Yale Journal of Law & Technology
Volume 5, 2002-2003
"Mine Your Own Business!": Making the Case for the Implications of the Data Mining of Personal Information in the Forum of Public Opinion
By Tal Z. Zarsky
5 Yale J.L. & Tech. 1
Today's world of constant surveillance and data collection allows for the gathering of vast amounts of personal information. In this reality, sophistication in the analysis of information is key. Data mining is probably the information collectors' only hope to close the sophistication gap, yet the use of advanced means of analysis is certain to impact individuals and society in various ways. This Article addresses the use of data mining applications in analyzing personal information and its impact upon society. It begins with a description of current data mining practices from a technical point of view, a perspective often overlooked in legal scholarship. The Article next describes the current privacy debate, highlighting the issues most relevant to the new reality data mining creates. Among others, it addresses issues such as discrimination, threats to autonomy, misuse of data and the consequences of erroneous information. The analysis is facilitated by several concrete "hypotheticals" that address some of the otherwise abstract concepts this debate presents in simple terms. The author asserts that in view of data mining tools, some traditional claims of privacy are rendered trivial or obsolete, while others are of particular importance. After focusing on the role of public opinion, the Article concludes by outlining a public opinion campaign which may prove useful in finding solutions to the legal problems data mining tools create.
Lessons from the United States Trade Policies to Convert a "Pirate": The Case of Pharmaceutical Patents in Argentina
By Hernan L. Bentolila
5 Yale J.L. & Tech. 57
This analysis describes the radical transformations in pharmaceutical intellectual property protection in Argentina during the 1990s. Most importantly, it highlights the consequences of the use by the United States of unilateral trade weapons to pressure Argentina to adopt certain standards in this field. The enforcement or threatened enforcement of Section 301 of the US Trade Act, along with GSP restrictions, have proven to be controversial tools in protecting US interests abroad, as is demonstrated by the Argentine case. Some positive results were achieved for United States' interests but the United States created at the same time negative implications by pressuring for more protection in a shorter time than is mandated under TRIPs: in other words, requiring "TRIPs-Plus" standards. The conclusions of this paper could prove useful when analyzing similar cases over remaining TRIPs "transitional period" years in developing and least developed countries regarding the protection of pharmaceutical intellectual property rights.
Message Deleted? Resolving Physician-Patient E-mail through Contract Law
By Michael A. McCann
5 Yale J.L. & Tech. 103
This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Indeed, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care as well.