Privacy Law and Issues - Especially Computer Related
In 1928 United States Supreme
Court Justice Brandeis wrote "discovery and invention have made it possible
for the government, by means far more effective than stretching upon the
rack to obtain disclosure in court of what is whispered in the closet. The
progress of science in furnishing the government with means of espionage
is not likely to stop with wiretapping." His haunting and prescient words
clearly apply today, as the line between science and science fiction is
continually redrawn. -- Gary
T. Marx
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- Who
Really Owns Public Information?
- The Tenth Samuel Lazerow Memorial Lecture, October 16, 1996 University
of Pittsburgh, School of Information Sciences, Anne W. Branscomb
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- Privacy
News
- News, records, and analysis of legislation, litigation, and regulation
affecting the computer and Internet industry on privacy in the Tech
Law Journal.
- Congress
To Tackle Privacy, Antitrust Issues
- Net companies continue their push toward self-regulation, hoping to avert
restrictions By Kathleen Murphy, Internet World (January 4, 1999)
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- The
Anti-Privacy Lobby
- Why big companies fight for the right to sell your personal information--and
why Congress goes along for the ride. Plus: How one woman's coupon questionnaire
led to harassment by a convicted rapist. by Dante Chinni, Mother Jones,
January 13, 1998
- American
Bar Association Privacy Working Group
- Articles, cases, legislation, and links to other resources on the Web.
Project Documentation page includes: "Jurisdiction in Cyberspace--A US
Perspective" - "Jurisdiction on the Internet--A European Perspective" -
"Terms of Reference" and more. Other documents covering: Advertising/Consumer
Protection, Intellectual Property, Payment Systems/Banking, Privacy, Public
Law/Gaming, Sale of Goods, Sale of Services, Securities and Taxation.
- Wired
Collections/New Policy/Privacy
- Selected stories from Wired Magazine and Wired Digital.
- Anonymity
and Its Enmities - A. Michael Froomkin
- {par. 1} Professor Froomkin explains the mechanics of how "anonymity"
is effected for communication over the Internet and then analyzes the legal
status of attempts to ban anonymity. Through a combination of public-key
encryption and special "anonymous remailer" computers, messages can be
sent over the net with a high degree of certainty that they cannot be traced
to their originator. These techniques also make possible the creation of
"pseudonymous" personalities that can both send and receive messages, with
the originator's true identity concealed. The Supreme Court in the McIntyre
case recently struck down state prohibitions on the use of anonymity in
the context of political leaflets. But such state laws have generally been
very broadly drawn, and have been applied to political speech. The possibility
remains that a narrowly drawn statute banning anonymous political speech,
or one directed to non-political speech, might nevertheless be upheld.
- The
Center For Democracy And Technology
- The Center For Democracy and Technology is a non-profit public interest
organization based in Washington, DC. CDT works for public policies that
advance civil liberties and democratic values in new computer and communications
technologies.
- Computer
Law Observer Privacy Series (Site may not be available anymore)
- "As the Information Age reaches maturity, its tentacles seem to stretch
into every aspect of our lives. These fiber optic tentacles gather information
from us often without our knowledge. Vast amounts of personal information
is collected, sorted, organized by both government and private entities,
and then used for a wide variety of purposes. Do we have any right to control
the uses made of "our" information? Is there a right to privacy that provides
us with some protection?" --William S. Galkin, Esq.
- Privacy:
what is it?
- (Site may not be available anymore)
- Privacy
rights: the workplace
- (Site may not be available anymore)
- Electronic
privacy rights and police power
- (Site may not be available anymore)
- At the
limits of lawful secrecy
- (Site may not be available anymore)
- Your clickstream
is showing: privacy of online consumer information
- (Site may not be available anymore)
-
- CSPR
(Computer Professionals for Social Responsibility) - CyberRights Home Page
- This site may very well be the definitive one for Internet resources
on censorship and privacy issues.
-
- Communities
of Agents - Leonard Foner
- "Software agents have become an increasingly popular approach for dealing
with information filtering and information discovery. They have been used
for both utilitarian purposes (such as for email filtering or news filtering,
and also for more entertainment-oriented purposes." Software agents also
bring up privacy issues.
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- CyberSpace
Law for Non-Lawyers - Privacy Law Lessons
- Privacy Law in Cyberspace
- IInformational Privacy
- Informational Privacy on the
Net
- Privacy and the Fourth Amendment,
Part 1
- Privacy and the Fourth Amendment,
Part 2
- Privacy and the Fourth Amendment,
Part 3
- Statutory Protections for Privacy
- Exceptions to ECPA Protection
- ECPA: Material You Might Have
Stored on Your Computer
- Self-Help: Encryption
- Privacy: Self-Help: Anonymity,
Part 1
- Privacy: Self-Help: Anonymity,
Part 2
- Private Spaces
- Cyberspace-Law for Non-Lawyers
is presented by the Cyberspace Law Institute, Social Science Electronic Publishing.
- Dataveillance
and Information Privacy, and Definitions of Terms, Introduction to
- Roger Clarke
- This paper provides an introduction to the topics of data surveillance
and information privacy, and contains my definitions of key terms in the
area. It is intended as a starter-resource for people who want to break
into the area; and as a reference resource for people who've already broken
in.
- EPIC
- Electronic Privacy Information Center
- EPIC
Online Guide to Privacy Resources
- The Electronic Privacy Information Center is a public interest research
center in Washington, DC. It was established in 1994 to focus public attention
on emerging privacy issues relating to the National Information Infrastructure,
such as the Clipper Chip, the Digital Telephony proposal, medical record
privacy, ID cards, and the sale of consumer data.
- Ethics
and Law on the Electronic Frontier
- This is the home page for 6.805/STS085, a subject offered at MIT during
the 1994 and 1995 fall semesters. The course deals with the following topics:
- Computer Crime
- Information and Intellectual Property
- Encryption and National Security
- Privacy Implications of Computer Networks
- Computer Communications and
Freedom of Expression
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- The
Electronic Frontier Foundation
- A non-profit civil liberties organization working in the public interest
to protect privacy, free expression, and access to online resources and
information.
-
- Existing
Limitations on News Photographers in Pursuit of Individuals
- "… the prudent editor will only use this article as back ground for deciding
whether to call a lawyer for specific advice." --Alice Neff Lucan, 1998.
See also Case
Notes on Photographers -- Galella v. Onassis, 487 F.2d 986 (2d Cir. 1973).
- FTC Workshop on Consumer
Privacy on the Global Information Infrastructure
- "The Federal Trade Commissionís Bureau of Consumer Protection held a
public workshop on Consumer Privacy on the Global Information Infrastructure
on June 4-5, 1996. The workshop was part of the Bureauís Consumer Privacy
Initiative, an ongoing effort to bring consumers and businesses together
to address consumer privacy issues posed by the emerging online marketplace."
Full transcript available.
-
- The
Internet PRIVACY Forum
- is a moderated digest for the discussion and analysis of issues relating
to the general topic of privacy (both personal and collective) in the "information
age" of the 1990's and beyond. Topics include a wide range of telecommunications,
information/database collection and sharing, and related issues, as pertains
to the privacy concerns of individuals, groups, businesses, government,
and society at large. The manners in which both the legitimate and the
controversial concerns of business and government interact with privacy
considerations are also topics for the digest.
- Internet
Privacy Home Page
- "Prof. Peter Swire, Ohio St. Univ. Coll. of Law ã assorted information
on privacy issues including the the EC Directive on Data Protection and
links to internet privacy sites and some U.S. privacy laws." --ALSO
-
- Invasion
of Privacy and 90s Technologies
- From the Securities Awareness Bulletin, Number 2-96, August 1996
by Paul F. Barry and Charles L. Wilkinson. "The focus of this article is
on vulnerabilities that result from our employment of these electronic
and communications technologies in equipment and electronic devices that
are commonplace in America today-modern telephones, answering machines,
monitoring devices, wireless intercoms, computers and modems, facsimile
machines, and pagers."
- Communities
of Agents - Leonard Foner
- "Software agents have become an increasingly popular approach for dealing
with information filtering and information discovery. They have been used
for both utilitarian purposes (such as for email filtering or news filtering,
and also for more entertainment-oriented purposes." Software agents also
bring up privacy issues.
-
- CYBER list
- Harvard has created a CYBER list which is the on-line dialogue for the
"Seminar on Law and Technology" under the sponsorship of Prof. Charles
Nesson and Prof. Arthur Miller. After each meeting of the seminar on Monday
nights, a recap of the discussion is sent out to the list with a set of
hypotheticals on which all are invited to comment. Recent panel questions
include CYBERSPACE AND PRIVACY: WHAT'S THE ISSUE?, ENCRYPTION IN THREE
PARAGRAPHS OR LESS, and IS UNBRIDLED ENCRYPTION A THREAT TO THE NATIONAL
SECURITY?.Send inquiries for information
and subscriptions to CYBER@HULAW1.HARVARD.EDU
- Media
Awareness Network: Media Issues--Privacy
- Privacy: The News The latest updates from our Network News section, featuring
electronic and print news on media issues from Canadian and international
sources. Hot Topics in the Privacy Debate Why should we care about our
privacy? How is it invaded every day? How can we protect ourselves? This
section looks at the current topics in the privacy debate, as well as the
latest news on privacy issues. … Resource Room A selected list of books,
articles, reports, surveys and studies, teaching units and Internet links
to help you learn more about privacy. Legislation, Codes and Practices
An examination of Canadian and international laws, as well as voluntary
industry codes designed to protect privacy and the security of personal
information.
- Office
of Information and Privacy - U.S.Department of Justice
- "The Office of Information and Privacy (OIP) discharges the Department's
administrative and policy responsibilities under the Freedom of Information
Act (FOIA) and promotes government-wide compliance with the Act. OIP maintains
files of administrative appeals of denials of Department of Justice records
and initial request files of FOIA and Privacy Act requests for records
of the Offices of the Attorney General, Deputy Attorney General, Associate
Attorney General, Policy Development, Legislative Affairs, Intergovernmental
Affairs, and Public Affairs. The office also maintains records relating
to the administration of the office."
- Papers
on Technology, Privacy and Social Control
- Newspaper, Journal and Magazine articles and book chapters by Gary T.
Marx Professor, Department of Sociology, University of Colorado at Boulder,
also Professor Emeritus from M.I.T.
- Privacy
- The Perkins Coie Internet Case Digest
- Summaries of Internet privacy cases with links to opinions when available
and other background information See also their Encryption
page, and their Right
of Publicity page.
- Privacy
International
- Privacy International is a human rights group formed in 1990 as a watchdog
on surveillance by governments and corporations. PI is based in London,
UK and has an office in Washington, D.C. PI has conducted campaigns in
Europe, Asia and North America to counter abuses of privacy by way of information
technology such as telephone tapping, ID card systems, video surveillance,
data matching, police information systems, and medical records.
- Reporter's
Privacy Checklist
- From the Reporters committee for Freedom of the Press' The
First Amendment Handbook
- Some
U.S. Privacy Laws - Peter Swire
- Privacy.Org
- News archive
- A collection of news stories from various sources concerning privacy
issues.
- Web
Security and Privacy: An American Perspective
- Prof. L. Jean Camp, Kennedy School of Government
Abstract: Browsing the
Web gives one the heady feeling of walking without footprints in cyberspace.
Yet data
surveillance can be both ubiquitous and transparent to the user. Can
those who browse the Web protect their privacy? And does it matter if they
cannot?
I offer answers to these questions from the American legal tradition.
The American legal tradition focuses on a right to privacy, rather than
a need
for data protection. Yet illuminating Web privacy from this particular
perspective throws a broader light on how the fundamental rights of speech,
assembly,
and freedom of religious inquiry may depend upon electronic privacy
in the information age.
Suggestions,
corrections and comments for Journalism and Mass Communication Resources to
Karla-Tonella@uiowa.edu
Page updated
February 11, 2003