This is the webpage for a class from the PAST that has ALREADY ENDED. Current class information is available here.

Information Privacy Seminar

Fall 2010

University of Colorado Law School

Professor Paul Ohm

CLASS UPDATES

9/26/10: On Monday, October 4, for our sixth class meeting, we will meet in the ATLAS Building, Room 105. The building is located in the heart of the campus, not far from the UMC, Norlin Library, and the Euclid parking garage. Maps (including an odd one that omits both Wolf and Fleming) are available at the ATLAS website. That page also shows floorplans for the building, and Room 105 is shown in pink on the "Ground Floor" plan. The walk from the law school takes fifteen to twenty minutes. If you drive and park in Euclid, you will NOT be reimbursed. Class will begin promptly at 2:30 PM, but I will understand if you are late. I will probably stay over past our usual 4:10 PM quitting time, for those who want to explore the computers more.
9/6/10: Because I won't be available to meet with you to talk about your paper topics next week, I am giving you three additional days to choose a topic. You must notify me of your topic no later than 5pm, on Thursday, September 23, 2010.
8/17/10: Posted class website.

Course Syllabus

pdf

MS Word

We will be using one book in our class, Daniel Solove & Paul Schwartz, Privacy, Information, and Technology (Aspen 2009) (ISBN 978-0735579101). Copies are available in the law school bookstore.

For the first class, please get the book and read pages 1-2, 10-27, and 39-69.

Supplemental Reading

Week 2: August 30, 2010: In addition to the pages assigned in the textbook (3-10; 28-31), read:
- Jeffrey Rosen, The Web Means the End of Forgetting, New York Times Magazine, July 21, 2010.
- Excerpt from Viktor Mayer-Schoenberger, Delete: The End Of Forgetting In The Digital Age (2009).
- New York Times Q&A with Paul Ohm and Michael Fertik, Answers to Questions about Internet Privacy, Part I and Part II (July 2010).
- Excerpt from Lior Strahilevitz, How's My Driving? for Everyone (and Everything?), 81 N.Y.U. L. REV. 1699 (2006).
- Excerpt from Dan Solove, The Future Of Reputation: Gossip, Rumor, And Privacy On The Internet (2007).
Week 3: September 13, 2010: Please read:
- Do not read the pages from the textbook assigned on the syllabus (31-38). I will reassign those for another class.
- N.Y. Times Infographic, Facebook Privacy: A Bewildering Tangle of Options, May 12, 2010, http://www.nytimes.com/interactive/2010/05/12/business/facebook-privacy.html.
- Mark Zuckerberg, Making Control Simple, THE FACEBOOK BLOG, May 26, 2010, http://blog.facebook.com/blog.php?post=391922327130.
- Excerpt from LAWRENCE LESSIG, CODE: AND OTHER LAWS OF CYBERSPACE, VERSION 2.0 (2006).
- Excerpt from Julie Cohen, Examined Lives: Informational Privacy and the Subject as Object, 52 STAN. L. REV. 1373, 1422. (2000) (also available as MS Word formatted file).
- Excerpt from Paul Schwartz, Privacy and Democracy in Cyberspace, 52 VAND. L. REV. 1609 (1999) (also available as MS Word formatted file).
- Alessandro Acquisti, Nudging Privacy: The Behavioral Economics of Personal Information, IEEE SECURITY & PRIVACY (2000), available at http://www.heinz.cmu.edu/~acquisti/papers/acquisti-privacy-nudging.pdf.
- Ed Felten, It can be rational to sell your private information cheaply, even if you value privacy, Freedom to Tinker blog, Sept. 5, 2008, http://www.freedom-to-tinker.com/blog/felten/it-can-be-rational-sell-your-private-information-cheaply-even-if-you-value-privacy.
Week 4: September 20, 2010: Please read:
- The Wall Street Journal has been publishing a series of articles it calls "What They Know" which has done a great job summarizing the state of privacy on the web, while also revealing some never-before-revealed facts. We will read four stories from the series this week:
  - 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.
  - Julia Angwin and Tom McGinty, Sites Feed Personal Data Details to New Tracking Industry, WALL ST. J., July 30, 2010, available at http://online.wsj.com/article/SB10001424052748703977004575393173432219064.html.
  - Jim Harper, It's Modern Trade: Web Users Get as Much as They Give, Aug. 7, 2010, available at http://online.wsj.com/article/SB10001424052748703748904575411530096840958.html
  - Nicholas Carr, Tracking Is an Assault on Liberty, with Real Dangers, Aug. 6, 2010, available at http://online.wsj.com/article/SB10001424052748703748904575411682714389888.html
- Excerpt from Federal Trade Comm'n, Staff Report: Self-Regulatory Principles for Online Behavioral Adversiting: Tracking, Targeting, and Technology pages 45-47, "IV. Revised Principles"(February 2009).
- Excerpt from Paul Ohm, The Rise and Fall of Invasive ISP Surveillance, 2009 U. ILLINOIS LAW REVIEW 1417 (also available as MS Word formatted file).
- Excerpt from William McGeveran, Disclosure, Endorsement, and Identity in Social Marketing, 2009 U. Illinois L. Rev. 1105 (also available as MS Word formatted file).
Week 5: September 27, 2010: Please read:
- Mattathias Schwartz, The Trolls Among Us, N.Y. TIMES MAG. at MM24, Aug. 3, 2008, available at http://www.nytimes.com/2008/08/03/magazine/03trolls-t.html
- Excerpt from Danielle Citron, Cyber Civil Rights, 89 BOSTON L. REV. 61 (2009) (also available as MS Word formatted file).
- Excerpt from Dendrite International v. Doe, 775 A.2d 756 (N.J. App. Div. 2001) (also available as MS Word formatted file).
- Electronic Frontier Foundation, Google Book Search Settlement and Reader Privacy, July 2009, http://www.eff.org/issues/privacy/google-book-search-settlement.
- Excerpt from Neil Richards, Intellectual Privacy, 87 TEX. L. REV. 387 (2008) (also available as MS Word formatted file).
Week 6: October 4, 2010: Lab Class (Directions and maps linked above under "CLASS UPDATES". For class, read the following:
- Cisco, A Beginner's Guide to Network Security (if trouble downloading, try this link instead.)
- Chapter 16: Other Vulnerabilities (Spam, Cookies, Pop-Ups, Spyware, and Scams) (if trouble downloading, try this link instead.)
Week 7: October 11, 2010: First, please read these explanations about this week's reading. Then, please read:
- Read this first and most closely: 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).
- Then, in the textbook, read: Solove & Schwartz, pages 361 . 383; 433-36; and 470-73.
- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (EU Data Protection Directive).
- California Civil Code Section 1798.82 (Commonly called either the California Data Breach Notification Law or SB 1386).
- 201 Code of Massachusetts Regulations 17.00 (Massachusetts Data Protection Regulations).
Week 8: October 18, 2010: For class, read the following:
- Solove and Schwartz 77-85; 158-68.
- Excerpt from Orin Kerr, Searches and Seizures in a Digital World, 119 HARV. L. REV. 531 (2005). (also available as MS Word formatted file).
- Excerpt from United States v. Comprehensive Drug Testing, --- F.3d --- (9th Cir. Sept. 13, 2010) (en banc) (amended opinion) (also available as MS Word formatted file).
- Excerpt from United States v. Arnold, 523 F.3d 941, 946 (9th Cir. 2008).(also available as MS Word formatted file).
Week 9: November 1, 2010: For class, read the following:
- Solove and Schwartz 85-113, 138-49, 153-56, 170-71 (Note 2 only), 182-88 (IP Addresses and URLs)
- Charlie Savage, U.S. Tries to Make it Easier to Wiretap the Internet, New York Times, Sept. 27, 2010
- Brief of Amici Curiae Law Professors and Instructors Supporting Appellee's Petition for Hearing or Hearing En Banc, Rehberg v. Paulk (10th Cir. May 24, 2010).
Week 10: November 8, 2010: For class, read the following:
- Solove and Schwartz, 120-138
- Ryan Singel, Google Latitude to Cops: I Don't Remember, WIRED EPICENTER BLOG, March 5, 2009, http://www.wired.com/epicenter/2009/03/googles-latitud/
- Justin Scheck, Stalkers Exploit Cellphone GPS, WALL ST. J., Aug. 3, 2010, available at http://online.wsj.com/article/SB10001424052748703467304575383522318244234.html.
- United States v. Garcia, 474 F.3d 994 (7th Cir. 2007)
- United States v. Maynard, -- F.3d -- (D.C. Cir. 2010) (to be posted by 11/3).(also available as MS Word formatted file).
- In The Matter Of The Application Of The United States Of America For An Order Directing A Provider Of Electronic Communication Service To Disclose Records To The Government, -- F.3d -- (3d Cir. 2010) (to be posted by 11/3).(also available as MS Word formatted file).
Week 11: November 15, 2010: For class, read the following:
- Solove and Schwartz, 243-64.
- Excerpt from Mohammed v. Jeppesen Dataplan, 614 F.3d 1070 (9th Cir. Sept. 8, 2010) (en banc)(also available as a MS Word formatted file.
- Public Information: Cause for Celebration or Concern?, People & Science (March 2010) (debate between two british professors about new government data sharing initiative.
- Eben Harrell, TIME Interview: Wikileaks. Assange Defends Site.s Mission, Time.com, July 27, 2010, http://www.time.com/time/world/article/0,8599,2006789,00.html
- Farhad Manjoo, The Wikileaks Paradox: Is radical transparency compatible with total anonymity?, Slate, July 28, 2010, http://www.slate.com/id/2262066/
- Reporters without borders, Open Letter to Wikipedia Founder Julian Assange, http://en.rsf.org/united-states-open-letter-to-wikileaks-founder-12-08-2010,38130.html
Here is some optional further reading for those of you unfamiliar with and/or interested in learning more about wikileaks:
- Wikileaks. 10 Greatest Stories: http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/8070253/Wikileaks-10-greatest-stories.html
- Raffi Khatchadourian, No Secrets: Julian Assange.s Mission for Total Transparency, New Yorker, June 7, 2010, available at http://www.newyorker.com/reporting/2010/06/07/100607fa_fact_khatchadourian
- Victor Davis Hanson, Wikileaks. Selective Morality, National Review Online, September 26, 2010, available at http://www.nationalreview.com/articles/250948/wikileaks-selective-morality-victor-davis-hanson
Week 12: November 29, 2010: To celebrate the end of the term, we will be meeting at Beau Jo's Pizza, across the street from the law school, at our usual meeting time. At Beau Joe's we will be discussing one reading, a filing I submitted to the FTC earlier this year. You can skip the "Legal Appendix," found on pages 10-12. After you read this, if you want to learn (a lot) more about reidentification, you can read the entire article on which this is based (optional reading only).
Don't forget that you must post two questions relating to the upcoming privacy and the press conference to the class blog by Thursday, November 2nd.

Other Class Materials

None.