Marc Rotenberg, Privacy Law Source Book (EPIC: 2001).
Students will need access to e-mail and the world wide web to participate
in the course. While e-mail and Internet access are available at the
school, it is highly recommended that students obtain an Internet service
provider account to assure reliable use throughout the semester.
Because the Internet often faces traffic slowdowns and the servers storing class readings may have occasional problems, students should plan to access course readings well in advance of class.
Any student preparing work in satisfaction of the writing
requirement must submit the Registrar's notification form to the instructor
before Friday, Jan. 12, 2002.
PART I: INFORMATION CIRCULATION AND PRIVACY
The first part of the course will focus on the circulation of personal information on the Internet and theories of data privacy.
Topic 1: Electronic Traces and Network Trends (1/9/02)
Learn about hidden disclosures of personal information: browse:
See privacy protective technologies:
The Anonymizer, http://www.anonymizer.com/3.0/index.shtml
Topic 2: Fair Information Practice Standards
Interesting Organizations to browse:
Privacy Foundation http://www.privacyfoundation.org
PART II: PUBLIC SECTOR
Topic 1: Base Line (1/23/02)
Katz v. US, 389 U.S. 347 (1967)
Electronic Communications Privacy Act, 18 U.S.C. 2510 et al (skim)
United States v.Smith, 155 F.3d 1051, 1055 (9th Cir. 1998), cert. denied, 525 U.S. 1071 (1999) (read through Part II. B)
Konop v. Hawaiian Airlines, 236 F.3d 1035 (9th Cir., 2001)
Computer Assistance for Law Enforcement Act of 1994 http://wireless.fcc.gov/csinfo/calea.html
Echelon Watch, Answers to Frequently Asked Questions (FAQ) about Echelon (Oct. 15, 2001)
Topic 4: Patriot Act (2/13/02)
American Bankers' Association, Aiding The Investigators: What the Right To Financial Privacy Act Allows You To Do
Electronic Frontier Foundation, Analysis of the Provisions of The USA PATRIOT Act that Relate to Online Activities , Oct. 31, 2001
Piper & Marbury, Summary and Analysis of Key Sections of the USA PATRIOT Act of 2001 (Oct. 31, 2001)
Hearing on " The Financial War on Terrorism and the Administration's Implementation of the Anti-Money Laundering Provisions of the USA Patriot Act." before the Senate Committee on Banking, Housing and Urban Affairs, 107th Cong., 2nd Session (Jan. 29, 2002) (skim statements--don't bother printing, read Statement of the Hon. Michael Chertoff )
Electronic Frontier Foundation, USAPA Sunset Provisions Could Leave Congress in the Dark (Dec. 2001)
US PATRIOT ACT, Pub. L. No. 107-56, Oct. 26, 2001 http://www.cdt.org/security/usapatriot/011026usa-patriot.pdf
PART III: PRIVATE SECTOR
The third part of the seminar will examine the treatment of personal information in the private sector. These readings will explore specific statutory and policy approaches and will include a skills exercise based on real corporate privacy policies.
Topic 1: Profiling and Secondary Use (2/27/02)
(read sections on "Purpose Limitation")
Joel R. Reidenberg, Ecommerce and Trans-Atlantic Privacy , 38 HOUSTON L. REV.
717 (2001) (read pp. 720-722)
Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681u (skim statute, read 15 U.S.C.
Trans Union v. FTC, D.C. Cir. Docket No. 00-1141
http://laws.findlaw.com/dc/001141a.html reh. denied
Telecommunications Act of 1996, Section 222
US West v. FCC, 182 F.3d 1224 (10th Cir., 1999) cert. denied.
Optional resource material: FCC Regulations
Troy Wolverton, Amazon Unit Settles Privacy Lawsuit , C/Net news.com (Apr. 27,
Topic 2: Children and Data Collection
Federal Trade Commission Materials on Children's privacy
Visit: http://www.kidscom.com/home_flash.html (click on "Privacy Statement" found in the upper right of page)
FTC Announces Settlements with Web Sites That Collected Children's Personal Data Without Parental Permission
COPPA Safe Harbor (browse)
Resource: Children's Online Privacy Protection Act of 1998
Topic 3: Filtering Technologies
Guest Speaker: Lorrie Cranor, AT&T Research
Lorrie Cranor, P3P Handbook Chapter 1 (read) Chapter 10 (recommended) (the passwords will be distributed on the Discussion Group
and by email)
Topic 4: Lawyering Skills Exercise
**** RESEARCH PAPER DRAFTS DUE (3/22/02)
SUBMIT NO LATER THAN 12PM
IN FACULTY SECRETARIAL OFFICE, ROOM 405
PART IV: INTERNATIONAL
The last part of the seminar will study the international dimensions of the regulation of the treatment of personal information. In particular, the readings will focus on the problems that divergences in data privacy rules create for international data flows.
Topic 1: European Data Protection and Flows (4/3/02)
Guest Lecture followed by class lunch
with Yves Poullet, Dean of the Law School
at FUNDP, Belgium
EU Directive 95/46/EC
(skim all, read Arts. 25-26)
Implementation of EU Directive 95/46/EC
Reidenberg & Schwartz, Online Services and Data Protection Law: Regulatory Responses (EUR-OP, 1998) (read Part III, pp. 121-153)
Topic 2: Trans-Atlantic Data Flows (4/10/02)
EU Working Party, Transfers of personal data to third
countries : Applying Articles 25 and 26 of the EU data protection directive
Papers due in Registrar's Office on 4/25/02 by 5pm or
as announced in class on April 24, 2002.
LATE NEWS: PAPERS MAY BE SUBMITTED TO THE REGISTRAR'S
OFFICE THROUGH 12PM, MAY 8, 2002. NO PAPERS WILL BE ACCEPTED AFTER
THE EXTENDED DEADLINE.