This is the webpage for a class from the PAST that
has ALREADY ENDED. Current class information is available here
- 1/10/2012: Instructions for submitting your final paper/project:
- Your papers/projects are due Friday, January 18, 2013, by 11:59 PM.
- Send them to me via email at firstname.lastname@example.org.
- I will send you a confirmation of receipt, no later that Saturday at 9:00 AM.
- 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.
- 1/8/2012: Readings for Wednesday and Thursday now posted and complete. Syllabus posted.
- 1/4/2012: Readings for Monday and Tuesday now posted and complete.
- 12/30/2012: Posted first set of readings for first class. NOT THE FINAL LIST. PLEASE CHECK BACK.
- 12/28/2012: Posted class website.
What you should know about this class
- This class will be held during wintersession, the one week period immediately preceding the spring semester 2013. Traditionally, wintersession offerings have been limited to trial advocacy, but 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 a computer lab in the ATLAS building (near the center of campus, not far from the UMC), and every student will receive hands-on experience with some of the technologies we will study.
- Third, every student in the class is required to attend a full day conference, scheduled for Friday, January 11th. The conference is scheduled to run from 9:15 AM to 5:00 PM. Details and full agenda are posted online.
- This course is offered for a grade. Your grade will be assessed based on a combination of all of the following:
- UPDATE: THE IN-WEEK PAPER IS NO LONGER ASSIGNED. SEE THE COURSE SYLLABUS FOR MORE DETAILS. An in-week paper, assigned Monday and due Friday night. You will be asked to write a policy brief on a given technology/privacy topic. Final details are being worked out, but expect this to run four to six pages in length.
- A final paper or project, due one week after the class ends, Friday, January 18th. Those choosing the paper option will write an approximately ten page paper discussing an evolving technology and how it is putting pressure on the law. Those choosing the project option will create a computer program or information visualization.
- In-class participation
- Attendance and willingness to participate in the January 11th 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.
Readings for the first class follow. As of 5:30pm on Wednesday, January 2nd, the Monday reading list is now complete.
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)
- Excerpt from Michael Froomkin, The Metaphor is the Key: Cryptography, the Clipper Chip, and the Constitution, 143 U. Penn. L. Rev. 709 (1995) (also available as rtf).
- 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.
As of 2pm on Friday, January 4th, the reading for Tuesday is complete.
- 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, http://online.wsj.com/article/SB10001424052748703940904575395073512989404.html
- Emily Steel, A Web Pioneer Profiles Users by Name, Wall St. J., Oct. 24, 2010, http://online.wsj.com/article/SB10001424052702304410504575560243259416072.html
- 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
- 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
- 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
- Excerpt from Omer Tene and Jules Polonetsky, To Track or "Do Not Track" . . ., Minn. J.L. Sci. & Tech. PDF RTF
As of 9am on Monday, January 7th, the reading for Wednesday is complete.
- Renee McDonald Hutchins, Tied up in Knotts? GPS Technology and the 4th Amendment, 55 UCLA L. REV. 409 (2007). (excerpt 409-421)
- Matt Blaze, Testimony to House Committee on the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, Hearing on ECPA Reform and the Revolution in Location Based Technologies and Services, June 24, 2010.
- 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.
- US v Karo, 468 U.S. 705 (1984).
- Jesse Koehler, US v Jones Decided?, Berkeley Technology Law Review blog, March 5, 2012.
- Governance Strategies for Information Privacy
- Ira Rubenstein and Nathan Good,Privacy by Design: A Counterfactual Analysis of Google and Facebook Privacy Incidents, Berkeley Technology Law Journal (2012). (read 1-31)(stop before "Designing for Privacy: A UX Approach")
- Kenneth Bamberger and Deirdre Mulligan, Privacy on the Books and on the Ground, Future of Privacy Forum Privacy Papers for Policy Makers series (2010). (read 1-3)
- Eric Goldman, A Coasean Analysis of Marketing, Wisconsin Law Review (2006). (read 1152-1202, focus on sections I, IV, V; skim parts II and III)
- Consumer Data Privacy in a Networked World, White House White Paper (Feb 2012). (read exec summary, 23-29, 35-39).
- Do Not Track
- Do Not Track
- Review Verge article from Tuesday's reading
- Review Omer Tene and Jules Polonetsky, to Track or "Do Not Track", Minn. J.L. Sci. & Tech. from Tuesday's reading
- Jonathan Mayer,The Trouble with ID Cookies: Why Do Not Track Must Mean Do Not Collect
- CDD, US Ad Lobby Tries to Hijack Do Not Track, October 6, 2012, http://www.democraticmedia.org/us-ad-lobby-tries-hijack-do-not-track
- Mike Zaneis, Interactive Advertising Bureau, IAB's Comments - Preliminary FTC Staff Report on Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, http://ftc.gov/os/comments/privacyreportframework/00388-58037.pdf (skip attachments)
- DAA Statement on DNT Browser Settings, http://www.businesswire.com/news/home/20121009005980/en/DAA-Statement-DNT-Browser-Settings
- Brendon Lynch, Advancing Consumer Trust and Privacy: Internet Explorer in Windows 8, Microsoft on the Issues Blog, May 2012
- DAA Statement on DNT Browser Settings, October 2012
- Excerpts from the W3C Tracking Protection group, Editor's Draft, "Tracking Compliance and Scope". Read only the following sections:
- Section 2: Scope and Goals
- Section 6.1: Permitted Operational Uses for Third Parties and Service Providers
- Section 6.4: Disregarding Non-Compliant User Agents
Other Class Materials