Internet of Things, Wearable Devices and Blockchain Agreements
By MAVOURNEEN BALLARD
The term “Internet of Things” (IoT) refers to the ever-growing inventory of devices all over the world, connected by technology sharing and collecting data. This paper explores the world of the Internet of Things, particularly wearable devices, also known as wearables. Use cases for wearable devices and blockchain separately and combined are overviewed. As data is collected, transmitted, and stored, it becomes vulnerable to compromise, or rather, detrimental use for which the data was not intended. This paper initially explores the vulnerability of the data from wearable device data from a security perspective as well as a data privacy perspective. It further explores the regulatory landscape both from a global, federal, local, and sectoral perspective as well as a sectoral perspective which attempts to protect these devices and ensure the safety of the data. From there we consider how we might protect this vast amount of data and mitigate the vast collections of associated risk.
* * * * * * *
The Mouse that Roared: The Life and Legal Times of Mickey Mouse
By JOHN E. HATHORN JR. & WALTER T. CHAMPION JR.
Powerful is perhaps not the first adjective that comes to mind when describing Mickey Mouse, but he is indeed a formidable figure. This mouse strong-armed Congress to amend laws in his favor. That’s right, Mickey is so much of an American icon and legend that past lawmakers have bent the knee to please the black-and-white mouse. Why would they do such a thing? You still don’t get it, do you? This is the Mickey Mouse we’re talking about here. Now let’s not get it twisted. We’re not talking about the newest rendition of Mickey with the red pants, yellow buttons, and gloves. We’re talking about the black-and-white mouse that first appeared in “Steamboat Willie” and gave rise to the titan we know today by the name of Disney. Make sense now? Mickey Mouse is power.
Disney is notorious for being fierce in protecting their intellectual property. Disney has shown a strong willingness in the past to protect their intellectual property by using the legal system. In 2020, a Disney affiliate made an elementary school pay $250 because it showed “The Lion King” at one of their fundraisers without permission. 1
* * * * * * *
Neurorights. The World’s First Court Case
By CARLOS AMUNÁTEGUI PERELLÓ
The recent judgment of the Chilean Supreme Court on mental privacy is the very first case on neurorights ever to be decided. This article aims to explain the problem, covering the development of neurotechnologies, the emergence of neurorights, and the context of the Chilean judgment.
Neurorights are a subject for the future. Nevertheless, just a few days ago, on August 9, 2023, Chile’s Supreme Court made the first judgment on the matter in a case that just might set the tone for the matter. Recently, in 2021, Chile reformed its Constitution to include neurorights in its text, giving specific protection to the neural activity that supports the emergence of consciousness 1 Just as artificial intelligence is a profoundly disruptive technology of the present that is subverting the way our society is articulated, neurotechnologies seem to be a revolution in the coming, destined to reconfigure our social relations in the next ten to twenty years. Neurorights are a legal response to the technological challenges that brain-computer interface (BCI) devices pose for individuals’ mental privacy and cognitive independence. These interfaces aim to interpret the set of electrical signals 2 generated in our central nervous system by computer devices, understand them, and even intervene in them.
* * * * * * *
The Transparency Paradox: How Mandated Disclosures Fail to Protect Privacy
By LISA GLOVER-GARDIN
The COVID-19 pandemic has catapulted the digital economy into unprecedented growth, with online commerce at the forefront. This rapid expansion has given rise to crucial concerns about safeguarding personal data privacy. In this era of data abundance, users entrust companies with their information, necessitating accurate disclosure of data practices for an equitable online environment. This article delves into the evolving relevance of the “notice and choice” framework, a traditional tool for ensuring transparency. Subsequently, this article explores innovative models for transparency that could establish a more equitable dynamic between data controllers and users.
The principal argument centers on the shortcomings of the procedural approach to transparency, which has, in many cases, failed to empower individuals in their quest to control their personal information. Complex and lengthy disclosures, often presented as “take it or leave it” propositions, effectively deny users any meaningful choice. This lack of control can result in intangible harm to individuals, leaving them without access to necessary legal remedies.
The article further investigates alternative transparency approaches, such as standardized and visual language, legislated use restrictions, and privacy enhancing technology, concluding that by shifting transparency from a user centric model to business; these approaches hold the potential to enhance data fairness and transform the landscape of online privacy.
* * * * * * *
