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Record W4413244147 · doi:10.3138/ccar.v16i1.105

When Hackers Strike: The Liability of Reckless Record Holders for Intrusion Upon Seclusion

2020· article· en· W4413244147 on OpenAlex
Michael Crystal, Jacob Medvedev

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueCanadian Class Action Review · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicPrivacy, Security, and Data Protection
Canadian institutionsnot available
Fundersnot available
KeywordsConfidentialityTortClass actionSeclusionBusinessPlaintiffAppealContext (archaeology)Internet privacyIntrusionHackerLawCause of actionLiabilityPolitical scienceComputer securityState (computer science)History

Abstract

fetched live from OpenAlex

Abstract: The Ontario Court of Appeal’s decision in Jones v Tsige established the intentional tort of intrusion upon seclusion, colloquially known as invasion of privacy. Viewed as a powerful tool for the vindication of privacy rights, the tort has become a common cause of action in the class-action context. It has been generally accepted that confidential record holders, like banks and hospitals, will be held vicariously liable for intentional privacy breaches committed by their employees. However, select critics have opposed holding record holders liable when third party hackers gain unauthorized access to confidential records. The resulting gap in privacy right coverage leaves some plaintiffs, who have nonetheless had their privacy violated, without the necessary legal recourse to obtain adequate compensation. To address this gap, we argue in favour of holding record holders liable for intrusion upon seclusion if their reckless conduct contributed to the occurrence of the third party privacy breach.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.003
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: none
Teacher disagreement score0.860
Threshold uncertainty score0.865

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.098
GPT teacher head0.338
Teacher spread0.240 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it