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ITMG Cyberlaw Week 7 Assignment:300 Words and APA Format Text:...
ITMG Cyberlaw Week 7 Assignment:300 Words and APA Format
Text: Ferrera, Reder, Bird, Darrow,Aresty, Klosek &Lichtenstein
Special Topics Collection: Cyberlaw - Text and Cases
Chapter 12Â
HHS and the FTC recentlylaunched an investigation into a major pharmacy chain for its informationdisposal practices. The regulators claimed that the pharmacy chain failed toprotect customers’ sensitive financial and medical information by disposing prescriptionsand labeled pill bottles in dumpsters that were accessible by the public. Whatconsequences should a company face for failing to properly dispose of customerinformation?
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Chapter 13
Trust is an important part of the continued growth anddevelopment of the Internet. This is particularly the case with respect tosocial networking. Media reports of disturbing stories and case law alike haveshown some of the consequences that can arise when individuals create falsesocial networking profiles. In a case in California, and individual establisheda fake MySpace profile of his former church pastor. On the profile, he postedcontent that suggested that the pastor used drugs and was homosexual. Cancriminal charges be brought against the party that created the fake profile?
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
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