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[…] supra note 67, at 2 (drawing the analogy betweenelectronic privacy policies and nutritional facts food labels).82.See discussion, infra Part III.C.3.83.The sixth required heading, to be discussed below, deals with amending a privacy policy.the same time (“the notice seen yesterday must help consumers understandthe notice they see today”). 80The same logic holds true in the […]

[…] argues that this current approach to regulating privacy is not effective and needs to be revisited. The current approach places too much burden on the individual, frequently deals with harm only after the fact, and has failed to motivate organizations to proactively prevent privacy or security incidents resulting from their information processing activities. As […]

[…] 33 Bits of Entropy, Feb. 18, 2011, http://33bits.org/2010/02/18/cookies -supercookies -and -ubercookies -stealing – the -iden tity -of-web -visitors . 4 and storage of information became simple and cheap, motivating businesses to look for innovative ways to manage and analyze heaps of data accumulated through various business processes. 6 In this chapter we describe the […]

[…] of accountability as ‘dialogue’, in which ‘officials…answer, explain and justify, while those holding t hem to account engage in questioning, assessing and criticizing’. 12 Although Mulgan has reservations about equating accountability with deliberative democracy among equals, the interactive dialogue between stewards and their principals, and the shared frame works for explanation and justification that […]

[…] U.S.C. §2511 (1)(b) –(d). 31 The issues are 1) interception; 2) consent; 3) provider; 4) ordinary course of business; and, 5) interstate commerce. 32 Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 886 –87 (9th Cir. 2002) (J. Reinh ardt, dissenting). earliest c ases, what the courts said was that it needs to be […]

[…] records. Department of Homeland Security: Numerous issues, including transportation safety and immigration. Department of Housing and Urban Developmen t: Public housing records. Department of Interior: National park reservations and other services provided online. Department of Justice: Numerous issues. Department of Labor: Records of union membership. Department of State: International privacy issues. Department of Transportation: […]

[…] broad enough to include at least those communications stored temporarily as part of the e -mail transmission process.‖). 131 See supra Part IV.B. 132 Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 886 -87 (9th Cir. 2002) (J. Reinhardt, dissenting) (―Electr onic communications spend infinitesimal amounts of time in transmission so by definition, to […]

[…] a  fair  information  pra ctice  by  discussing  the  remaining  Key  FIPs  –  choice,  access,  integrity  and  enforcement  –  conspicuousl y  and  clearly.    The  FIP  of  choice  deals with visitor control over the collection, use and dissemination of  their PII. 71  This discussion must  include  a  discussion  of  control  over  PII  utilized  in  a  manner  different   then  promised  upon  collection.   Describing choice-related privacy provisions is important bec ause visitors are less likely to perceive PII  •  identification of the uses to which the data will b e put [Choice];   •  identification of any potential recipients of the d […]

[…] – , 112th Cong. (2011). 371 Id. at §3(5)(A). 372 See Part III.A.2 , supra. 373 Cabinet Office, Department for Business Innovation & Skills, Better Choices: Better Deals (2011). 374 Id. at 17. 375 Schwartz, Property, supra note 199, at 2076-80. The treatment of both identified and identifiable information alike will heighten consumer awareness […]

[…] A police officer who has just pulled over a driver for speeding may query a database of driving records to determine if the driver has received speeding tickets in the past. A keyword search through a database of seized e -ma ils may reveal positive “hits” where the keyword appeared. In all of these […]