Privacy Law and the Internet

Ray Everett-Church, PrivacyClue LLC

Introduction

Privacy Law Basics

Privacy Defined

Constitutional Privacy

Common Law Privacy

Privacy Laws in the United States and Abroad

International Privacy Law

Cross-Border Data Flow

Balancing Privacy and Law Enforcement

ECPA

FISA

Business Issues Under Wiretap Laws

Privacy Issues for Businesses

Employee Privacy Policies

Developing an Employee Privacy Policy

Consumer Internet Privacy

Browser Privacy Issues

IP Addresses and Browser Data

Cookies

Web Bugs

Ad Networks

Privacy Policy Fundamentals

Chief Privacy Officers

Trustmarks

Federal Trade Commission

Conclusion

Glossary

Cross References

References

INTRODUCTION

Understanding privacy is a true challenge, in no small part due the difficulty in defining the concept of privacy itself. The textbook definition of privacy only begins to scratch the surface of a deeply complex issue, made all the more complex because of the strong personal feelings evoked by privacy breaches. Accounting for privacy concerns can be a daunting task, especially when one is building Internet-based services and technologies whose success can depend on not offending consumers' mercurial sensibilities about the value of their privacy versus the value of those services that depend on free-flowing personal data.

This chapter discusses the roots of privacy law, including the different ways privacy matters are dealt with under constitutional law, statutes, and common law. With the fundamentals established, ...

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