Information Privacy Law: Cases and Materials, Third Edition / Edition 3

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Overview

Author Website: http://informationprivacylaw.com

Information Privacy Law, now in its Third Edition, continues to present groundbreaking cases and cutting-edge issues, along with informative discussion and concise introductions for each area of privacy law. A conceptual framework brings logic and clarity to this wide-ranging field. Stimulating questions fuel classroom debate. Accompanying the Third Edition is an updated and expanded comprehensive Teacher’s Manual.

An important casebook in law school and a valuable reference source for practitioners, Information Privacy Law features:

  • trail-blazing cases and materials that explore issues of emerging technology and information privacy
  • a cohesive conceptual framework that brings clarity and accessibility to the wide-ranging field of information privacy law
  • thorough coverage of information privacy issues, including medical and genetic privacy, computer databases, employee monitoring, government data mining, electronic surveillance, anonymity in cyberspace, spam and telemarketing, Internet privacy, spyware, intelligence gathering and terrorism, consumer and financial privacy, privacy and the media, and more
  • stimulating pedagogy that raises provocative questions about new technologies and the development of the law
  • extensive background information and authorial guidance that provides clear and concise introductions to various areas of law
  • clear and engaging discussion of privacy statutes — including summaries of long and complex privacy statutes, such as the Electronic Communications Privacy Act, Fair Credit Reporting Act, Privacy Act, Freedom of Information Act, Cable Communications Policy Act, HIPAA regulations, and Gramm-Leach-Bliley Act

Updated throughout, the carefully revised Third Edition includes:

  • new material on defamation and gossip on the Internet through blogs and social network websites
  • important new cases dealing with identity theft, data mining , electronic surveillance law, and NSA surveillance
  • more cases to use with the statutes, including additional cases for the Privacy Act and the Fair Credit Reporting Act.
  • new developments in electronic surveillance law, including NSA surveillance, and the Foreign Intelligence Surveillance Act
  • updated coverage of HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule
  • new coverage on decisional privacy in Chapter 4, (23 pages), using Griswold v. Connecticut, Planned Parenthood v. Casey, and Lawrence v. Texas as principal cases, plus extensive coverage of other cases in the notes
  • enhanced and expanded Teacher’s Manual (nearly double in size from the previous version) that offers complete, detailed, section-by-section coverage

For engaging and timely coverage of a broad range of privacy issues related to technology, media, government, health, employment, law enforcement, national security, commerce, and the financial system — look to the flagship title helmed by two of the most respected voices on privacy law, Daniel J. Solove and Paul M. Schwartz.

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Product Details

  • ISBN-13: 9780735576414
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 11/7/2008
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 1
  • Product dimensions: 7.40 (w) x 10.20 (h) x 1.80 (d)

Table of Contents

Preface xxv
Acknowledgments xxix
1 Introduction 1
A Information Privacy, Technology, and the Law 1
Sidis v. F-R Publishing Corp. 2
B Information Privacy Law: Origins and Types 9
1 Common Law 9
2 Constitutional Law 33
3 Statutory Law 35
4 International Law 38
C Philosophical Perspectives 39
1 The Philosophical Discourse About Privacy 39
2 The Definition and the Value of Privacy 40
3 Critics of Privacy 59
4 The Feminist Perspective on Privacy 67
2 Privacy and the Media 75
A Information Gathering 76
1 Intrusion upon Seclusion 76
2 Paparazzi 94
3 Video Voyeurism 100
B Disclosure of Truthful Information 102
1 Public Disclosure of Private Facts 103
2 Disclosure of Illegally Obtained Information 152
C Dissemination of False or Misleading Information 159
1 Defamation 159
2 False Light 181
3 Infliction of Emotional Distress 185
D Appropriation of Name or Likeness 188
1 Introduction 188
2 Name or Likeness 191
3 Connection to Matters of Public Interest 197
4 First Amendment Limitations 203
3 Privacy and Law Enforcement 207
A The Fourth Amendment and Emerging Technology 207
1 Introduction 207
2 Wiretapping, Bugging, and Beyond 214
3 The Reasonable Expectation of Privacy Test and Emerging Technology 232
B Federal Electronic Surveilliance Law 263
1 Section 605 of the Federal Communications Act of 1934 263
2 Title III of the Omnibus Crime Control Act of 1968 264
3 The Electronic Communications Privacy Act (ECPA) of 1986 265
4 The Communications Assistance for Law Enforcement Act 285
5 The Foreign Intelligence Surveillance Act 288
6 The USA PATRIOT Act 294
C Intelligence, Terrorism, and National Security 300
1 Is National Security Different? 300
2 FISA and the "Wall" 303
3 The Attorney General's FBI Guidelines 314
4 The Homeland Security Act 317
5 The Intelligence Reform and Terrorism Prevention Act 317
D Encryption 320
E Government Computer Searches 323
1 The Scope of Warrants to Search Computers 323
2 ISP Records 326
3 Carnivore 338
4 Key Logging Devices 339
4 Health and Genetic Privacy 345
A Medical Data and Privacy in the Information Age 346
Privacy and the Economics of Health Care Information 346
Health Information Privacy 347
"Nobody Knows the MIB" 348
B Confidentiality of Medical Information 350
1 Professional Ethics and Evidentiary Privileges 350
2 Tort Liability for Disclosure of Patient Information 356
3 Tort Liability for Failure to Disclose Patient Information 363
4 Statutory Reporting Requirements 375
5 State Law Privacy Protections for Medical Information 377
6 Health Insurance Portability and Accountability Act 379
C Constitutional Protection of Medical Information 394
1 The Constitutional Right to Information Privacy 394
2 The Fourth Amendment 415
D Genetic Information 421
1 Background: Genetic Privacy 421
2 Property Rights in Body Parts and DNA 422
3 Genetic Testing and Discrimination 436
4 DNA Databases and Identification 441
5 Privacy of Associations, Anonymity, and Identification 451
A Privacy of Group Associations 453
1 Compelled Disclosure of Group Membership Lists 453
2 Interrogation About Group Associations 456
3 Surveillance of Group Activities 461
B Anonymity 470
1 Anonymous Speech 470
2 Anonymity in Cyberspace 480
3 Anonymous Reading and Receiving of Ideas 490
4 Anonymity and Copyright 498
C Identification 504
1 Identification Devices and Techniques 504
2 Identification and the Constitution 506
3 Social Security Numbers 513
4 National Identification Systems 519
6 Privacy and Government Records and Databases 523
A Public Access to Government Records 524
1 Public Records and Court Records 524
2 The Freedom of Information Act 526
3 Constitutional Requirements of Public Access 542
4 Constitutional Limitations on Public Access 550
B Government Records of Personal Information 577
1 Fair Information Practices 577
2 The Privacy Act 579
3 The Use of Government Databases 599
4 The Driver's Privacy Protection Act 618
7 Privacy, Business Records, and Financial Information 623
A The Collection and Use of Personal Data 623
1 Data Collection Techniques and Devices 624
2 The Database Industry 629
3 Perspectives on the Collection and Use of Personal Data 631
B Regulating Business Records and Databases 636
1 Self-Regulation 636
2 Property and Contract Law 637
3 Technological Solutions 642
4 Tort Law 643
5 Statutory Protections 649
6 First Amendment Limitations on Privacy Regulation 673
C Spam 693
1 State Anti-Spam Laws 693
2 The Federal CAN-SPAM Act 693
3 Spam and Speech 695
D Identity Theft 696
1 The Identity Theft Assumption and Deterrence Act 696
2 State Statutory Approaches 697
3 Perspectives on Identity Theft Legislation 698
4 Database Companies, Security Breaches, and Identity Theft 699
E Financial Information 700
Financial Privacy and the Theory of High-Tech Government Surveillance 700
1 The Credit System 702
2 The Use and Disclosure of Financial Information 711
F Government Access to Financial and Business Records 718
1 Information Gathering Without Search Warrants 718
2 Information Gathering with Search Warrants 735
G Privacy Policies: Private vs. Public Enforcement 739
1 Privacy Policies 739
2 Private Enforcement: Contract Remedies 746
3 Public Enforcement: The FTC 750
8 Privacy and Place 765
A Privacy at Home 765
Stanley v. Georgia 766
Osborne v. Ohio 768
Wilson v. Layne 772
B Privacy at School 778
1 School Searches and Surveillance 778
2 Drug Testing 784
3 School Records 794
C Privacy at Work 798
1 Introduction 798
2 Workplace Searches 801
3 Workplace Surveillance 809
4 Drug Testing 813
5 The Issue of Consent 824
6 Testing, Questionnaires, and Polygraphs 830
7 Employer Monitoring of the Telephone 845
8 Employer Monitoring of Mail, E-mail, and Internet Use 852
9 International Privacy Law 869
A The Oecd Privacy Guidelines 871
B The Protection of Privacy in Europe 873
1 Convergence or Divergence? 873
2 European Convention of Human Rights (ECHR) Article 8 878
3 The European Union Data Protection Directive 900
C Privacy Protection in Other Countries 922
1 Canada 922
2 Australia 928
3 Japan 928
4 Argentina 929
D International Transfers of Data 929
1 International Data Transfers in Litigation 930
2 Adequate Level of Protection Under the EU Directive 933
3 The Safe Harbor Arrangement 936
4 Passenger Name Record Data Transfers 957
5 Outsourcing Information Processing to Other Countries 964
Table of Cases 969
Table of Authorities 979
Index 1001
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