Stanford Law Review’s Privacy Symposium

The Stanford Law Review has an interesting series of articles on privacy in its most recent edition:

A Reasonableness Approach to Searches After the Jones GPS Tracking Case by Peter Swire
In the oral argument this fall in United States v. Jones, several Supreme Court Justices struggled with the government’s view that it can place Global Positioning System (GPS) tracking devices on cars without a warrant or other Fourth Amendment limit.

Privacy in the Age of Big Data by Omer Tene & Jules Polonetsky
We live in an age of “big data.” Data has become the raw material of production, a new source of immense economic and social value

Yes We Can (Profile You) by Daniel Kreiss
Online advertising and field campaigning rely on voter modeling based on hundreds of data points culled from surveys, public records, and commercial information sources such as credit histories. This data details the location, demographics, political affiliations, social networks, behavior, and interests of citizens.

Paving the Regulatory Road to the “Learning Health Care System” by Deven McGraw
The poor quality and high cost of health care in the U.S. is well documented. The widespread adoption of electronic medical records—for purposes of improving quality and reducing costs—is key to reversing these trends. But federal privacy regulations do not set clear and consistent rules for access to health information to improve health care quality. Consequently, the regulations serve as a disincentive to robust analysis of information in medical records and may interfere with efforts to accelerate quality improvements.

Famous for Fifteen People by Simon J. Frankel, Laura Brookover & Stephen Satterfield
A recent case in the Northern District of California, Fraley v. Facebook, recalls singer-songwriter Momus’s prescient parody of Andy Warhol: “In the future, everyone will be famous for fifteen people.” Although Momus was discussing the revolution in the recording and distribution of music made possible by digital technologies that allowed performers outside the mainstream to become “stars” within certain listening circles, his statement applies at least as forcefully to the recent revolution in digital communications technologies, particularly the emergence of social media. The Fraley decision suggests that Momus’s prediction was dead on—and that the future has arrived.

The Right to Be Forgotten by Jeffrey Rosen
At the end of January, the European Commissioner for Justice, Fundamental Rights, and Citizenship, Viviane Reding, announced the European Commission’s proposal to create a sweeping new privacy right—the “right to be forgotten.” The right, which has been hotly debated in Europe for the past few years, has finally been codified as part of a broad new proposed data protection regulation.

The Dead Past by Alex Kozinski
I must start out with a confession: When it comes to technology, I’m what you might call a troglodyte. I don’t own a Kindle or an iPad or an iPhone or a Blackberry. I don’t have an avatar or even voicemail. I don’t text. I don’t reject technology altogether: I do have a typewriter—an electric one, with a ball. But I do think that technology can be a dangerous thing because it changes the way we do things and the way we think about things; and sometimes it changes our own perception of who we are and what we’re about. And by the time we realize it, we find we’re living in a different world with different assumptions about such fundamental things as property and privacy and dignity. And by then, it’s too late to turn back the clock.

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