BLOGS | OTHER ONLINE RESOURCES | PRIVACY ORGANIZATIONS AND EMPLOYERS | STATUTES | STATE LAW MATERIALS

INTERNATIONAL PRIVACY LAW MATERIALS | GOVERNMENT REPORTS & MANUALS | IDEAS FOR PAPER TOPICS

RECOMMENDED SUPPLEMENTAL READING

BLOGS

1. GENERAL PRIVACY LAW


Concurring Opinions

Contains extensive posts by Daniel Solove and others about current privacy cases, statutes, and news articles covering a wide range of privacy law issues.

Privacy and Security Law Blog

Contains interesting posts about current privacy law issues.

beSpacific

Contains daily updates to law, technology, and privacy news.

Emergent Chaos

Adam Shostack discusses privacy and information technology issues.  

Pogo Was Right

Contains an extensive collection of links to each day's privacy news articles.   

Info/Law

Law professors William McGeveran, Derek Bambauer, and Tim Armstrong discuss information law issues.

Chronicle of Data Protection

Lawyers at Hogan Lovells, including Christopher Wolf, blog about the latest information privacy issues.

Privacy & Security Source

Lawyers at Foley & Lardner, including Andrew Serwin, blog about the latest information privacy issues.

Future of Privacy Forum Blog

Blog about privacy by the Future of Privacy Forum, a think tank exploring responsible business privacy practices.


2. CONSUMER PRIVACY


Consumer Blog (US-PIRG)

Ed Mierzwinski discusses data security, consumer privacy, financial privacy, and the credit reporting system. 

Credit Slips

A group of law professors discuss the credit system and bankruptcy issues. 

Consumer Law & Policy Blog

A large group of law professors and other experts discuss consumer law issues. 

Goldman's Technology & Marketing Law Blog

Law professor Eric Goldman ( Marquette) on consumer privacy and electronic commerce issues. 

The Red Tape Chronicles

Journalist Bob Sullivan's discussion of consumer privacy and identity theft.


3. DATA SECURITY


Schneier on Security

Security expert Bruce Schneier discusses privacy and security issues.


4. NATIONAL SECURITY


National Security Advisors

Law professors Bobby Chesney, Steve Vladeck, and Tung Yin discuss national security law issues.

Security Dilemmas

Political philosophy professor Seth Weinberger discuss national security issues.

Behind the Homefront

The Reporters Committee for Freedom of the Press chronicles "news in homeland security and military operations affecting newsgathering, access to information and the public's right to know."


5. MEDICAL PRIVACY


HIPAA Blog

Contains news and information about HIPAA and health privacy.

 

RECOMMENDED READING

RECOMMENDED FOR SUPPLEMENTAL CLASS READING

Daniel J. Solove & Paul M. Schwartz, Privacy Law Fundamentals (2011)

A distilled guide to the essential elements of privacy law. Concise and handy -- a useful study companion to the course and a great reference guide for the practitioner..

Daniel J. Solove, Understanding Privacy (2008)

Provides an overview of different theories regarding the definition and value of privacy. Develops a theory of privacy and discusses contemporary issues and US and foreign privacy law and policy.

Daniel J. Solove, The Future of Reputation (2007)

Discusses Internet gossip, social network websites, and free speech, with plenty of concrete examples. Available free online.

Richard Posner, Not a Suicide Pact (2006)

A short provocative argument that privacy and civil liberties must be limited in the interest of national security.

Robert O'Harrow, No Place to Hide (2005)

Fascinating and extremely engaging inside account of the businesses that engage in data mining and how these companies are increasingly carrying out intelligence functions for the government.

Daniel J. Solove, The Digital Person: Technology And Privacy In The Information Age (2004)

Examines the rise of digital dossiers, and proposes legal solutions for regulating information privacy. Discusses identity theft, government data gathering and public records. Available free online.

Samuel Dash, The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft (2004)

Excellent very accessible history of the Fourth Amendment.

Jeffrey Rosen, The Naked Crowd : Reclaiming Security and Freedom in an Anxious Age (2004)

A wonderful sociological account of fear, security, and liberty in times of crisis.

Bob Sullivan, Your Evil Twin: Behind the Identity Theft Epidemic (2004)

An engaging and highly readable account of how and why identity theft happens, as well as the harms it causes to victims.


RECOMMENDED FOR GENERAL READING


2005-Present

Daniel J. Solove, Understanding Privacy (2008)

"This is the most thorough and persuasive conceptualization of privacy written to date." -- Professor Peter Swire

William Cuddihy, The Fourth Amendment: Origins and Original Meaning 602-1791 (2008)

The best and most comprehensive intellectual history of the Fourth Amendment ever written.

Colin J. Bennett, The Privacy Advocates: Resisting the Spread of Surveillance (2008)

A very informative account of those who work in the privacy advocacy community..

Laura Donohue, The Cost of Counterterrorism: Power, Politics, and Liberty (2008)

A detailed and compelling history of how 9/11 altered privacy and surveillance in the US and UK.

John Palfrey, Born Digital: Understanding the First Generation (2008)

A deft and accessible account of how the generation growing up today will face increasing challenges to their privacy.

Jon Mills, Privacy: The Lost Right (2008)

Provides a clear, concise, and accessible synthesis of the field of information privacy.

Mohammad Hashim Kamali, The Right to Life, Security, Privacy and Ownership in Islam (2008)

A very interesting exploration of privacy in Islamic law.

Anupam Chander, Lauren Gelman, and Margaret Jane Radin (editors), Securing Privacy in the Internet Age (2008)

An interesting selection of essays about information privacy.

Sam Gosling, Snoop: What Your Stuff Says About You (2008)

A fascinating discussion of current psychological research about what the products we buy reveal about us.

Daniel J. Solove, The Future of Reputation (2007)

"This is the most thorough and persuasive conceptualization of privacy written to date." -- Professor Peter Swire

Lawrence M. Friedman, Guarding Life's Dark Secrets (2007)

An fascinating history of privacy, gossip, and defamation.

Christopher Slobogin, Privacy at Risk: The New Government Surveillance and the Fourth Amendment (2007)

A comprehensive and sophisticated vision for how to reinvigorate the Fourth Amendment.

Eric A. Posner & Adrian Vermeule, Terror in the Balance (2006)

A provocative defense of strong Executive Branch national security surveillance and other measures.

Andrew E. Taslitz, Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868 (2006)

A fascinating historical account of the early days of the Fourth Amendment.

Christopher Wolf, editor, Proskauer on Privacy (2006)

An excellent treatise on the law of privacy.

Richard Posner, Not a Suicide Pact (2006)

A short provocative argument that privacy and civil liberties must be limited in the interest of national security.

Bruce Schneier, Beyond Fear (2006)

A wise and thoughtful examination of how to sensibly promote security without unduly sacrificing liberty.

Jacqueline Klosek, War on Privacy (2006)

An interesting discussion of how nations from around the world recalibrated their law's balance between privacy and security following 9/11. 

Robert O'Harrow, No Place to Hide (2005)

Fascinating and extremely engaging inside account of the businesses that engage in data mining and how these companies are increasingly carrying out intelligence functions for the government.


2000-2004

Daniel J. Solove, The Digital Person: Technology And Privacy In The Information Age (2004)

"A fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age." -- Bruce Schneier

Samuel Dash, The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft (2004)

Excellent very accessible history of the Fourth Amendment.

Bruce Schneier, Secrets and Lies: Digital Security in a Networked World (2004)

An illuminating and wise discussion of information security.

Jeffrey Rosen, The Naked Crowd : Reclaiming Security and Freedom in an Anxious Age (2004)

A wonderful sociological account of fear, security, and liberty in times of crisis.

Bob Sullivan, Your Evil Twin: Behind the Identity Theft Epidemic (2004)

An engaging and highly readable account of how and why identity theft happens, as well as the harms it causes to victims.

Electronic Privacy Information Center & Privacy International, Privacy and Human Rights (2004)

An extremely comprehensive survey of the privacy laws of nearly every nation in the world. 

Colin Bennett & Charles Raab, The Governance of Privacy (2003)

A very thoughtful overview of the political landscape of privacy policy around the world. 

Frederick Lane, The Naked Employee: How Technology Is Compromising Workplace Privacy (2003)

A very thoughtful overview of the political landscape of privacy policy around the world. 

Graeme Laurie, Genetic Privacy (2002)

A thorough and incisive discussion of privacy and genetic information.

John Gilliom, Overseers of the Poor : Surveillance, Resistance, and the Limits of Privacy (2001)

A fascinating account of the way that the welfare system exerts bureaucratic control over people’s lives and how people experience the limits the system imposes on their privacy.

 

Simson Garfinkel, Database Nation : The Death of Privacy in the 21st Century (2001)

Describes with great detail a litany of new technologies that are posing problems for privacy.

Jeffrey Rosen, The Unwanted Gaze : The Destruction of Privacy in America (2000)

A very interesting and highly readable discussion of privacy.

Robert Ellis Smith, Ben Franklin's Web Site: Privacy and Curiosity from Plymouth Rock to the Internet (2000)

A superb history of privacy law, filled with fascinating stories and details. Very readable and very informative.


1990-1999

Whitfield Diffie & Susan Landau, Privacy on the Line: The Politics of Wiretapping and Encryption (1999)

A thorough and thought-provoking discussion of wiretapping and electronic surveillance. Terrific coverage of the historical, technological, and legal dimensions.

Amitai Etzioni, The Limits of Privacy (1999)

Etzioni applies his communitarian theory to privacy, producing a provocative discussion about when privacy rights should yield to societal interests. 

Philip Agre & Marc Rotenberg, editors, Technology and Privacy: The New Landscape (1998)

A terrific compilation of essays about privacy and technology.

Philippe Aries, editor, History of Private Life: Vols. 1-5 (1997-1994)

The best intellectual history of privacy, from ancient to modern times.  Although the series spans five volumes, it is highly readable and contains numerous illustrations of art and historical artifacts.

Mark A. Rothstein, editor, Genetic Secrets (1997)

A good set of essays by an interdisciplinary group of scholars on genetic privacy. 

Judith Wagner DeCew, In Pursuit of Privacy (1997)

A concise and intelligent philosophical discussion of privacy.  Includes a good overview of other philosophical accounts of privacy. 

Ellen Alderman & Caroline Kennedy, The Right to Privacy (1997)

A highly readable account of various privacy cases. Discusses cases as individual stories, and provides interesting background about the people involved and how the cases affected their lives.

Priscilla M. Regan, Legislating Privacy: Technology, Social Values, and Public Policy (1995)

The best discussion of how and why Congress has passed certain privacy laws. Far from dull, the legislative process is fascinating, and this book is extremely illuminating and interesting.

H. Jeff Smith, Managing Privacy: Information Technology and Corporate America (1994)

An insightful examination of how various institutions and businesses formulate their privacy policies.

Steven L. Nock, The Costs of Privacy (1992)

A very insightful and thought-provoking account of how the increasing mobility and impersonal nature of modern life leads to increased surveillance in order to assess people's reputations.   

Colin J. Bennett, Regulating Privacy (1992)

A superb discussion of the political dimensions of privacy law in many countries. 

David H. Flaherty, Protecting Privacy in Surveillance Societies (1992)

A great chronicle of the development of privacy law and policy in Sweden, Canada, France, Germany, and the United States.


1980-1989

Book Cover

 

Anita Allen, Uneasy Access (1988)

A thoughtful and sophisticated discussion of privacy issues, with a focus on how women are affected.

Ferdinand Schoeman, Philosophical Dimensions of Privacy: An Anthology (1984)

Contains a great selection of the classic articles about what privacy is and why it is valuable.

 

Barrington Moore, Jr., Privacy: Studies in Social and Cultural History (1984)

A fascinating anthropological study of privacy, along with an examination of ancient Hebrew, Greek, and Chinese conceptions of privacy.


1960-1979

 

Arthur Miller, The Assault on Privacy (1972)

A classic. Although written over 30 years ago, this book captures the privacy problems that we are facing today in the Information Age.

Don R. Pember, Privacy and the Press; The Law, the Mass Media, and the First Amendment (1972)

A good historical account of the development of the privacy torts, with an extensive discussion of how the torts evolved in each decade following Warren and Brandeis's seminal 1890 article on privacy.

 

David H. Flaherty, Privacy in Colonial New England 1630-1776 (1972)

An insightful historical account of privacy in colonial America.

Alan Westin, Privacy and Freedom (1967)

A classic. Provides a wonderful account of why privacy is worth protecting and the value privacy contributes to individuals as well as to society.

 
 
OTHER ONLINE RESOURCES

1. PRIVACY NEWS UPDATES


Wiley Rein & Fielding, LLC -- Privacy Law Newsletter

This monthly newsletter written by the firm's attorneys contains useful articles about privacy law issues.

Reporters Committee for Freedom of the Press

Contains extensive information about news and cases involving freedom of the press.

Cipher

This newsletter is by the IEEE Computer Society Technical Committee on Security & Privacy.

Crypto-Gram

This newsletter is by data security security expert Bruce Schneier.


2. ACADEMIC RESOURCES


The Economics of Privacy

An extensive bibliography of economics scholarship about privacy maintained by Professor Alessandro Acquisti ( Carnegie Mellon School of Management).


3. TWITTER FEEDS


Below are the Twitter feeds of leading experts in the information privacy law field:

Ryan Calo
Will DeVries
Tanya Forsheit
Michael Geist
Eric Goldman
James Grimmelmann
Woodrow Hartzog
Kashmir Hill
Marcia Hofmann
Chris Hoofnagle
Eddan Katz
Paul Ohm
John Palfrey
Vince Polley
Jules Polonetsky
Ponemon Institute
PrivacyMemes
Tom Smedinghoff
Daniel Solove
Brad Stone
Danny Weitzner
Christopher Wolf
Michael Zimmer


4. OTHER RESOURCES


A Chronology of Data Breaches

A chronological chart by the Privacy Rights Clearinghouse of data security breaches since 2005.

Law, Terrorism, and Homeland Security

An extensive collection of resources on national security issues.

Morrison & Foerster's International Data Privacy Library

Provides links to privacy laws, regulations, reports, multilateral agreements, and government authorities for more than 90 countries around the world, including the United States.

 

PRIVACY ORGANIZATIONS & EMPLOYERS

1. PRIVACY ADVOCACY ORGANIZATIONS


ACLU (privacy and technology webpage)

Center for Democracy & Technology

Electronic Frontier Foundation

Electronic Privacy Information Center

Identity Theft.org

Privacy Activism

Privacy International

Privacy Rights Clearinghouse

US PIRG


2. PRIVACY RESEARCH ORGANIZATIONS AND THINK TANKS


Future of Privacy Forum

Ponemon Institute


3. PRIVACY PROFESSIONAL ASSOCIATIONS


International Association of Privacy Professionals (IAPP)


4. GOVERNMENT AGENCIES


Federal Trade Commission

U.S. DOJ'S Computer Crimes and Intellectual Property Section (CCIPS)

U.S. Department of Homeland Security's Privacy Office


5. INTERNATIONAL ORGANIZATIONS & AGENCIES


European Court of Human Rights (ECHR)

Office of the Privacy Commissioner (Australia)

Office of the Privacy Commissioner (Canada)

Office of the Privacy Commissioner (Hong Kong)

Office of the Privacy Commissioner (New Zealand)

Office of the Information Commissioner (United Kingdom)


6. PRIVACY TRAINING

TeachPrivacy (privacy and data security training by Professor Solove)


 

STATUTES

Freedom of Information Act (1966)

Fair Credit Reporting Act (1970)

Privacy Act (1974)

Family Educational Rights and Privacy Act (1974)

Right to Financial Privacy Act (1978)

Foreign Intelligence Surveillance Act (1978)

Privacy Protection Act (1980)

Cable Communications Policy Act (1984)

Electronic Communications Privacy Act (1986)

Employee Polygraph Protection Act (1988)

Video Privacy Protection Act (1988)

Telephone Consumer Protection Act (1991)

Communications Assistance for Law Enforcement Act (1994)

Driver's Privacy Protection Act (1994)

Health Insurance Portability and Accountability Act (1996)

Children's Online Privacy Protection Act (1998)

Identity Theft Assumption and Deterrence Act (1998)

Gramm-Leach Bliley Act (1999)

USA Patriot Act (2001)

CAN-SPAM Act (2003)

Fair and Accurate Credit Transactions Act (2003)

Video Voyeurism Protection Act (2004)

FTC Act: Unfair and Deceptive Trade Practices

 

STATE LAW MATERIALS

California Office of Privacy Protection's Guide to California Privacy Laws

This website has summaries of California's many laws addressing privacy.

State PIRG Summary of State Data Security Laws

This website has a comprehensive collection of state data breach notification and credit freeze laws.

NCSL -- 50 State Legislative Tracking

This website by the National Conference of State Legislatures has information on laws in all 50 states in various categories.

Health Privacy Project's Report on State Health Privacy Laws

This website provides a summary of the health privacy laws in each state.

Morrison & Foerster's International Data Privacy Library

Provides links to privacy laws, regulations, reports, multilateral agreements, and government authorities for more than 90 countries around the world, including the United States. 

 

INTERNATIONAL PRIVACY LAW MATERIALS

1. GENERAL


OECD Privacy Guidelines (1980)

APEC Privacy Framework (2004)

World LII: Privacy Cases Database

This website contains privacy cases from around the world, translated into English.

Morrison & Foerster's International Data Privacy Library

Provides links to privacy laws, regulations, reports, multilateral agreements, and government authorities for more than 90 countries around the world, including the United States. 


2. AUSTRALIA


Privacy Laws of Australia

This website by the Australian Privacy Foundation has links to numerous Australian privacy laws.

Privacy Act (1988)


3. CANADA


Personal Information Protection and Electronic Documents Act (2000) (PIPEDA)

Privacy Act (1985)


4. EUROPEAN UNION


European Union Data Directive (1995)

European Court of Human Rights (ECHR)


5. JAPAN


Japan Privacy Resource

Contains extensive information about Japanese information privacy laws.

 

GOVERNMENT REPORTS & MANUALS

Church Committee Reports (1975-1976)

HEW, Records, Computers, and the Rights of Citizens (1973) (Fair Information Practices)

DOJ's Searching and Seizing Computers and Obtaining Electronic Evidence Manual (2002)

 

IDEAS FOR PAPER TOPICS

The best way to find paper topics is to read some of the blogs listed above, which often have postings on the latest news relating to information privacy law issues. 

Also recommended: EPIC's privacy topic list

 

 

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