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Daily Archives: March 26, 2017

Paper – Cybersecurity, Identify Theft, and Standing Law

Chou, James C., Cybersecurity, Identify Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a Post-Clapper World (December 15, 2016). National Security Law Brief, Vol. 7, No. 1, 2016. Available at SSRN:
“Since Clapper v. Amnesty International USA, many courts have shut the door on victims alleging a heightened risk of injury, particularly when the injury is identity theft, because Clapper does not permit standing based on a heightened risk of injury alone. But recently, the Seventh Circuit disagreed with that view when deciding Remijas v. Neiman Marcus Group, a case involving a breach of Neiman Marcus’ systems, holding that Clapper neither altered standing law nor did it foreclose all heightened risk injuries. This Article agrees and argues that Clapper did not alter the Article III standing requirements; it merely reemphasized the Court’s demand for a heightened scrutiny for constitutional challenges to government activity. Consequently, the Seventh Circuit correctly applied standing law in Remijas under a “substantial” risk theory. Part I will discuss large scale data breaches and its relationship with identity theft, Clapper, and Article III standing on imminent injuries. Part II argues that the minimum constitutional threshold should allow standing under a heightened-risk-of-identity-theft (HRIT) using a “substantial” or “reasonable” risk threshold. Part III applies Part II to data-breach cases, specifically, and suggests several factors the courts could consider when determining whether a victim faces a sufficiently imminent injury for Article III standing. Part III also demonstrates that the Seventh Circuit used similar factors in Remijas. I then conclude.”

AP style change: Singular they is acceptable ‘in limited cases’

Poynter: “For the first time, The Associated Press now permits journalists to use “they” as a singular pronoun. The AP announced the style change Friday at the American Copy Editors Society conference in St. Petersburg, Florida. The change follows years of questions among copy editors, reporters and editors about the use of language specifically about… Continue Reading

Congress Moves to Strike Internet Privacy Rules From Obama Era

The New York Times – “Landmark internet privacy protections for consumers in the first decisive strike against telecommunications and technology regulations created during the Obama administration, and a harbinger of further deregulation. The measure [S.J.Res.34 sponsored by Senator Flake] passed in a 50-to-48 vote largely along party lines. The House is expected to mirror the… Continue Reading

SCOTUS hears arguments on patent rights and refilling printer cartridges

Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral… Continue Reading

Study – How cooperative behavior serves migratory birds

Survival of the Friendliest It’s time to give the violent metaphors of evolution a break – By studying the phylogenetic history of related species, we can begin to correlate the interplay of behaviors with evolutionary dynamics in the real world. This year scientists from Lund University, in Sweden, analyzed the breeding strategies of 4,000 bird… Continue Reading

PLOS medical special issue research on dementia

Dementia: Across the Lifespan & Around the Globe – “Alzheimer’s Disease International (ADI) estimates there will be over 131.5 million people living with dementia by 2050, as well as a shift in burden from the richest to poorest countries. These trends emphasize the need for a greater understanding of dementia from a global perspective. This… Continue Reading