This is the webpage for a class from the PAST that
has ALREADY ENDED. Current class information is available here
- 1/9/2014: Instructions for submitting your papers:
- Send them to me via email at email@example.com.
- I will send you a confirmation of receipt.
- DO NOT PLACE YOUR NAME ANYWHERE ON THE PAPER, INCLUDING ON THE FILENAME. INSTEAD, USE THE ROT13-ENCODED VERSION OF YOUR NAME WITHOUT SPACES. FEEL FREE TO INCLUDE OTHER WORDS WITH YOUR NAME IF YOU FEEL THAT YOUR NAME LENGTH IS EASILY REIDENTIFIABLE. Here is an online form for generating ROT13.
- 1/7/2014: Posted final reading assignment. All reading assignments have now been posted.
- 1/6/2014: Posted first and second assignment and ciphertext discussed in class under "Other Class Materials".
- 1/5/2014: Posted updated version of syllabus.
What you should know about this class
- The class meets every day from Monday, January 6, to Thursday, January 9, 2014, from 9:00 AM to 11:30 AM (note the end time varies from the official course listing). Students are also required to attend a full day conference, scheduled for Friday, January 17, 2014, from 9:00 AM - 4:15 PM.
- The class will meet in two different classrooms. For the first class, please report to Wolf 305, our official meeting place.
- This class will be held during wintersession, the one week period immediately preceding the spring semester 2014. Traditionally, wintersession offerings have been limited to trial advocacy, but last year and this year the Associate Dean for Academic and Student Affairs wanted to experiment with a few, new, one-credit course offerings.
- In the spirit of the experimental nature of the Associate Dean's charge, this won't be a typical law school class. First, the class will focus a lot on technology and technology policy and not a lot on legal doctrine.
- Second, half of the classes will be conducted in the computer lab in the basement of the law library, and every student will receive hands-on experience with some of the technologies we will study.
- This course is offered for a grade. Your grade will be assessed based on a combination of all of the following:
- An in-week paper, assigned Monday and due Friday night. You will be asked to write a technology primer for non-expert policymakers. A list of technologies you can choose will be distributed on the first day of class. You are welcome to write about other privacy-related technologies, but only with prior permission. Details are being worked out, but expect this to require you to write approximately four pages, double-spaced.
- A final paper, due one week after the class ends, Friday, January 17th. The paper will require you to write an advocacy document to a policymaker or decisionmaker comparing a particular technology to a technology (or more than one technology) that has come before. An important point of this exercise is to give you experience making arguments by analogy, which turns out to be a crucial skill for tech policy practitioners. Once again, you can choose a technology from a list that will be distributed on the first day of class, or youc an write about another technology-related conflict or issue, with prior permission. Expect this to require you to write approximately eight pages, double-spaced.
- In-class participation
- Attendance and willingness to participate in the January 17th conference.
- The reading for the class is expected to be comparable in quantity to a typical law school seminar, meaning approximately 30 to 50 pages per day, although the final syllabus is still being worked out.
The syllabus is available as a PDF file.
Advice on reading: You need not read the assignments in this class as closely as you do for your doctrinal, black-letter courses. Instead, read for close comprehension but not more. (This may be similar advice you've been given in your seminar courses.)
For the first class, the readings fit in two categories:
- The relationship between technological change and policy.
- Encryption: History, Technology, Famous Conflicts, and Policy.
- Tom's IT Pro, A Visual History of Cryptography and Encryption, September 26, 2012 (view all 17 slides and read captions) (optional: slightly more detailed version of similar material available here).
- Excerpt from Cryptography for Dummies (may be review for some of you)
- THIS ARTICLE IS NO LONGER ASSIGNED AND THE LINK TO IT HAS BEEN REMOVED: Excerpt from Michael Froomkin, The Metaphor is the Key: Cryptography, the Clipper Chip, and the Constitution, 143 U. Penn. L. Rev. 709 (1995).
- Susan Landau, Security, Wiretapping, and the Internet, 3 IEEE Security and Privacy 26 (2005).
- Morgan Peck, Bitcoin: The Cryptoanarchists' Answer to Cash, IEEE Spectrum, June 2012.
The reading assignment for Wednesday is now finalized.
- Excerpt from Orin Kerr, The Problem of Perspective in Internet Law, 91 Geo. L.J. 357 (2003).
- There and Back Again: A Packet's Tale, http://worldsciencefestival.com/videos/there_and_back_again_a_packets_tale (watch the video)
- Russ Smith, IP Address: Your Internet Identity, March 29, 1997, http://www.ntia.doc.gov/legacy/ntiahome/privacy/files/smith.htm
- 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, http://www.nytimes.com/2012/11/18/technology/your-online-attention-bought-in-an-instant-by-advertisers.html?pagewanted=all
- Technology Primers/Demos. For each of the following, visit the links and skim the text for each. You do not need to read this for deep comprehension:
- Excerpt from Paul Ohm, The Rise and Fall of Invasive ISP Surveillance, 2009 U. Ill. L. Rev. 1417 (2009) PDF RTF
- Renee McDonald Hutchins, Tied up in Knotts? GPS Technology and the 4th Amendment, 55 UCLA L. REV. 409 (2007). (excerpt 409-421)
- Tell-All Telephone, Zeit Online, Aug. 31, 2009.
- Brian X. Chen, iPhone Tracks Your Every Move, and There's a Map for That, Wired.com, April 20, 2011.
- John Brownlee, This Creepy App Isn't Just Stalking Women Without Your Knowledge, It's a Wake-Up Call About Facebook Privacy, CultofMac.com, March 30, 2012.
- Mat Honan, How Trusting in Vice Led to John McAfee's Downfall, Wired.com, Dec. 6, 2012.
- Excerpt from Derek Bambauer, Privacy Versus Security, 103 J. Crim. L. & Criminology 667 (2013).
- Computer Security 101:
- The Target Breach and reactions:
- FTC v. Wyndham
- FTC, Press Release: FTC Files Complaint Against Wyndham Hotels For Failure to Protect Consumers' Personal Information, June 26, 2012.
- Kelsey Finch, FTC v. Wyndham: Round One, IAPP Privacy Advisor, Nov. 18, 2013.
- Optional reading: Commentary about the FTC's approach to privacy law written by one of our conference speakers: James Cooper, Identity theft, not big data, should be at the top of the FTC's priority list, The Daily Caller, Sept. 24, 2013.
- Data Breach Notification Law
- Other Related Topics
Other Class Materials