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Laws

  • Children's Online Privacy Protection Act
  • Digital Millennium Copyright Act of 1998
  • 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
  • Communications Act, Customer Proprietary Network Information Section 222 of the
  • Computer Fraud and Abuse Act 18 USC § 1030
  • 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 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):"
  • 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,
  • Rights to Financial Privacy Act 12 USC § 3401
  • Telephone Consumer Protection Act (Consumer Proprietary Network Information)
  • 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

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

Hearings

Reports to Congress

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 ]

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