The Information Society Project (ISP) at Yale Law School is an intellectual center that explores the implications of the Internet and new information technologies for law and society. The ISP is guided by the values of democracy, development, and civil liberties. Our work includes copyright, media law and policy, transparency, and privacy.
Transatlantic Perspectives of Privacy and Cybersecurity: a Proposal
The idea that the US and EU have different perceptions about privacy values is widespread. When describing the U.S. view, much scholarship starts from Warren and Brandeis’ Article “The Right to Privacy” which presents a general and undefined "right to be let alone" connected to a principle of excluding private spheres from public view. This view is very different from common European perceptions of privacy, which are based on concepts of generally applicable fundamental rights.
Against a Trade Secrets Privilege in Criminal Cases
From probabilistic DNA analysis software to predictive policing and risk assessment algorithms, automated data-driven technologies play an increasing role in the criminal justice system. As a number of scholars have pointed out, secret “black box” methods in these technologies can clash with core values of transparency, accountability, and due process. This talk examines iterations of these tensions in Evidence Law.