Computers, Privacy & the Constitution

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RebeccaBonnevieFirstPaper 3 - 25 Apr 2018 - Main.RebeccaBonnevie
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 In Google Spain v. Costeja the European Court of Justice upheld a person’s “right to be forgotten”. This is actually limited in application as it removes the data from being revealed in a Google search rather than deleting it.

In the US the right to be forgotten comes into conflict with the First Amendment – the right to be forgotten is seen as a form of censorship. An exception to this is California’s “online eraser” statute enacted in 2015. Minors can request their posts be deleted but this has some major limitations – the information might be hidden from the public but remain on a server, and the platform is not required to remove something posted by a third party about the minor including where a third party reposted the minor’s post.

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The most effective way to remove information from the internet is actually to copyright it and request it to be taken down. Recently a [[http://www.bbc.com/news/technology-43581619 ][woman was forced to copyright her naked body] to obtain control of an explicit video in a revenge porn case.
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The most effective way to remove information from the internet is actually to copyright it and request it to be taken down. Recently a woman was forced to copyright her naked body to obtain control of an explicit video in a revenge porn case.
 

Will the third party doctrine change?

The Supreme Court is currently considering Carpenter v. US which concerns a warrantless search of cellphone location data justified in part by the third party doctrine. This case and the recent Cambridge Analytica saga have highlighted for the public how much data they give to third parties – voluntarily or involuntarily.

Revision 3r3 - 25 Apr 2018 - 02:39:26 - RebeccaBonnevie
Revision 2r2 - 16 Apr 2018 - 19:47:45 - RebeccaBonnevie
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