, whose impact on contemporary psychological and scientific research, and philosophical debates continues to grow. The first part of An Introduction to Phenomenology is an extended overview of the history and development of phenomenology, looking at its key thinkers, focusing particularly on Husserl, Heidegger and Merleau-Ponty, as well as its cultural and intellectual precursors. In the second half Chemero and Käufer turn their attention to the contemporary interpretations and uses of phenomenology in cognitive science, showing that phenomenology is a living source of inspiration in contemporary interdisciplinary studies of the mind. Käufer and Chemero have written a clear, jargon-free account of phenomenology, providing abundant examples and anecdotes to illustrate and to entertain. This book is an ideal introduction to phenomenology and cognitive science for the uninitiated, as well as for philosophy and psychology students keen to deepen their knowledge.
Platforms And Cultural Production
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Author : Thomas Poell
language : en
Publisher: John Wiley & Sons
Release Date : 2021-10-14
Platforms And Cultural Production written by Thomas Poell and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-14 with Social Science categories.
The widespread uptake of digital platforms – from YouTube and Instagram to Twitch and TikTok – is reconfiguring cultural production in profound, complex, and highly uneven ways. Longstanding media industries are experiencing tremendous upheaval, while new industrial formations – live-streaming, social media influencing, and podcasting, among others – are evolving at breakneck speed. Poell, Nieborg, and Duffy explore both the processes and the implications of platformization across the cultural industries, identifying key changes in markets, infrastructures, and governance at play in this ongoing transformation, as well as pivotal shifts in the practices of labor, creativity, and democracy. The authors foreground three particular industries – news, gaming, and social media creation – and also draw upon examples from music, advertising, and more. Diverse in its geographic scope, Platforms and Cultural Production builds on the latest research and accounts from across North America, Western Europe, Southeast Asia, and China to reveal crucial differences and surprising parallels in the trajectories of platformization across the globe. Offering a novel conceptual framework grounded in illuminating case studies, this book is essential for students, scholars, policymakers, and practitioners seeking to understand how the institutions and practices of cultural production are transforming – and what the stakes are for understanding platform power.
Responsibility And Psychopathy
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Author : Luca Malatesti
language : en
Publisher: Oxford University Press
Release Date : 2010-08-19
Responsibility And Psychopathy written by Luca Malatesti and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-19 with Law categories.
The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.