Information Privacy Law
(LAWJ-342-07)
Georgetown University Law Center

Prof. Marc Rotenberg
Spring 2013

(Version: April 17, 2013)

DESCRIPTION

This course examines "information privacy," an individual's right to control his or her personal information held by others. The aim of the course is to understand how courts and Congress seek to protect information privacy as new technologies and new institutional practices emerge. The course traces the origins of the right to information privacy in American law through Constitutional law, tort law, and modern statutory law. Case studies of landmark privacy legislation illustrate how expectations of privacy are translated into legal frameworks. The course looks at recent controversies involving domestic surveillance, identification systems, social networking sites, video surveillance, DNA databases, and airport body scanners. The course also considers the impact of the European privacy directive, the growth of the Internet, and the availability of cryptography and other Privacy Enhancing Technologies on the future of privacy law in the United States. See http://www.epic.org/misc/gulc/.

A NOTE ABOUT THE 2013 SEMINAR

Privacy is a fascinating and rapidly changing field. We study published court cases, but we look at current developments in Congress, at the Federal Trade Commission, and around the world. The syllabus for 2013 treats the Casebook and the Sourcebook as the foundation for our work. But we will frequently turn to other sources as the semester progresses. Note also that there are several privacy cases that will be heard by the US Supreme Court this semester, including Maracich v. Spears, 12-24 (Drivers Privacy Protection Act) (Argument Jan. 9) and Maryland v. King (DNA Collection) (Argument Feb. 26). Previously this Term, the Court heard arguments in Clapper v. Amnesty Int'l, 11-1025 (standing to challenge unlawful FISA surveillance), Florida v. Harris, 11-817 ("Whether an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search of a vehicle?"), and Florida v. Jardines, 11-564 ("Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause?"). Because of the timing and significance of Maryland v. King, we will devote one of our early classes to a careful review of that case. Also, in lieu of one class, you should attend a privacy-related Congressional hearing, Supreme Court argument, or conference event. More details below.

LOGISTICS

Information Privacy Law meets WEDNESDAY evenings, 5:45 to 7:45 in Hotung2000. Information Privacy Law is a two-credit seminar. The exam is scheduled for May 9, 2013. There is a paper option. I am happy to discuss topics and to review drafts. To contact me, send email to rotenberg@epic.org or call 202-483-1140x106. NOTE: You will need to notify the Registrar by March 16, 2013 if you intend to write a paper. Please send a note to lawreg@law.georgetown.edu and cc me at rotenberg@epic.org

A NOTE ABOUT FACEBOOK (revised, revised)

There is a Facebook group for this class - "GULC Information Privacy Law 2013." General privacy news stories are posted to the group. It is not necessary to subscribe.

UPDATES (Mar. 13, 2013)

There will be class on Wednesday, March 20. The practicum assignment is in place of the class that did not take place on January 23. For that class, attend one of the following events and prepare a five-page paper that summarizes the issue before Congress or the court and what you expect the outcome to be. (Okay to watch on C-Span or listen to the cybercast)

NEWS ITEMS (as of Mar. 27, 2013)

READING

The main text for this class is Anita L. Allen, Privacy Law and Society, Second Edition.

WHAT'S IMPORTANT

Here are ten concepts you should understand after taking this class:

A NOTE ON READING ASSIGNMENTS - This is the current syllabus as of January 17, 2012. We may adjust the readings somewhat based on the availability of speakers and current developments. All pages refer to the casebook Privacy Law and Society unless otherwise indicated.

Week 1 (Jan 16) Introduction to Privacy Law

Administration Reading
Week 2 (Jan 30) Common Law: The Privacy Torts
Reading
Week 3 (Feb 6) Privacy, the First Amendment, Anonymity and Sensitive Data
Reading
Week 4 (Feb 13) Privacy and the Fourth Amendment
Reading
No classes (Feb 20) Faculty retreat

Week 5 (Feb 27) Supreme Court: Maryland v. King, No. 12-207 (DNA collection)
Reading
No class (Mar 6) Spring break

Week 6 (Mar 13) Wiretap Law
Reading
Week 7 (Mar 20) Privacy by Statute I: Government Databases
Reading
Week 8 (Mar 27) Privacy by Statute II: Private Sector Databases
Reading
Week 9 (Apr 3) The Role of the Federal Trade Commission
Reading
Week 10 (Apr 10) Int'l Privacy Law I: Classic Frameworks
Reading
Week 11 (Apr 17) Int'l Privacy Law II: Emerging Law and Institutions / Technology and Privacy
Topics
Special Guest: Jeff Jonas, IBM Fellow; Chief Scientist, IBM Entity Analytics

References
Week 12 (Apr 24) Event Data Recorders and Privacy
Reading

Special Guest: Khaliah Barnes, Administrative Law Counsel, EPIC