Internet Privacy and the Law

Keeping personal information out of unwanted hands and protecting one’s privacy are necessities in a society that values information above all other things. In fact, privacy is so important that the Supreme Court has found it to be protected by a number of different Amendments. How this “penumbra right” applies to internet users and the dissemination of their private information is an area of much discussion and debate. This summary introduces the tools used to invade “internet privacy” and briefly explains issues concerning the individual.

The tools used to gather personal information are common buzz-words among computer savvy individuals. Familiar tools include “spyware”, “phishing,” and “cookies.” Spyware is computer software that collects personal information about users without their informed consent. Spyware is particularly menacing because it is used not only by advertisers, but also by criminals for password theft. Phishing is an attempt to fraudulently acquire personal information by impersonating a trustworthy site, such as Ebay or Paypal. Finally, cookies are bits of information stored on the individual’s computer that can permit information to be retrieved by websites.

The basic issue in internet privacy is the extent to which personal information may be gathered from an individual’s internet activity and assembled to create a detailed snapshot of the individual, and the extent to which the individual should be informed about the process. These privacy rights, concerning protection from the unauthorized distribution of personal information, are not well defined under current law. Former Federal Trade Commission Chairman (FTC) Robert Pitofsky has asked Congress for laws increasing internet users’ control over personal data collected, but so far no bill has been passed. According to a 2000 report by the FTC, matters concerning consumer privacy protection are best governed by core “Fair Information Practices” principles that have been in the discourse of the privacy debate for over twenty years. These principles are as follow: notice, choice, access, and security.

In the end, avoiding unwanted gathering of personal information is less a legal problem and more of a technological one. Individuals should employ software that provides privacy protection rather than relying on privacy laws. Careless internet surfing without such technological protection leaves one open to the powerful tools of commercial marketing and creative criminals.

*Information in this introduction came from a variety of sources included in the bibliography. I used the ATLAS system and Google to find these sources.

Annotations:

Books/Treatises

1) KEVIN J. CONNOLLY, LAW OF INTERNET SECURITY AND PRIVACY (2004).

This book is a legal guide to Internet security issues. It provides an in-depth look at topics such as network security, client-side security and privacy, and server-side security and privacy. The first chapter of this book provides a wealth of information about the evolution of privacy and security of communications. This book is a good place to gather an understanding of general issues.

2) KATHY BOWREY, LAW AND INTERNET CULTURES (2005).

As portrayed by the title, Law and Internet Cultures provides insight into internet cultures. This book defines global internet communities and describes how these communities intertwine with everyday internet users. This book is helpful because it places internet privacy in the context of the global internet community. It gives the reader an idea about the limitless boundaries and ways that privacy could be invaded by savvy operators. This book does not directly apply business law concepts, but it is still useful information.

3) JONATHAN ROSENOER, CYBERLAW: THE LAW OF THE INTERNET (1996).

If a reader needs a general book of issues in the overarching category of cyberlaw, this book is the place to look. The book has several detailed chapters covering topics such as copyrights, trademarks, defamation, duty of care, criminal liability, electronic contracts, and digital signatures. Chapter four is dedicated specifically to internet privacy issues. Chapter four describes the origins of privacy and details several pieces of federal legislation that pertain directly to internet privacy. Although this book is over ten years old, it could still be very useful to gain insight into any of the aforementioned areas.

4) KIMBERLY KIEFER, STEPHEN WU, BEN WILSON, AND RANDY SABETT, INFORMATION SECURITY: A LEGAL, BUSINESS, AND TECHNICAL HANDBOOK (2004).

This book was developed by the Information Security Committee (ISC) of the American Bar Association Section of Science and Technology Law. It is directly applicable to issues that directors, managers, and other business persons face in the realm of information and security law. The book will guide the reader through topics ranging from the importance of information security to responding to security incidents. The book also provides a concise look at federal legislation applicable to internet privacy and security. The book is unique because it provides a guide of standards, best practices, and guidelines used by organizations.

5) ANDREW FRACKMAN AND REBECCA MARTIN, INTERNET AND ONLINE PRIVACY (2002).

The book claims to be a great introductory guide for business persons and lawyers who are lost in the world of privacy law. In contrast to the other sources listed above, this source is about the online collection and use of personal data by non-governmental parties. The book provides a good look at the niche of personal data collection. It provides direct examples of the way online advertisers and profilers mine data from unsuspecting individuals. The book also examines and explains the “Fair Information Act” principles outlined in my introduction to privacy on the internet. This book is highly relevant to internet privacy law.

6) DOUG ISENBERG, THE GIGALAW GUIDE TO INTERNET LAW: THE ONE-STOP LEGAL RESOURCE FOR CONDUCTING BUSINESS ONLINE (2002).

The information in this book is very similar to the other broadly issued books. The one advantage of this book is that it is geared toward and individual who wants to understand how internet law affect his business. Another helpful thing about this book is that it gives instructions on how to build a legal internet presence. The book has one section applicable directly to internet privacy. This subject is treated as one of several important areas in developing an online presence. The book explains the role of website privacy policies and the legal issues that may confront such a website.

Websites

7) Net Attorney available at: http://www.netatty.com/privacy/privacy.html#intro

Net Attorney is a good website that is laid out in a table of contents type format. It addresses internet privacy on a broad range of topics. These topics include copyrights, domain names, fraud, spam, trademarks, and adult websites. The website also provides a historical summary of privacy. Like many of the books listed above, the website is good to gain a general understanding of internet privacy.

8) Net Litigation available at: http://www.netlitigation.com/netlitigation/privacy.htm

Net Litigation reports about law suits which arise out of internet use. This site has a variety of topics in internet related litigation. Under the “privacy” section, the site provides a general overview of internet privacy. This overview is followed by several cases relevant to the topic. The cases are briefed and are easy to follow. At a bare minimum, this site will provide you with the proper citation to find the entire opinions. The cases listed on the website are fairly dated, the most recent opinion was from 2001.

9) Electronic Privacy Information Center available at: http://www.epic.org/

EPIC provides several useful tools such as current news and a docket tracker. EPIC is a public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. EPIC has no clients, no customers, and no shareholders. Thus, it appears to be an uninfluenced opinion. Of all the internet privacy resources, this may be the best one.

10) Wikipedia available at: http://www.wikipedia.org/

Wikipedia is a good site because it gives general information and also provides links to several other useful sites. Searching Wikipedia for “internet privacy” results in a wealth of information concerning the topic. Though this site may not always provide the most reliable information, it is a good place to get started.