Exam Number: 				


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



Professor Rotenberg					December 8, 1993


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. I 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)


Professor Rotenberg					December 8, 1993


Question 1

	You are counsel to the Morning Herald, a daily newspaper 
published in New York city.

	You have just received a call from an editor who says 
that he spoke with an angry person named Alan Jones who 
threatens to sue the newspaper.  The editor explains to you 
that Mr. Jones's picture appeared in a story in the Herald 
that day.  The story was about the growing use of condoms on 
college campuses.  The picture showed Mr. Jones and three 
other students walking casually across a college campus in 
New York city.  None of the students were identified by name, 
though the faces were easy to recognize.  The caption 
underneath the picture said, "Students on colleges such as 
this one face new concerns about AIDS."

	Mr. Jones explained to the editor that he intended to 
join the clergy and also that he knows his parent subscribe 
to the Morning Herald.
	
	Describe the causes of action that Mr. Jones might bring 
against the Herald.  Discuss how the Herald should reply.  
What are Mr. Jones's chances of success?  Are there any steps 
that the newspaper could take at this point to head off a 
lawsuit?


Question 2

	You are counsel to the Senate Judiciary Committee.

	You have been asked by the Chairman of the Committee to 
draft a bill to protect the privacy of drivers license 
information.   A state typically collects the following 
information for each licensed driver: name and address, 
social security number, age, height, weight, use of 
corrective lenses, any mental or physical condition that 
might impair driving ability, any states where licenses were 
previously granted as well as states where licenses were 
revoked, and record of results on driving examination.  

	In some states drivers license information is sold to 
marketing firms.  In other states it is not.  Several states 
are exploring proposals to incorporate magnetic stripes that 
would make data machine-readable.  Some states are also 
considering the use of digitized fingerprints for 
identification.  This would allow state officials and others 
to scan a person's fingerprint and determine whether it 
corresponds to the holder of the driver's license. 

	Outline and briefly describe the sections of the bill.

Question 3

	You are a counsel in a small criminal defense firm in 
California.

	 Mr. Zims, a client now in your office, is facing a 
federal indictment for the illegal export of cryptographic 
products from the United States.  The government's case is 
based solely on evidence obtained through a new hi-tech 
investigative method that involves the capture of low-
frequency emanations that are generated by computer keyboards 
when individual keys are depressed.  Through the use of a hi-
intensity detection device placed outside of Mr. Zims home 
the government has obtained copies of all the messages and 
files that Mr. Zims created at his keyboard.

	The sole question in the government's case against Mr. 
Zims is whether this evidence is admissible.   Discuss.


Question 4

	You are general counsel to a new hi-tech firm Datatron.  

	The CEO of the company explains to you that she would 
like to sell marketing lists based on the lists that are 
typically created by a computer network service called a 
"list server."  She explains that list server lists are much 
like newsletter or magazine subscription lists.  A person 
affirmatively joins a list maintained by a particular 
organization and receives information relating to a 
particular interest.  The range of interests represented by 
various list servers available through the computer network 
is at least as diverse as the selection of magazines in a 
well-stocked newsstand.  Also, there is typically no charge 
to join a list server. The number of names for a particular 
list may vary from 500 to half a million.

	The CEO believes that if a person joins a list server 
on, for example magic tricks, then it would be sensible to 
inform the person about interesting products and services for 
magicians.  But she is very much concerned about privacy and 
would like to develop a scheme that meets the toughest 
standards for privacy protection. "If we can't do it right, 
we're not going to do it," she says to you.

	Se also anticipates that this product will develop a 
global market, as list server membership can include people 
from many countries. She is familiar with the OECD Guidelines 
and believes that they provide a good starting point for the 
companies new service, but invites you to incorporate better 
principles if you think appropriate.

	Draft a code of conduct for Datatron's new list 
products.