"PRIVACY ON THE INTERNET"
with Professor Andreas Teuber
Department of Philosophy
Brandeis University

Tuesday and Friday:
April 17 and 20, 2000

Back to CS33B: "Internet and Society"
Spring 2000 Home Page


   Do We Have A Constitutional Right of Privacy? from Philosophy of Law (PHIL 22B -Teuber) -- In Griswold v. Connecticut Justice Douglas, arguing for the majority, found that the Connecticut law violated the general right to privacy recognized by the Constitution as a right of all citizens. Justice Douglas was aware that "privacy" was not mentioned anywhere in the Constitution; nonetheless he found a "right to privacy" embedded in the "penumbras," in the shadows and implications of several amendments to the Constitution. Griswold, the director of the Planned Parenthood League of Connecticut, was arrested in 1961 for violating a state law forbidding the distribution of contraceptive devices and information. The Planned Parenthood League provided contraceptives and information to married couples. The law forbid the distribution of contraceptives and information to any person, whether he or she was under-age, over-age, married or unmarried. Griswold argued that the law violated the Constitution and the Supreme Court agreed."

Major "Privacy" Cases:

   "The Eroded Self," by Jeffrey Rosen, New York Times Sunday Magazine April 30, 2000 -- In cyberspace, there is no real wall between public and private and the version of you constructed out there - from bits and pieces of stray data - is probably not who you think you are.

   "Cyberprivacy catches eye of Congress," The Boston Globe, June 19, 2000 -- After years of piecemeal proposals to safeguard personal information on the Internet, Congress is beginning to seriously address the concept of ''online privacy.'' It is considering an array of legislation that could dramatically increase the rights of consumers who release personal details into cyberspace.

   Join the DISCUSSION -- CLICK here and you'll be directed to a welcome page to create your own account for the Online Forum on "Privacy on the Internet." When you're ready, click on the button that says "Create Account" and you'll be led through the process of choosing an ID and a password. In order to participate in the online forum or just to read what others have to say, you have to register first. It is very simple. Just follow the directions for "New Users," choosing a username and password.


Click on any of the following and you will be linked directly to the course materials for Professor Arthur Miller's Online Course on Privacy and the Internet. Professor Miller's online initiative from the Berkman Center at Harvard Law School, debuted in spring 1998, and was offered free to the public via the Internet. Featured in stories in Wired magazine, The Boston Globe, and The New York Times on the Web, the project drew over 1,500 participants from around the world. This diverse group of participants included Harvard Law School alumni, computer professionals, high school and college students, educators, and retirees. Students were able to view course materials (cases, statutes, articles, video clips) online, discuss these materials with their professors and classmates in online discussion groups, and interact during real-time sessions in which Professor Miller attempted to replicate the type of Socratic exchange that occurs in Harvard Law School classrooms.

Table of Contents:

   (1) Who's Watching and Why?
      Privacy and Identity
  
(2) Who's Watching the Watchers?
      Privacy Standards
  
(3) It's a world-Wide Web:
      Cross-Border Issues
  
(4) E-mail Tapping, Digital Signatures, and Encryption:
      Protection for Your Electronic Communications
  
(5) Cookies and Clickstreams:
      Madison Avenue is Watching You
  
(6) Free Speech, Journalism, and Filtering:
      When one person's privacy is another person's speech.
  
(7) Workplace Privacy:
      In the Workplace, Everybody Knows If You're a Dog
  
(8) Medical Records


1. Who's Watching and Why?: Privacy and Identity

Lesson One "asks several fundamental questions first: What is privacy? Where does it stand in the firmament of human values? Who wants to violate it, and what might their reasons be? What does "cyberspace" do to privacy that "meatspace" does not?"

 

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2. Who's Watching the Watchers?: Privacy Standards

Lesson Two "begins by considering the nature of privacy itself and discussing some of the privacy concerns raised by the availability of information on the Internet. Then a look at how industry groups are addressing these concerns by developing both privacy policies and technological solutions. Consider whether these standards might make it easier for users to protect themselves without having to investigate the privacy policies and technical specifications of every individual web site they visit. Or are standards, like individual privacy policies and techniques, useless if they are not backed up by clear legal enforcement?"

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3. It's a World-Wide Web: Cross-Border Issues

"Having explored the nature of privacy, information, and identity and having looked at some responses to the privacy concerns raised by cyberspace. to understand the degree to which these responses may be implemented, and by whom, [Lesson Three] explores who has the power to control cyberspace, and by what mechanisms. To this end, Lesson Three focuses on questions of sovereignty."

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4. Email Tapping, Digital Signatures, and Encryption: Protection for Your Electronic Communications

"For most of us, e-mail has quickly become a part of our daily interaction with the world. And yet, in the course of our normal routine, we rarely give thought to the security of these transactions. When we call someone or send a postal letter, we are secure in our expectations of privacy. Yet, most people do not stop to consider whether their electronic communications are afforded the same level of protection. Do we have an expectation of privacy in our electronic communications? If so, is that expectation unfounded?"

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5. Cookies and Clickstreams: Madison Ave. is Watching You

"When you browse the Web, your browser communicates with web sites through the HyperText Transfer Protocol (HTTP) to get the web pages you request. One of the distinguishing features of HTTP (as opposed to File Transfer Protocol and Telnet) is its instantaneous nature. There is no real connection between a web server and browser during an HTTP session. The browser makes a request, the server fills it and moves on to its next request. When your browser makes another request, it does so as if it had never made the first. This is a good thing because it reduces server load (the server does not need to keep a connection open with your computer while you browse a page) but it is a bad thing because your browser must make a new connection for every request and the server treats every request as unrelated to any other. So-called "stateless" protocols are a problem for features like shopping carts or password saving because such features require some memory of what happened in previous requests from the same browser. Tracking a user by transactional information, cookies and the proposed Open Profiling Standard (OPS) are ways in which web servers are attempting to introduce "state" into HTTP."

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6. Free Speech, Journalism, and Filtering: --When one person's privacy is another person's speech.

Lesson Six "addresses the intersection of free speech and privacy on the Internet. There are a number of ways that the freedom of speech as guaranteed by the First Amendment to the U.S. Constitution implicates the privacy rights of the person speaking and of other people."

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7. Workplace Privacy: In the Workplace, Everybody Knows If You're a Dog

Lesson Seven "looks at a very old problem with which most people are familiar–workplace monitoring. Unlike the previous lessons, the question here is not if a person should have privacy, but how much employers can invade the privacy of their employees."

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8. Medical Records

Lesson Eight "focuses on the benefits of increased data collection, proposed federal legislation and case law in this area, and international views regarding medical privacy."

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Privacy on the Internet Library


A collection of articles, additional resources and links
on privacy in cyberspace and related legal issues


Papers on Cyberspace Law from the Cyberspace Law Institute

Law and Borders -- The Rise of Law in Cyberspace  (Winner of the 1997 Donald McGannon Award for Social and Ethical Relevance in Communication Research)
The Price of Netizenship
And How Shall The Net Be Governed? -- A Meditation on the Relative Virtues of Decentralized, Emergent Law
The New Civic Virtue of the Internet   [This article appeared in The Emerging Internet (February, 1998), the Annual Review of the Institute for Information Studies, a joint program of Nortel and the Aspen Institute. You may order copies of this volume, as well as its companion volume, The Internet as Paradigm (1997), by contacting Barbara Bimonte, The Institute for Information Studies, P.O. Box 222, Queenstown, MD 21658. Voice: 410-820-5375; fax:  410-820-5460; e-mail: bimonte@aspeninst.org.]
Jefferson Ascendant
An
outline of cases pertaining to, the problem of personal jurisdiction on the Internet

Links to papers written by Computer Law Institute Fellows and Friends

David Post
David Johnson
Larry Downes
David Farber
A. Michael Froomkin
Ethan Katsh
Larry Lessig
Henry H. Perritt, Jr.
Joel Reidenberg
Pam Samuelson
Jim Tierney
Eugene Volokh

Courses on Cyberspace Law Issues and Interactive Forms

Cyberspace Law for Non-Lawyers
David Post's Law of Cyberspace Course Materials
The Self-Ordering Net
Constructing a Company Email Policy
A Short Course on Sysop Liability
Pam Samuelson's Cyberlaw Course

Privacy on the Web Reports

Privacy on the Web FAQ from P3P</
Platform for Privacy Preferences Project (P3P)
Cookies (Again)
Cryptography Archive
Privacy Online: A Report to Congress
Children's Privacy Is Online
Privacy Advocates Oppose Open Profiling Standard
Privacy Protection Via Voluntary Initiatives: TRUSTe
Privacy Protection Via Voluntary Initiatives: Privacy Watchdog
Privacy Protection Technologies: Encryption
Privacy Protection Technologies: Anonymous Remailers
Privacy Protection Technologies: Anonymous Remailers
Privacy Protection Under the Law:
Privacy Protection Under the Law: Marital Privacy and the Right to Procreate
Privacy Protection Under the Law: A Right to Anonymity?


Pending Congressional Legislation (Requires Acrobat Reader)

Privacy Commission Act (Reported in the House)[H.R.4049.RH]
Privacy Commission Act (Introduced in the House)
[H.R.4049.IH]
Privacy Commission Act (Introduced in the Senate)
[S.3040.IS]
Electronic Rights for the 21st Century Act (Introduced in the Senate)
[S.854.IS]
Defense of Privacy Act (Introduced in the House)
[H.R.3307.IH]
Consumer Privacy Protection Act (Introduced in the Senate)
[S.2606.IS]
Personal Privacy Protection Act (Introduced in the House)
[H.R.97.IH]
Financial Information Privacy Act of 1999 (Introduced in the House)
[H.R.30.IH]
Financial Privacy Act Amendments of 1999 (Introduced in the House)
[H.R.2062.IH]
Student Privacy Protection Act (Introduced in the Senate)
[S.1908.IS]
Student Privacy Protection Act (Introduced in the House)
[H.R.2915.IH]
Health Information Privacy Act (Introduced in the House)
[H.R.1941.IH]
Medical Information Privacy and Security Act (Introduced in the Senate)
[S.573.IS]
Medical Information Privacy and Security Act (Introduced in the House)
[H.R.1057.IH]
American Financial Institutions Privacy Act of 1999 (Introduced in the Senate)
[S.466.IS]
American Financial Institutions' Privacy Act (Introduced in the House)
[H.R.530.IH]
Financial Information Privacy and Security Act (Introduced in the Senate)
[S.1924.IS]
Wireless Privacy Enhancement Act of 1999 (Referred in Senate)
[H.R.514.RFS]
Wireless Privacy Enhancement Act of 1999 (Engrossed in House )
[H.R.514.EH]
Wireless Privacy Enhancement Act of 1999 (Introduced in the House)
[H.R.514.IH]
Personal Information Privacy Act of 1999 (Introduced in the House)
[H.R.1450.IH]
Wireless Privacy Enhancement Act of 1999 (Reported in the House)
[H.R.514.RH]
Public Broadcasting Donor Privacy Act (Introduced in the House)
[H.R.2791.IH]
Computer Security Enhancement Act of 2000 (Engrossed in House )
[H.R.2413.EH]
Privacy Protection Study Commission Act of 1999 (Introduced in the Senate)
[S.1901.IS]
Consumer Internet Privacy Enhancement Act (Introduced in the Senate)
[S.2928.IS]
Securities Investors Privacy Enhancement Act of 1999 (Introduced in the House)
[H.R.1340.IH]
Social Security Number Privacy Act of 2000 (Introduced in the Senate)
[S.2871.IS]
Financial Information Privacy Act of 1999 (Introduced in the Senate)
[S.187.IS]
Computer Security Enhancement Act of 2000 (Reported in the House)
[H.R.2413.RH]
Electronic Privacy Bill of Rights Act of 1999 (Introduced in the House)
[H.R.3321.IH]
Telephone Call Privacy Act of 1999 (Introduced in the Senate)
[S.1850.IS]
Social Security Number Protection Act of 2000 (Introduced in the House)
[H.R.4611.IH]
Wireless Telephone Spam Protection Act (Introduced in the House)
[H.R.5300.IH]
Freedom and Privacy Restoration Act of 1999 (Introduced in the House)
[H.R.220.IH]
Social Security Number Protection Act of 2000 (Introduced in the Senate)
[S.2699.IS]
Financial Information Privacy Protection Act of 2000 (Introduced in the Senate)
[S.2513.IS]
Online Privacy Protection Act of 2000 (Introduced in the House)
[H.R.3560.IH]
Online Privacy Protection Act of 1999 (Introduced in the Senate)
[S.809.IS]
Consumer's Right to Financial Privacy Act (Introduced in the Senate)
[S.1903.IS]
Consumer Financial Privacy Act (Introduced in the House)
[H.R.4380.IH]
Telephone Privacy Act of 1999 (Introduced in the Senate)
[S.781.IS]
Personal Pictures Protection Act of 2000 (Introduced in the House)
[H.R.5462.IH]
Internet Consumer Information Protection Act (Introduced in the House)
[H.R.2882.IH]
Electronic Rights for the 21st Century Act (Introduced in the Senate)
[S.854.IS]
Consumer Online Privacy and Disclosure Act (Introduced in the House)
[H.R.5430.IH]
Internet Growth and Development Act of 1999 (Introduced in the House)
[H.R.1685.IH]
Internet Integrity and Critical Infrastructure Protection Act of 2000 (Introduced in the Senate)
[S.2448.IS]
Internet Tax Moratorium and Equity Act (Introduced in the Senate)
[S.2775.IS]
Internet Nondiscrimination Act of 2000 (Engrossed in House )
[H.R.3709.EH]
Spyware Control and Privacy Protection Act of 2000 (Introduced in the Senate)
[S.3180.IS]
Inbox Privacy Act of 1999 (Introduced in the Senate)
[S.759.IS]
Secure Online Communication Enforcement Act of 2000 (Introduced in the House)
[H.R.3770.IH]
Secure Online Communication Enforcement Act of 2000 (Introduced in the Senate)
[S.2063.IS]
Internet Nondiscrimination Act of 2000 (Placed on the Calendar in the Senate)
[H.R.3709.PCS]
Unsolicited Commercial Electronic Mail Act of 2000 (Referred in Senate)
[H.R.3113.RFS]
Unsolicited Commercial Electronic Mail Act of 2000 (Reported in the House)
[H.R.3113.RH]
Unsolicited Electronic Mail Act of 1999 (Introduced in the House)
[H.R.3113.IH]
Amending the Federal Food, Drug, and Cosmetic Act to enhance consumer protection in the purchase of prescription drugs from interstate Internet sellers. (Introduced in the House)
[H.R.5476.IH]
Amending the Federal Food, Drug, and Cosmetic Act to enhance consumer protection in the purchase of prescription drugs from interstate Internet sellers. (Introduced in the Senate)
[S.3208.IS]
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2000 (Introduced in the Senate)
[S.2542.IS]
Wireless Telecommunications Sourcing and Privacy Act (Reported in the House)
[H.R.3489.RH]
Personal Data Privacy Act of 1999 (Introduced in the House)
[H.R.2644.IH]
Networking and Information Technology Research and Development Act (Reported in the House)
[H.R.2086.RH]

Findlaw in Cyberspace Privacy Resources


Access to Data and Services
Access to Health Care Information
Access to Other Personal Information
Anonymity
Attorney-Client Privilege
Cryptography@
Wiretap@
Workplace Privacy

Findlaw Cyber Crime Resources


Cyber-crime
Cryptography Export
CyberFraud
Cyberstalking/Email Threats
Child Pornography
Cyberterrorism/Hacking/InfoWar
Cybertheft
Economic Espionage Act
Obscene Materials
Searches & Seizures
Software Infringement - Criminal
Wiretap

Additional Reading

Andrew Shapiro, Wired News, 4/23/1998, "The Netizen: Drudge Match"
David Potts,
"What is Libel and Other Questions"
Courtney Macavinta, C|Net News, 2/2/1999,
"Abortion 'hitlist' slammed in court"
Planned Parenthood Wins Injunction in Oregon Case;
Judge Orders American Coalition of Life Activists to Stop Threats 'To Bodily Harm, Assault, or Kill' Abortion Providers"
C|Net News, 3/12/1999,
"Abortion site causes free speech firestorm"

Findlaw Online Journals


Berkeley Technology Law Journal Edited and published twice each year by the students of Boalt Hall School of Law, University of California at Berkeley.
BitLaw Overview of the important legal issues which govern the computer and Internet industries.
Chicago Daily Law Bulletin Technology Column
Computer Law Articles By Mark Grossman, a syndicated Computer and Internet Law columnist. Topics include cyberstalking, privacy, contract formation in cyberspace, consumer fraud, the CDA, software licensing. Site also includes a weekly computer law tip.
Computers and the law Subject page from the U.S. House of Representatives Internet Law Library. Includes links to computer law resources on the net.
Computer Law News News stories on computer law issues from the publishers of the National Law Journal
Computer Underground Digest WWW Site A weekly journal of debates, news, research, and discussion of legal, social, and other issues related to computer culture.
CyberLaw World Wide CyberLaw is an educational service focusing on legal issues concerning computer technology. CyberLex reports legal developments touching the computer industry.
The CyberLaw Practitioner Monthly column at the UCLA Online Institute for Cyberspace Law and Policy
CyberSpace and the Law Articles By Mark White, Esq. from column that appears in Web Review Magazine
CyberSpace Lawyer Subscription based. Site also contains links to CyberSpace legal resources.
CyberWire Dispatch By Brock N. Meeks, Chief Washington Correspondent for Wired/HotWired.
Computer Underground Digest A more-or-less weekly digest/newsletter/journal of debates, news, research, and discussion of legal, social, and other issues related to computer culture.
Emerging Law on the Electronic Frontier: Special Issue of the Journal of Computer-Mediated Communication.
Harvard Journal of Law & Technology Legal implications of emerging technologies.
Intellectual Property Magazine The magazine of law and policy for high technology.
Internet Law Center From Law Journal EXTRA! News stories on Internet legal issues, from the publishers of the National Law Journal.
Journal of Information, Law and Technology (University of Warwick and University of Strathclyde)
Journal of Internet Law From Gray Cary Ware & Freidenrich.
Journal of Online Law (William & Mary)
Journal of Technology Law and Policy (University of Florida)
Law Bytes A newsletter published quarterly by Richard J. Greenstone. Contains non-technical articles on computer law. The site also contains other articles as well.
La Lettre de l'Internet Juridique (LIJ) Monthly electronic newsletter focusing on computer law and information technology law in the French and European legal system.
Legal Beat Information and articles on the government regulation of the Internet.
LegaLink Newsletter On law and technology.
Legal Issues Friday feature at Business.Net.
Michigan Telecommunication & Technology Law Review Informed discourse about the interrelated legal, social, business and public policy issues raised by emerging technologies.
NetLaw, the Transatlantic Legal Web Site Provides information on high tech, Internet and information law.
NetWatchers Cyberzine Monthly cyberzine covering legal developments in cyberspace and the online community.
Richmond Journal of Law and Technology Focuses on the impact that computer-related and other emerging technologies have on the law.
Smith & Lyons Information Technology Page Contains articles and links to information technology resources in Canada, the US and Australia.
Technology Review MIT's magazine of innovation.
UCLA Bulletin of Law and Technology Online law journal focused on technology issues.
U.S. Intellectual Property and New Media Law Update Weekly update available online or through e-mail.
West Virginia Journal of Law and Technology Published on a continuous basis.

Additonal Links and Resources

Cyberlaw and Society
Journal of Internet Law
Cyberspace Law (John Marshall Law School)
UCLA Online Institute for Cyberspace Law and Policy
Cyberlaw Enceyclopedia
E-Law web Pag
Nizer Law Library
Internet Case Digest
Readings and Source Materials for Internet Privacy (M.I.T. Ethics and Law Course)
Cyberlaw Enceyclopedia

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Back to CS33B: "Internet and Society"
Spring 2000 Home Page


Prepared: January 10, 2001 - 12:02:29 PM
Edited and Updated, January 13-15, 2001


Privacy on the Internet
Professor Andreas Teuber