Tag Archives: privacy

Theory: Website Design As Contract

The law hasn’t done a very good job of keeping up with technology. Here’s an opportunity to have a little input.

Amplify’d from cyberlaw.stanford.edu

Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like privacy settings. Could these designs be part of the contract between websites and users? A draft of my new article argues just that by developing a theory of website design as contract. This article is coming out in Volume 60 of the American University Law Review later this year. In sum, I argue that in an age where website interactivity is the hallmark for many sites, courts must re-think what constitutes an online agreement. This is particularly true with respect to user privacy.

Read more at cyberlaw.stanford.edu

 

Pocket Dialing and Privacy

Seriously?

Are we so sensitive that someone’s rant at a TV – accidentally recorded after pocket dialing – results in losing a job? We have to STOP believing that every single thing we hear must be analyzed, judged and held accountable to our own standards.

For the millionth time (and not the last I fear) I say the right of free speech is our greatest right.

Seriously.

Automation and the Fourth Amendment-Can Machines Be Considered Humans?

I send an email to my attorney. Technically it goes through a third party: My email provider. Third party communications are not given privacy protection under the 4th Amendment.

Ruh-roh.

A powerful example of how the values espoused in the Constitution are running smack dab into the quantum leaps in technology.

Amplify’d from www.pogowasright.org

The Supreme Court has held that an individual relinquishes any Fourth Amendment interest in information that he or she voluntarily discloses to a third party. Known as the “Third Party Doctrine,” this controversial rule is increasingly problematic in an age where a large proportion of personal communications and transactions are carried out over the Internet. Internet users expose virtually all of the information they generate online—e-mails, web-surfing histories, search terms, and more—to online service providers. As such, many scholars have assumed that Internet information will be unprotected by the Fourth Amendment.

Yet the information disclosed to these online third parties is generally not exposed to human beings at all; rather, it is processed entirely by automated equipment. Neither courts nor scholars have squarely addressed whether disclosure to these automated third parties is sufficient to eliminate Fourth Amendment protection. However, courts have, without discussing the issue, already begun to treat automated Internet systems as the equivalent of human beings.

This Article explores these implications, challenging existing privacy market theories and conceptions of user behavior, and proposing a new model of Fourth Amendment privacy on the Internet.

Read more at www.pogowasright.org