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Laws

  • US Constitution, Bill of Rights
    • First Amendment: Right of Association
    • Third Amendment: Prohibits quartering soldiers in your home
    • Fourth Amendment Search and Seizure
    • Firth Amendment: Self Incrimination
    • Ninth Amendment: Rights Retained by the People
  • Bank Secrecy Act
  • Can Spam Act
  • Children's Online Privacy Protection Act
  • Communications Act
    • CALEA 1994
    • Cable Communications Policy Act of 1984
      • "In October 1984, the U.S. Congress amended the Communications Act of 1934 by adopting the Cable Communications Policy Act of 1984. The 1984 Cable Act established policies in the areas of ownership, channel usage, franchise provisions and renewals, subscriber rates and privacy, obscenity and lockboxes, unauthorized reception of services, equal employment opportunity, and pole attachments. The new law also defined jurisdictional boundaries among federal, state and local authorities for regulating cable television systems." FCC
    • Cable Television Consumer Protection and Competition Act of 1992
    • Privacy Rights of Satellite Subscribers 47 USC § 338(i)
    • Customer Proprietary Network Information Section 222
    • Junk Fax Prevention Act of 2003
    • Telephone Consumer Protection Act
    • Unauthorized Publication of Communications, Telecom Act Sec. 705, 47 USC § 605 | FCC Fact Sheet
      • (a) Except as authorized by chapter 119 [ECPA], title 18, United States Code, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception,

          (1) to any person other than the addressee, his agent, or attorney,

          (2) to a person employed or authorized to forward such communication to its destination,

          (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed,

          (4) to the master of a ship under whom he is serving,

          (5) in response to a subpena issued by a court of competent jurisdiction, or

          (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator.

  • Computer Fraud and Abuse Act 18 USC § 1030
  • Digital Millennium Copyright Act of 1998
  • Drivers Privacy Protection Act (18 USC § 2721)
  • Electronic Communications Privacy Act of 1986
  • Electronic Funds Transfer Act 15 USC § 1693
  • Employee Polygraph Protection Act (29 USC § 2001)
  • Equal Credit Opportunity Act 15 USC § 1691
  • Equal Employment Opportunity Act 42 USC § 2000e
  • Family Educational Rights and Privacy Act 20 USC § 1232g
  • Fair and Accurate Credit Transactions Act of 2003
  • Fair Credit Reporting Act 15 USC § 1681
  • Fair Housing Act 42 USC § 3604
  • Family Educational Rights and Privacy Act
    • "The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education ." "Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):"
  • Federal Information Security Management Act
  • Freedom of Information Act
  • Foreign Intelligence Survelliance Act of 1978
  • Gen'l Educational Provisions Act, Section 445
  • Gramm-Leach Bliley, Title V (15 USC § 6801; 12 CFR § 40.18)
  • Health Insurance Portability and Accountability Act (HIPPA) - Public Law 104-191; 45 CFR §164.502
  • Patriot Act of 2001
  • Privacy Act
    • eGov Act of 2002 (Privacy Impact Assessments) amending Privacy Act
    • Computer Matching and Privacy Protection Act of 1988 amending Privacy Act 5 USC 552a
  • Privacy Protection Act
  • Protection of Citizens' Privacy on Federal Web Sites, Treasury and General Government Appropriations Act, 2001 (P.L. 106-554, December 21, 2000) SECTION 646,
  • Real ID Act of 2005 Pub.L. 109-13, 119 Stat. 302, enacted May 11, 2005
  • Rights to Financial Privacy Act 12 USC § 3401
  • Video Privacy Protection Act of 1988
  • Wiretap Act of 1968
  • Video Privacy Protection Act 18 USC § 2710
  • Executive Documents
    • Executive Memo M-00-13 Privacy Policies and Data Collection on Federal Web Sites June 22, 2000. Federal agencies required to
      • Post and comply with privacy policy
      • Presumption that cookies will not be used on federal sites; Only use cookies with clear notice and when certain conditions have been met.
      • Comply with the Children's Online Privacy Protection Act
    • M-99-18 Memorandum for the Heads of Executive Departments and Agencies: Privacy Policies on Federal Websites June 2, 1999
  • Restatement (Second) of Torts § 652 (common law tort privacy rights)

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

Closed
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]

Hearings

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

Privacy Impact Statements

Windows XP

Books
  • 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 ]

Links

Papers

Papers: Data Security

  • Michael D. Scott, "The FTC, the Unfairness Doctrine, and Data Security Breach Litigation: Has the Commission Gone Too Far?" 60 ADMINISTRATIVE LAW REVIEW (Winter 2008)
  • Michael D. Scott, "Data Security Breaches, Where Are the Losses?" 9 E-COMMERCE LAW REP. 2 (July 2007)

Course Syllabi

News & Blogs

 

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