1. Privacy
    1. The Shape of the Problem
      1. Roger Clarke, Introduction to Dataveillance and Information Privacy, and Definition of Terms
      2. Roger Clarke, Human Identification in Information Systems: Management Challenges and Public Policy Issues
      3. Bartnicki v. Vopper, 200 F.3d 109 (3d Cir. 1999), cert. granted. 120 S.Ct. 2716 (2000)
      4. U.S. v. Kyllo, 190 F.3d 1041 (9th Cir. 1999), cert granted, Kyllo v. U.S., --- S.Ct. ----, 2000 WL 267066 (U.S. Sep 26, 2000) (NO. 99-8508)
    2. Solutions?
      1. OECD, Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (1980). Note especially the introduction and paragraphs 1-22.
      2. Treaty of Amsterdam, Article 6:
        3. 1.The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
        2.The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
        3.The Union shall respect the national identities of its Member States.
        4.The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.
      3. European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 8: Right to respect for private and family life:
        4. 1 Everyone has the right to respect for his private and family life, his home and his correspondence.
        2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
      4. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
      5. Safe Harbor Privacy Principles Issued by the U.S.. Department of  Commerce on July 21, 2000
      6. FAQs on Safe Harbor:

        7. 1.     Sensitive Data
        2.     Journalistic Exceptions
        3.     Secondary Liability
        4.     Investment Banking and Audits
        5.     The Role of Data Protection Authorities
        6.     Self-Certification
        7.     Verification
        8.     Access
        9.     Human Resources
        10.   Article 17 contracts
        11.   Dispute Resolution and Enforcement
        12.   Choice - Timing of Opt-out
        13.   Travel Information
        14.   Pharmaceutical and Medical Products
        15.   Public Record and Publicly Available Information
    3. Optional Reading
      1. Peter P. Swire, Of Elephants, Mice, and Privacy: International Choice of Law and the Internet, 32Int'l Law. 991 (1998).
      2. A. Michael Froomkin, The Death of Privacy?, 52 Stan. L. Rev. (2000).
      3. Eugene Volokh, Freedom of Speech and Information Privacy: The Troubling Implications of a Right to Stop Others from Speaking About You, 52 Stan. L. Rev. (2000).
      4. Jessica Litman, Information Privacy/Information Property, 52 Stanford L. Rev. 1283 (2000)
      5. Dept. of Justice, Dept. of Treasury, Office of Management & Budget, Public Comment on Financial Privacy and Bankruptcy, 65 Fed. Reg. 46735 (July 31, 2000).