This is the webpage for a class from the PAST that
has ALREADY ENDED. Current class information is available here
- 11/6/13: Posted reading for week eleven.
- 9/24/13: Posted reading for week five.
- 9/5/13: Posted reading for week three.
- 8/16/13: Posted syllabus.
- 7/29/13: Posted class website.
The draft syllabus (subject to change) is available in (pdf) and (docx) formats.
We will be using one book in our class, Daniel Solove & Paul Schwartz, Privacy, Information, and Technology (3d Ed. Aspen 2012). You must have the latest edition.
For the first class, August 26, 2013, please read pages 1-40 (Introduction Parts A and B).
- Week 2: September 9, 2013: In addition to the pages assigned in the textbook, pages 40-77, read Kang and Buchner, Privacy in Atlantis, 18 Harv. J.L. & Tech. 229 (2004).
- Week 3: September 16, 2013:
- Julia Angwin, The Web's New Gold Mine: Your Secrets, WALL ST. J., July 30, 2010, available at http://online.wsj.com/article/SB10001424052748703940904575395073512989404.html. (If you hit the paywall, use this mirror instead.)
- Natasha Singer, Your Online Attention, Bought in an Instant, N.Y. TIMES, Nov. 17, 2012, at BU1, available at http://www.nytimes.com/2012/11/18/technology/your-online-attention-bought-in-an-instant-by-advertisers.html?pagewanted=all
- Somini Sengupta, What You Didn't Post, Facebook May Still Know, N.Y. TIMES, March 25, 2013, available at http://www.nytimes.com/2013/03/26/technology/facebook-expands-targeted-advertising-through-outside-data-sources.html?pagewanted=all
- Excerpt from Scott Peppet, Unraveling Privacy: The Personal Prospectus & the Threat of a Full Disclosure Future, 104 Northwestern University Law Review ___ (forthcoming 2011) (MS Word format).
- Jeff Blagdon, Do Not Track: An Uncertain Future for the Web's Most Ambitious Privacy Initiative, THE VERGE, Oct. 12, 2012, http://www.theverge.com/2012/10/12/3485590/do-not-track-explained
- Peter Swire and Mattias Schunter, What Base Text to Use for the Do Not Track Compliance Specification, July 15, 2013, http://www.w3.org/2011/tracking-protection/2013-july-decision/
- Week 4: September 23, 2013 (Reminder: Ignore the assignment in the syllabus, which differs significantly from the following):
- Fred Cate, The Failure of Fair Information Practice Principles (2006).
- Read S&S Pages 433-57
- Excerpt from Dan Solove, Privacy Self-Management and the Consent Dilemma, 126 Harv. L. Rev. 1880 (2013). (MS Word format).
- To provide context for these theoretical readings, we will focus on mobile app privacy. First, consider the following news accounts of recent mobile app privacy "controversies":
- Second, compare/contrast these three recent efforts to set best practices for mobile app developers (These are long documents, so be sure to read only the specified sections):
- Week 5: September 30, 2013: Lab Class
- Week 6: October 7, 2013: Social Networks Privacy
- Excerpt from James Grimmelmann, Saving Facebook, 94 Iowa Law Review 1137 (2009) (Parts I and II only) (word format).
- Jeffrey Rosen, The Web Means the End of Forgetting, New York Times Magazine, July 21, 2010 (mirror).
- Excerpt from Viktor Mayer-Schoenberger, Delete: The End Of Forgetting In The Digital Age (2009).
- Newly enacted California law: California Business and Professions Code sect. 22581 (word format).
- Excerpt from Michelle Madejski, Martiza Johnson, and Steve Bellovin, The Failure of Online Social Network Privacy Settings, draft version of paper published in SESOC'12.
- Excerpt from danah boyd and Alice Marwick, Social Privacy in Networked Publics: Teens' Attitudes, Practices, and Strategies (PLSC 2011 draft).
- Summary of Findings, Mary Madden et al., Teens, Social Media, and Privacy, Pew Internet and Harvard Berkman Center, May 21, 2013.
- Excerpt from Paul Ohm, Branding Privacy, 97 Minn. L. Rev. 907 (2013) (word format).
- Week 7: October 14, 2013: First Amendment, Data, and Privacy
- Week 8: October 21, 2013: Big Data and Privacy
- Charles Duhigg, How Companies Learn Your Secrets, N.Y. Times, Feb. 16, 2012.
- Cynthia Dwork and Deirdre Mulligan, It's Not Privacy, and It's Not Fair, 66 Stan. L. Rev. Online 35 (2013)
- Jonas Lerman, Big Data and Its Exclusions, 66 Stan. L. Rev. Online 55 (2013).
- Ryan Calo, Consumer Subject Review Boards, 66 Stan. L. Rev. Online 97 (2013).
- Excerpt from Paul Ohm, Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization, 57 UCLA Law Review 1701 (2010) (word format).
- Excerpt from Felix Wu, Privacy and Utility in Data Sets, 84 Colo. L. Rev. 117 (2013) (word format).
- Excerpt from Paul Schwartz & Dan Solove, The PII Problem: Privacy and a New Concept of Personally Identifiable Information, 86 N.Y.U.L. Rev. 1814 (2011) (word format).
- Week 9: October 28, 2013: Introduction to the Fourth Amendment and Government Search of Hard Drives
- Week 10: November 4, 2013: The Fourth Amendment and the Internet
- S&S 87-95; 102-117 (start with note 3 on 102); 147-154 ("Title III" through "The Pen Register Act"); 183-205
- Week 11: November 11, 2013: National Security Surveillance, the NSA, and Edward Snowden
- Basic National Security/Keith/FISA overview: S&S 209-219; 224-36
- The 215/Telephone Metadata program:
- Miscellaneous Revelations:
- Nicole Perlroth et al., NSA Able to Foil Basic Safeguards of Privacy on Web, N.Y. Times, Sept. 5, 2013.
- James Ball, NSA Monitored calls of 35 world leaders after US official handed over contacts, The Guardian, Oct. 24, 2013.
- Barton Gellman and Ashkan Soltani, NSA infiltrates links to Yahoo, Google data centers worldwide, Snowden documents say, Washington Post, Oct. 30, 2013.
- Optional Reading: Still confused? These resources do a great job summarizing what we know and the timeline on which we learned things:
- Week 12: Surveillance on the Cutting Edge: Location, DNA, Drones, and Facial Recognition:
- S&S 133-45
- Excerpt from U.S. v. Jones, 565 U.S. ___ (2012).
- Excerpt from Maryland v. King, 133 S. Ct. 1958 (2013).
- Excerpt from In re Application of the U.S.A. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. July 30, 2013).
- Ryan Calo, The Drone as Privacy Catalyst, 64 Stan. L. Rev. Online 29 (2011).
- Nita Farhany, Testimony to Senate Committee on the Judiciary, Subcommittee on Privacy, Technology and the Law, July 18, 2012.
- Week 13: Careers in Privacy Law:
Other Class Materials