INFORMATION PRIVACY LAW

Georgetown Law
Spring 2019

Prof. Marc Rotenberg
Prof. Alan Butler

DESCRIPTION

This course examines the law of 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 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 cell phone tracking, drones, social media monitoring, and internet connected devices. 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.

A NOTE ABOUT THE 2019 CLASS

We recently published a new casebook, ALLEN & ROTENBERG, PRIVACY, LAW AND SOCIETY (West 2016), and we have also published a comprehensive PRIVACY LAW SOURCEBOOK (EPIC 2018). Most of the assignments will be found in the Casebook and the Sourcebook. The current syllabus and additional course materials (including past exams) can be found at www.privacylawandsociety.org.

We will also discuss articles from PRIVACY IN THE MODERN AGE: THE SEARCH FOR SOLUTIONS (THE NEW PRESS 2015). You may also find interesting, though it is not required, ARTEMI RALLO, THE RIGHT TO BE FORGOTTEN ON THE INTERNET: GOOGLE V. SPAIN (EPIC 2018).

The Supreme Court has provided several interesting cases for us to study this semester: Frank v. Gaos, No. 17-961 and Department of Commerce, et al. v. U.S. District Court for the Southern District of New York, et al., No. 18-557. Oral argument in Department of Commerce case will be held on Tuesday, February 19, 2019. A final decision in Gaos is expected some time in the spring.

And if you are at Georgetown University Law Center taking a class on Information Privacy Law, you should learn more about the Georgetown Law Center on Privacy and Technology. Finally, real privacy experts say "Fair Information Practices" not "Fair Information Practice Principles." These things matter.

LOGISTICS

Information Privacy Law meets Wednesday evenings, 5:45 p.m. to 7:45 p.m. in Hotung 1000. There is no class Wednesday, February 20th (faculty retreat) and no class on Wednesday, March 13th (spring break). The last class is Wednesday, April 24th. Information Privacy Law is a two-credit seminar. The final will be a take-home exam. There is no paper option. To contact Professor Rotenberg, send email to rotenberg@epic.org or call 202-483-1140 x106. To contact Professor Butler, send email to butler@epic.org or call 202-483-1140 x103.

Grading is based on the final exam, class attendance, and class participation. If you are unable to attend a class, please let us know in advance. There is no writing assignment this year. Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

WHAT'S IMPORTANT

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

Week 1: Privacy and the Fourth Amendment (January 16th)

Topics

Assignment

PRIVACY LAW AND SOCIETY

  • Florida v. Jardines (U.S. 2013), 429-35
  • Week 2: Introduction to Privacy Law (January 23rd)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    PRIVACY IN THE MODERN AGE: THE SEARCH FOR SOLUTIONS

    Week 3: Common Law: The Privacy Torts (January 30th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    (optional additions: two posts on Bollea v. Gawker...and a third)

    Week 4: Towards a Digital Fourth Amendment (February 6th)

    Topics

    Assignment

    PRIVACY IN THE MODERN AGE

    THE PRIVACY LAW SOURCEBOOK 2018

    Week 5: Privacy, the First Amendment, Anonymity, and Sensitive Data (February 13th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    PRIVACY IN THE MODERN AGE: THE SEARCH FOR SOLUTIONS

    No classes (Feb 20th) Faculty retreat

    Week 6: Privacy by Statute I: Government Databases (February 27th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    Week 7: Int'l Privacy Law I: Classic Frameworks (March 6th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    PRIVACY IN THE MODERN AGE

    No class (Mar 13th) Spring break

    Week 8: Int'l Privacy Law II: Emerging Law and Institutions / Technology and Privacy (March 20th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    THE PRIVACY LAW SOURCEBOOK 2018

    PRIVACY IN THE MODERN AGE

    Week 9: Privacy by Statute II: Private Sector Databases (March 27th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    Week 10: The Role of the Federal Trade Commission (April 3rd)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    Week 11: Towards a Comprehensive Federal Privacy Law in the US (April 10th)

    Topics

    Week 12: Aerial Surveillance, Drones, and the Future of Privacy (April 17th)

    Topics

    Assignment

    PRIVACY LAW AND SOCIETY

    PRIVACY IN THE MODERN AGE

    Week 13: Emerging Issues: IoT and Always On Devices (April 24th)

    Topics

    Assignment

    THE PRIVACY LAW SOURCEBOOK 2016

    PRIVACY LAW AND SOCIETY

    (Version: December 7, 2018)