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Laws

Common Law Tort

Regulatory Proceedings

NTIA Information Privacy and Innovation in the Internet Economy Docket . Comments Due 45+Days after Fed Reg

Press Release "U.S. Commerce Secretary Gary Locke today announced the launch of an initiative designed to gather public input and review the nexus between privacy policy and innovation in the Internet economy. In addition, Locke also announced the formation of a Department of Commerce-wide Internet Policy Task Force to identify leading public policy and operational issues impacting the U.S. private sector's ability to realize the potential for economic growth and job creation through the Internet.

"Because of the vital role the Internet plays in driving innovation throughout the economy, the Department has made it a top priority to ensure that the Internet remains open for innovation while promoting an environment respectful of individual privacy expectations," Locke said. "In these difficult economic times, nothing is more important to American prosperity than jumpstarting our engine of innovation."

Through a Notice of Inquiry (NOI) published in the Federal Register, the Commerce Department is seeking public comment from all Internet stakeholders - commercial, academic and civil society sectors and citizens - on the impact of current privacy laws in the United States and around the world on the pace of innovation in the information economy. [Comments Due 45 Days After Fed Reg Publication]The Department seeks to understand whether current privacy laws serve consumer interests and fundamental democratic values.

The Internet Policy Task Force is exploring current privacy frameworks, and ways to address the challenges of the new Internet economy and society in a manner that preserves and enhances personal privacy protection.

The Task Force is comprised of staff members from the National Telecommunications and Information Administration (NTIA), the International Trade Administration (ITA), the National Institute of Standards and Technology (NIST) and the Patent and Trademark Office (PTO), and will be coordinated through the Commerce Department's Office of Policy and Strategic Planning, which reports to the Secretary.

In addition to privacy and innovation, the Internet Policy Task Force will examine cyber security, online copyright protection and international barriers to moving data around the globe, and the ability of entrepreneurs, and small- and medium-sized businesses to expand their operations via the Internet.

On May 7, 2010, the Department will hold a public meeting to discuss stakeholder views and to further facilitate public discussion on privacy policy in the United States. After analyzing public comments in response to this NOI, the Department will issue a report contributing to the administration's domestic policy and international engagement on privacy.

Advisory Committee on Online Access and Security

Final Report of the Federal Trade Commission Advisory Committee on Online Access and Security
The FTC Advisory Committee on Online Access and Security voted to provide the Final Report to the Federal Trade Commission on May 15, 2000. Thirty-nine members voted to submit the report. One member did not submit a vote. 

"The Federal Trade Commission has established an Advisory Committee on Online Access and Security. The purpose of the Advisory Committee is to provide advice and recommendations to the Commission regarding implementation of certain fair information practices by domestic commercial Web sites. In particular, the Advisory Committee will address providing online consumers reasonable access to personal information collected from and about them and maintaining adequate security for that information."

Federal Activity

Public Forums / Roundtables

  • FTC Privacy Roundtables 2010
    • The Federal Trade Commission will host a series of day-long public roundtable discussions to explore the privacy challenges posed by the vast array of 21st century technology and business practices that collect and use consumer data. Such practices include social networking, cloud computing, online behavioral advertising, mobile marketing, and the collection and use of information by retailers, data brokers, third-party applications, and other diverse businesses. The goal of the roundtables is to determine how best to protect consumer privacy while supporting beneficial uses of the information and technological innovation.
  • Dec 11-12 FTC Public Workshop to examine emerging wireless Internet and data technologies and the privacy, security, and consumer protection issues they raise.
  • FTC Plans Workshop: The Mobile Wireless Web, Data Services and Beyond: Emerging Technologies and Consumer Issues Nov 27, 2000 itaa
  • Sep 19 NTIA Public Workshop to examine technoligical tools and developments that can enhance consumer privacy online.
  • FTC to Hold Identity Theft Victim Assistance Workshop Aug 16, 2000 ftc
  • Aug 22 Children's Online Privacy Protection Act (COPPA) Compliance Training Program for Website Operators. FTC.
  • NTIA will host a public workshop on September 19 to examine technological tools and developments that can enhance consumer privacy online. NTIA and the Internet Education Foundation will simultaneously co-host a Technology Fair to demonstrate the use and capabilities of a broad array of online privacy technologies. [Media Advisory]
  • 1997: "A second FTC workshop in June 1997 delved more deeply into these issues." [FTC]
  • 1996: " In June 1996, the Commission conducted a two-day workshop to explore privacy concerns raised by the online collection of personal information, and the special concerns raised by the collection of personal information from children. The workshop considered an array of alternatives to address those concerns, including industry self-regulation, technology-based solutions, consumer and business education, and government regulation. A summary of the workshop testimony was published by the Commission in a December 1996 staff report entitled Consumer Privacy on the Global Information Infrastructure. " [FTC]
  • 1995: " In April 1995, staff held its first public workshop on privacy on the Internet, and in November of that year the Commission held hearings on online privacy as part of its extensive hearings on the implications of globalization and technological innovation for competition and consumer protection issues. " [FTC]

Hearings

Hearing Internet Privacy: The Views of the FTC, the FCC, and NTIA

Reports

  • DHS Privacy Office, Report to the Public on Events Surrounding jetBlue Data Transfer (Feb. 20, 2004)
    • A potential privacy violation involving the Transportation Security Administration ("TSA") (at the time, a division of the Department of Transportation, now a component of the Department of Homeland Security), was brought to the attention of this office in September 2003. The potential privacy violation involved the transfer of Passenger Name Records ("PNR") from jetBlue Airways to the Department of Defense, a transfer that occurred with some involvement by TSA personnel. While the incidents in question occurred during 2001 and 2002, preceding the creation of the Department of Homeland Security, the matter raises serious concerns about the proper handling of personally identifiable information by government employees now within the Department of Homeland Security. Accordingly, the Privacy Office conducted an investigation of the facts surrounding the transfer of data
  • See Online Profiling
  • Privacy Online: Fair Information Practices in the Electronic Marketplace: A Federal Trade Commission Report to Congress (May 2000)
  • Self Regulation and Privacy Online: A FTC Report to Congress (7/99)
  • Online Privacy: A Report to Congress (6/98)

Caselaw

  • See ECPA Caselaw
  • Supnick v. Amazon.com, Inc., No. C00-0221P (W.D. Wash.)
  • In re Doubleclick Inc. Privacy Litigation , 154 F.Supp.2d 487, 511-12 (SDNY 2001)
  • Chance v. Avenue A, Inc., 165 F.Supp.2d 1153 (W.D.Wash.2001).
  • In re Intuit Privacy Litigation, 138 F.Supp.2d 1272 (C.D.Cal.2001)
  • In re RealNetworks, Inc. Privacy Litigation, 2000 WL 631641 (N.D. Ill. 2000) (sent to arbitration)
  • McMann v. Doe (AR Super Ct Jan 18, 2007) [Anonymous posting, privacy] (plaintiff's case must be able to survive motion for summary judgment before court will order identity of defendant revealed, Court adopts Cahill Rule). See Public Citizen

Windows XP

Books
  • Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale University Press 2011)
  • Lorrie Faith Cranor, Web Privacy with P3P (2002)
  • Public Policy and the Internet : Privacy, Taxes, and Contract (Hoover Institution Press Publication, 481.) by Nicholas Imparato (Editor)
  • Computer and Internet Use on Campus: A Legal Guide to Issues of Intellectual Property, Free Speech, and Privacy by Constance S. Hawke
  • Internet Privacy for Dummies (For Dummies) by John Levine, Ray Everett-Church, Gregg Stebben
  • Technology and Privacy by Philip E. Agre (Editor), Marc Rotenberg (Editor)
  • Privacy in the Information Age by Fred H. Cate, Michael H. Armacost
  • None of Your Business : World Data Flows, Electronic Commerce, & the European Privacy Directive by Peter P. Swire, et al
  • The Privacy Law Sourcebook 1999: United States Law, International Law, and Recent Developments by Marc Rotenberg
  • Ben Franklin's Web Site : Privacy and Curiosity from Plymouth Rock to the Internet by Robert Ellis Smith, Sangram Majumdar (Illustrator) 
  • Database Nation : The Death of Privacy in the 21st Century by Simson Garfinkel, Deborah Russell
  • The End of Privacy : How Total Surveillance Is Becoming a Reality by Reg Whitaker, Reginald Whitaker
  • The Unwanted Gaze : The Destruction of Privacy in America by Jeffrey Rosen
  • The Hundredth Window: Protecting Your Privacy and Security in the Age of the Internet by Charles Jennings, et al
  • Who Knows: Safeguarding Your Privacy in a Networked World by Ann Cavoukian, Don Tapscott (Contributor)
  • Who Owns Information? : From Privacy to Public Access by Anne Wells Branscomb
  • Your Right to Privacy : A Basic Guide to Legal Rights in an Information Society (An American Civil Liberties Union Handbook) by Evan Hendricks, et al
  • Privacy and Human Rights 2001: An International Survey of Privacy Laws and Developments (EPIC 2001) [ EPIC Bookstore ]
  • ROBERT ELLIS SMITH, BEN FRANKLIN’S WEB SITE: PRIVACY AND CURIOSITY FROM PLYMOUTH ROCK TO THE INTERNET 12 (2000).

Links

Timeline

  • 2011:
    • Apple Geolocation Tracking
  • 2010:
    • Google Spyfi
    • Google Buzz released
    • FTC holds COPPA Rule Review Roundtable
    • FTC calls for Do Not Track
  • 2009:
    • FTC releases: Self-Regulatory PRinciples for Online Behavior Advertsing: Tracking, Targeting, and Technology
    • FTC releases: Net Cetera: Chatting with Kids about Being Online
  • 2008:
    • Future of Privacy Forum established
    • FTC releases: Protecting Consumers in the Next Tech-ade: A Report by the Staff of the FTC
  • 2007:
    • FTC releases: Spam Summit: The Next Generation of Threats and Solutions: A Staff Report by the FTC's Division of Marketing Practices
    • FTC releases Implementing the COPPA: A FTC Report to Congress
    • FTC co-chairs Presidents ID Theft Task Force with DOJ and issues Strategic Plan
  • 2006:
    • FTC First adware case: In the Matter of Zango
    • FTC releases: Peer-to-Peer File Sharing Technology: Consumer Protection and Competition Issues: A FTC Staff Workshop Report
    • FTC sponsors workshop: Protecting Consumers in the Next Tech-ade
  • 2005:
    • FTC Releases: Spyware Workshop: Monitoring Software on your Personal Computer: Spyware, Adware, and other Software: Report of the FTC Staff
    • FTC Launches onguardonline.gov
  • 2004:
    • Facebook launched
    • Can Spam Act rules go into effect
    • FTC's first spyware case: FTC v Seismic Entertainment
    • FTC releases: The Can Spam Act of 2003: National Do Not Email Registry: A FTC Report to Congress
  • 2003:
    • National Do Not Call Registry goes into effect
    • FTC Workshop: Technologies for Protecting Personal Information; Spam Forum; and Costs and Benefits Related to the Collection and Use of Consumer Information
  • 2002:
    • FTC workshop: Consumer Information Security Workshop
    • FTC releases report: Public Workshop: The Mobile Wireless Web, Data Services and Beyond: Emerging Technologies and Consumer Issues
  • 2001: COPPA Safe Harbors begin
  • 2000:
    • FCC recommends to Congress that businesses comply with FIPP
    • International Association of Privacy Professionals founded
    • COPPA rules go into effect
    • First COPPA enforcement case
    • FTC releases Online Profiling: A FTC Report to Congress
    • FTC releases Privacy Online: Fair Information Practices in the Electronic Marketplace: a FTC Report to Congress
    • FTC Workshop: The Mobile Wireless Web, Data Services and Beyond: Emerging Technologies and Consumer Issues
  • 1999:
    • FTC v Geocities (reportedly first FTC enforcement action for online privacy, FTC alledged that Geocities engaged in deceptive practices with regard to its privacy policy and the use of information collected).
    • FTC releases Self-Regulation and Privacy Online: A Federal Trade Commission Report to Congress
    • FTC Workshop: Online Profiling
    • FTC Launches ID Theft Website
  • 1998:
  • 1997: First Spam enforcement case brought by FTC
  • 1996: First FTC Staff Workshop on Privacy on the Internet: Consumer Privacy on the Global Information Infrastructure [FTC]
  • 1973: the U.S. Department of Health, Education and Welfare (HEW) developed the Code of Fair Information Practices
  • 1970: Fair Credit Reporting Act enacted

Papers

Course Syllabi

News

 

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