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ITMG381 Cyberlaw: 300 Words and APAFormatText: Ferrera, Reder, Bird, Darrow,Aresty, Klosek & Lichtenstein

Special Topics Collection: Cyberlaw - Text and Cases

Readthe case study on pp. 387-392 of the textbook and answer the followingquestions:
1. The trial court found that Stengart didnot have a legitimate expectation of privacy when sending personal emailsthrough the company's laptop. The appellate court and the Supreme Courtdisagreed. Discuss the reasoning that the higher courts had in reversing thetrial court.
2. What effect would this decision have on acompany when thinking about forming company policy regarding personalcommunication?
Read the case study on pp. 417-419 ofthe textbook and answer the following questions:
3. Would a state antispam statute thatspecifically prohibited pornographic, obscene, terroristic, and fraudulentemailing withstand constitutional scrutiny?  Why or why not?
4. Is spam really so bad?  Why can a businesslawfully send unsolicited traditional mail, or make unsolicited phonecalls (as long as there is no violation of a no-call list) but spammingviolates the law?

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CHAPTER 12 Privacy If everybody minded their own business, the Dutchman said in a hoarse growl, the world would go round a deal faster than it does. Lewis Carroll, Alice s Adventures in Wonderland LEARNING OBJECTIVES After you have read this chapter, you should be able to: Explain the American approach to the regulation of privacy Understand constitutional sources of the right to privacy Discuss common law torts for the invasion of privacy Explore the privacy concerns arising out of online marketing, including online behavioral advertising, unsolicited commercial email and the use of web beacons Explain the key federal laws that regulate privacy including the GLB Act, COPPA, HIPAA, and the Electronic Communications Privacy Act Analyze emerging data security requirements Identify key cases in privacy law Introduction One well-regarded definition of privacy classifies it as the right to be let alone. 1 In a Harvard Law Review article from 1890, Samuel D. Warren and Louis D. Brandeis con- tend: Recent Inventions and business methods call attention to the next step which must be taken for the protection of the person, and for securing to the individual what Judge Cooley calls the right to be let alone. Looking back, it seems that Warren and Brandeis were prophetic. Considering their references to recent inventions and business methods, one can t help but wonder if they could have foreseen a time when the right to be let alone would be increasingly threat- ened by complex online social networks; global positioning systems (GPS) that allow rental car companies, employees and others to track one s location and speed; surveillance cam- eras in public places; massive data aggregation services; and other modern privacy threats. The scope of modern data collection practices is evident in startling clarity in Exhibit 12.1, which depicts a personal data ecosystem flowchart, which was distributed at series of recent workshops on privacy conducted by the Federal Trade Commission (FTC) . 1 Samuel D. Warren and Louis D. Brandeis, The Right to Privacy, 193 Harv. L. Rev. 4 (1890). 363 Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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364 Public Examples: Pharmacies Media Marketers Employers Banks Product & Service Delivery Government Lawyers/ Private Investigators Individuals Data Brokers DATA USERS Credit Bureaus Utility Companies Media Government Agencies Examples: Medical Hospitals Doctors & Nurses Examples: Retail Retail Stores Airlines Credit Card Companies Examples: Social Networking Services Retail & Content Websites Search Engines Internet Examples: Financial & Insurace Stock Companies Insurance Banks Data Collectors (sources) Individual Telecommunications & Mobile Carriers Mobile Providers Cable Companies Examples: Media Archives Websites Information Brokers AFliates List Brokers Catalog Co-ops Ad Networks & Analytics Companies Healthcare Analytics Law Enforcement EXHIBIT 12.1 Personal Data Ecosystem Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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