Exam Number: 				


GEORGETOWN UNIVERSITY LAW CENTER
EXAMINATION
"THE LAW OF INFORMATION PRIVACY"
(3 HOURS)



Professors Cividanes and Rotenberg		December 16, 1992


INSTRUCTIONS:

1. This is an OPEN book examination.

2. You should select three of the following four questions.  
Each question will receive equal weight.  There will be no 
additional credit for answering a fourth question.

3. Use only one side of the paper.  Write clearly.

4. We will consider only the material that is in the exam 
book or in the typed submission.

5. Organize your answers carefully.  Note the particular 
format requested in each question.

This exam consists of 3 pages in addition to this cover page.  
Please be sure that your exam is complete.



PLEASE DO NOT TURN THE PAGE
UNTIL THE PROCTOR GIVES THE SIGNAL




GEORGETOWN UNIVERSITY LAW CENTER
EXAMINATION
"THE LAW OF INFORMATION PRIVACY"
(3 HOURS)


Professors Cividanes and Rotenberg		December 16, 1992


Question 1

	The year is 1995.  You are a special assistant to the 
Secretary of Defense.

	The Department of Defense (DOD) is still reeling from 
its inability to identify the remains of U.S. soldiers 
missing in action turned over by Vietnam in 1993.  To prevent 
this from ever happening again, DOD has decided to embark on 
a genetic database project that will maintain genetic 
information obtained from each combat soldier.  The main goal 
is to positively identify combatants who die in war.

	Amidst increasing concern about the potential for 
privacy abuses and an impending congressional oversight 
hearing, the Secretary has asked you to review the proposal 
for the DOD genetic databank.  Your review should address the 
following issues and any other concerns you wish to discuss.

	First, employers and insurers may want access to the 
data once it is collected by the DOD.  Second, the DOD should 
anticipate that other federal agencies and state offices may 
want access to the information.  Third, as an employer and 
health service provider, the DOD may itself feel pressure to 
use the genetic data for screening purposes.  Finally, the 
DOD guidelines will almost certainly be followed by private 
sector companies collecting genetic information.  This places 
an added burden on the DOD to "get it right."

	Your memo should put forward specific recommendations.


Question 2

	You are a high level assistant to the Minister of 
Communications for an emerging democratic country in Eastern 
Europe.  (You obtained this post because you were educated at 
a very fine law school in the United States).  You have been 
requested by the Minister to draft privacy guidelines for new 
telecommunications services.  The Minister has asked you to 
avoid technical and legal jargon, and to develop a set of 
commonsense guidelines that will address consumer concerns, 
business interests, and privacy objectives.  She has also 
indicated that while she admires the 1981 OECD Guidelines, 
she believes it would be appropriate to develop principles 
that recognize the special privacy concerns surrounding 
telecommunication services.

	You should draft six or seven principles; each principle 
should be stated in a sentence or two.  An explanatory 
paragraph should accompany each principle.


Question 3

	You are counsel to the Office of Science and 
Technological Policy, a White House agency charged with 
advising the President on science issues.  The following 
legislative proposal has been sent to the OSTP for comment.  
You have been asked to write a brief critique of the proposal 
from a privacy vantage point.

"Rights and Responsibilities of Computer Network Users"

"Recognizing the importance of computer 
communications for the nation's economy, and the 
need to ensure individual accountability, the 
performance of law enforcement functions, and the 
protection of national security;

"1) Users of computer network services shall be 
required to include their actual name or Social 
Security Number when transmitting electronic mail 
messages by means of a computer network system used 
in interstate commerce;

"2)  Computer network service providers shall not 
transmit any encrypted or encoded communication 
without retaining the ability to provide a plain-
text version of the message upon presentation of a 
subpoena or a lawful search warrant;

"3) Transactional records regarding computer 
network use must be stored for a period of one year 
and be produced upon the presentation of subpoena; 
and

"4) Computer network service providers shall be 
required to engage in random inspection of publicly 
accessible computer bulletin boards to determine if 
any illegal materials, such as copyright infringing 
software, are available." 


Question 4

	You are counsel to a private law firm in New York.  Mr. 
Warren comes to your office and expresses concern about the 
sale of personal data regarding his recently wedded daughter 
by a direct marketing firm, Data 'R' Us.  He believes that 
the practice is unfair and a violation of her privacy.

	Discuss the potential causes of action for Mr. Warren's 
daughter in New York and the likelihood of success.  If you 
conclude that her chances of success are not very good, 
briefly outline a legislative initiative that would address 
the Warrens' concern.