TY  - GEN
N2  - This Note  argues  that  the  current  regulatory  scheme  for  privacy inadequately  protects  consumers  in  the  gig  economy.  While  privacy  is considered  a  fundamental  human  right  in  Europe, American  law  has neglected  the  right  to  privacy.  This  has  become  increasingly  important as  digitization  continues  into  the  sharing  economy  system.  This  Note proposes   that   the   federal   government,   through   the   Federal   Trade Commission  (“FTC”),  establish  a  regulatory  framework  that  borrows standards  from  the  Federal  Communications  Commission  (“FCC”)’s 2016  privacy  rulesfor  broadband  Internet  service providers  (“ISPs”), the   California   Online   Privacy   Protection   Act   (“CalOPPA”), and Regulation (EU) 2016/679. This would act as a model scheme for states to  implement  stronger  privacy  standards  for  companies.  For  example, states  could  require  warrants  for  governmental  access  to  data.  This would, in  turn, deter  gig  economy  platforms  from  intruding  upon consumer privacy and keeping data for any purpose except for essential business  use.  Specifically,  Part  I  of  this  Note  begins  by  outlining  the historical  background  of  privacy  law,  with  emphasis  on  technological influence  on  the  law.  Part  II  discusses  the  current  state  of  the  sharing economy’s  self-regulation  regarding  privacy.  Part  III  delves  into issues surrounding  governmental  access  to  data  and  its  circumvention  of Fourth  Amendment  protection,  and  Part  IV  suggests  that  the  United States federal government supplement the current system with a broad, regulatory  framework  akin  to  the  recently  repealed  FCC  privacy  rules. Lastly,  this  Note  in  Part  V  discusses  alternative  solutions,  including congressional and local regulation.
AB  - This Note  argues  that  the  current  regulatory  scheme  for  privacy inadequately  protects  consumers  in  the  gig  economy.  While  privacy  is considered  a  fundamental  human  right  in  Europe, American  law  has neglected  the  right  to  privacy.  This  has  become  increasingly  important as  digitization  continues  into  the  sharing  economy  system.  This  Note proposes   that   the   federal   government,   through   the   Federal   Trade Commission  (“FTC”),  establish  a  regulatory  framework  that  borrows standards  from  the  Federal  Communications  Commission  (“FCC”)’s 2016  privacy  rulesfor  broadband  Internet  service providers  (“ISPs”), the   California   Online   Privacy   Protection   Act   (“CalOPPA”), and Regulation (EU) 2016/679. This would act as a model scheme for states to  implement  stronger  privacy  standards  for  companies.  For  example, states  could  require  warrants  for  governmental  access  to  data.  This would, in  turn, deter  gig  economy  platforms  from  intruding  upon consumer privacy and keeping data for any purpose except for essential business  use.  Specifically,  Part  I  of  this  Note  begins  by  outlining  the historical  background  of  privacy  law,  with  emphasis  on  technological influence  on  the  law.  Part  II  discusses  the  current  state  of  the  sharing economy’s  self-regulation  regarding  privacy.  Part  III  delves  into issues surrounding  governmental  access  to  data  and  its  circumvention  of Fourth  Amendment  protection,  and  Part  IV  suggests  that  the  United States federal government supplement the current system with a broad, regulatory  framework  akin  to  the  recently  repealed  FCC  privacy  rules. Lastly,  this  Note  in  Part  V  discusses  alternative  solutions,  including congressional and local regulation.
T1  - Ride Oversharing :Privacy Regulation within the Gig Economy
AU  - Thomas, Casey
LA  - eng
ID  - 41991
KW  - Privacy
KW  - Uber
KW  - Fourth Amendment
SN  - 0736-7694
TI  - Ride Oversharing :Privacy Regulation within the Gig Economy
LK  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/THOMAS_NOTE.pdf
UR  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/THOMAS_NOTE.pdf
ER  -