LATEST CHANGES TO SITE

• January 21, 2009: We will be meeting Wednesday, January 21st, at 5pm, at Beau Jo's Pizza across the street from the law school, for a post-seminar celebration.
• Oct. 26, 2008: Posted cached copy of one article for week nine to fix a broken original link.
• Oct. 13, 2008: Posted information about rescheduled lab class in Week Ten
• Sept. 8, 2008: Not only has the reading for Week 4 been posted here, but a new version of the syllabus is included below (version 0.96).
• Sept. 2, 2008: Be sure to check this page each week to see amendments, additions, and deletions to the reading. Any changes to a week's reading will be posted by the start of the prior class. After this week, changes to the reading will NOT be listed here in "Latest Changes."

Course Syllabus

Map and directions to lab class.

Changes to Syllabus

Please take note of the following changes to the syllabus:
• Class Ten, originally scheduled for Tuesday, November 4th (Election Day) has been rescheduled. The two new dates are:
  • Thursday, October 30, 2008, 2 - 4pm
  • Wednesday, November 5, 2008, 1 - 3pm
  You need attend only one of the make-up sessions. Room and other details TBA.

Virtual Coursepack Reading

• Week Twelve, 11/18/08:
  • Read scanned pages (42 pages, 3MB file) from Information Privacy Law, Solove, Rotenberg, and Schwartz (careful--not our class book)
• Week Eleven, 11/11/08:
  • Read Introduction and Part III only: Neil M. Richard, Intellectual Privacy (forthcoming Texas Law Review).
  • Read Introduction and Part III only:: Dan Solove, The First Amendment as Criminal Procedure, 84 N.Y.U.L. REV. 112 (2007).
  • Read Part III only: Danielle Citron, Cyber Civil Rights (forthcoming 2009 Boston University Law Review.)
• Week Ten (Lab classes): No reading.
• Week Nine, 10/28/08:
  • SRS 284-309
  • Introduction and Part II only: Paul M. Schwartz, Property, Privacy, and Personal Data, 117 Harv. L. Rev. 2055 (2044).
  • Alessandro Aquisti and Jens Grossklags, What Can Behavioral Economics Teach Us About Privacy? NOTE: As of Sunday, 10/26, this link is broken. Unless and until it comes back, you can use Google's cache or this cache. (sorry about the ugly formatting)
  • Read Summary and Parts I, II, and VI only: Chris Jay Hoofnagle, Privacy Self-Regulation: A Decade of Disappointment
  • Federal Trade Commission, Online Behavioral Advertising: Moving the Discussion Forward to Possible Self-Regulatory Principles
• Week Eight, 10/21/08:
  • SRS 256-68
  • Testimony of Deven McGraw, Director of the Health Privacy Project at the Center for Democracy and Technology before the House Energy and Commerce Committee on the Discussion Draft of Health Information Technology and Privacy Legislation
  • Markle Foundation, Connecting for Health, The Architecture for Privacy in a Networked Health Information Environment (Skip tables at end.) (Optional: if you are interested in reading further, you can read other reports in this series.)
  • Richard Epstein, HIPAA on Privacy: Its Unintended and Intended Consequences, 23 Cato Journal 13 (2002).
• Week Seven, 10/14/08 (NOTE: Assignment changed slightly on Tuesday, 10/7):
  • SRS 217-220; 249-56
  • Mattathias Schwartz, The Trolls Among Us, N.Y. Times Mag. at MM24, Aug. 3, 2008.
  • Read Introduction, Part I and Part IV only: Danielle Citron, Cyber Civil Rights (forthcoming 2009 Boston University Law Review.)
  • Read Introduction and Part II only: Orin Kerr, Cybercrime's Scope: Interpreting 'Access' and 'Authorization' in Computer Misuse Statutes, 78 NYU L. Rev. 1596 (2003).
• Week Six, 10/7/08:
  • SRS 209-217
  • Randy Picker, Competition and Privacy in Web 2.0 and the Cloud (draft).
  • Read Introduction and Part I only (first 32 pages): Paul Ohm, The Rise and Fall of Invasive ISP Surveillance, 2009 U. Ill. L. Rev. ____ (forthcoming 2009)
  • Optional: James Grimmelmann, The Google Dilemma (draft). (No longer assiged, but it is a good, quick read.)
• Week Five, 9/30/08:
  • SRS 1-26 (reassigned from week one)
  • Skip Parts I, II, and Subparts IV.B, IV.C, and IV.D: Lior Strahilevitz, A Social Networks Theory of Privacy, 72 U. Chi. L. Rev. 919 (2002)
• Week Four, 9/16/08:
  • SRS 133-75
  • Skip Parts II.B, II.C, IV.A, and IV.B: Dan Solove, Privacy and Power: Computer Databases and Metaphors for Information Privacy, 53 Stan. L. Rev. 1393 (2001).
  • Doug Kysar, Foreward: Making Sense of Information for Environmental Protection, 86 Tex. L. Rev. 1347 (2008). (not on web, download from Westlaw)
  • SKIM (I mean, really skim; just read headings and important-sounding paragraphs): The Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a.
• Week Three, 9/9/08:
  • SKIP Parts III and IV: Fred Cate, Government Data Mining: The Need for a Legal Framework, 43 Harv. Civ. Rights-Civ. Liberties L. Rev. 435 (2008).
  • Read entire articles: Both the Slobogin and Kerr articles are part of a recent symposium of the University of Chicago Law Review and available with other articles at the journal's website.
  • SKIM (I mean, really skim; just read headings and important-sounding paragraphs): 50 U.S.C. § 1801-1811.
  • SRS 103-107
• Week Two, 9/2/08:
  • SRS 57-83
  • Skip Part III: Orin Kerr, The Case for the Third-Party Doctrine
  • Skip Parts III.A, III.C, and III.D: Warshak v. United States, 490 F.3d 455 (6th Cir. 2007) vacated by 535 F.3d 521 (6th Cir. 2008) (en banc).

Upcoming Weeks

Other Class Materials

• Here is the class mind map for class two. This includes my pointers to picking a topic.
• The September issue of Scientific American is devoted to "The Future of Privacy." There are probably many good paper topics lurking in these articles.

Other Links

None.