Creating a More Permissive Patentability Standard under Language From the TPP

Creating a More Permissive Patentability Standard under Language From the TPP

Journal article

31 pages

0736-7694

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United States federal government supplement the current system with a broad, regulatory framework akin to the recently repealed FCC privacy rules.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.

Published in : Cardozo Arts & Entertainment Law, vol. 36, no. 1 (2018)

[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2018.

eng