IT 801 -- INFORMATION LAW AND POLICY
FALL 2000

Professor David E. Sorkin (312) 987-2387 david@sork.com Office hours: Wed. 4:00-6:00 pm	Adjunct Professor Leslie Ann Reis (312) 987-1425 LeslieReis@aol.com Office hours: TBA

Welcome to Information Law and Policy. This seminar meets for four all-day sessions during the semester. We will explore this ever-changing area of law through discussions, hypotheticals, student presentations and perhaps a guest lecture or two. Your participation is essential.

To receive credit for this seminar, you will need to (1) prepare and deliver an in-class presentation, (2) complete a research project or paper of publishable quality, and (3) make a personal information inquiry.

COURSE DESCRIPTION

This seminar considers the historical foundation and current status of information law and policies. We will examine a variety of issues concerning the gathering, use and protection of information about individuals and organizations held by third parties, including the right of access to information; the free flow and use of information; the creation and value of an individual's "digital persona"; and the roles of government and the private sector in protecting informational privacy.

COURSE MATERIALS

Required textbook: Richard C. Turkington & Anita L. Allen, Privacy Law: Cases and Materials (West Publishing 1999).

Recommended text: Marc Rotenberg, The Privacy Law Sourcebook 2000: United States Law, International Law, and Recent Developments (Electronic Privacy Information Center, 2000), or The Privacy Law Sourcebook 1999. (Note: You can order this book directly from EPIC's online bookstore at <http://www.epic.org/bookstore/>. The 2000 edition was published in September 2000.)

Additional readings will be distributed in class; some online materials will also be assigned.

CLASS MEETINGS

The class will meet from 9:00 am to 5:00 pm on four days: Saturday, Sept. 2; Saturday, Sept. 30; Sunday, Nov. 5; and Saturday, Dec. 2. Class meetings will be held in room 403.

GRADES AND COURSE REQUIREMENTS

Grades will be based on class participation (20%), an in-class presentation (20%), a personal information inquiry (10%), and a research paper/project (50%).

IN-CLASS PRESENTATIONS -- Each student will be expected to present an outline and lead an in-class discussion (approximately 30 to 45 minutes in length) on a specific topic. Each presentation should include a survey of the current state of the law in the particular area, cases of interest, legislative action, controversies, and trends. Creativity is greatly appreciated and handouts are strongly encouraged.

TOPICS FOR IN-CLASS PRESENTATIONS: A list of suggested topics will be distributed in class. During the mid-break of the first class meeting, you will be asked to pick your top three choices for your in-class presentation. You may propose additional topics (subject to the instructors' approval).

PERSONAL INFORMATION INQUIRY -- Each student must make a personal record inquiry from either a government agency or a private sector entity (e.g., a credit bureau, a former employer, an educational institution, an Internet advertising agency, etc.), and submit a brief written report explaining the process and the general results of the inquiry, including a critique of the agency or company's disclosure practices. Specific details of the records obtained need not be submitted. The reports are due on or before the last class session, so students should not wait until late in the semester to make the inquiry.

RESEARCH PAPERS/PROJECTS -- Each student must complete an original research project that expresses a novel idea or approach to some area of information law and policy. The paper must be submitted in publishable form--i.e., fully edited, with correct grammar and spelling, proper citations, and supporting materials (statutes, appendices, etc.) if appropriate. While there is no length requirement, most topics will likely require at least 4,000 words (15 to 20 pages) to adequately address. Quality is more important than quantity.

• Papers will be evaluated on the basis of clarity of analysis, persuasiveness of argument, depth of research, originality of thought, readability, and understanding of the course materials. Proper use of authority is required (footnotes are preferred to endnotes).
• Students may present projects of equivalent depth and magnitude in other formats with prior approval of the instructors.
• Students will submit a thesis statement at the beginning of the third class meeting.
• The instructors are available to discuss questions regarding papers/projects.
• Papers/projects are due at the last class session. Late papers/projects will be accepted up to two weeks after that date, but a late penalty of up to two full letter grades (for the overall seminar grade) will be imposed. No papers/projects will be accepted more than two weeks late.

SYLLABUS

Class #1 (Sept. 2) -- INTRODUCTION

In this session, we will explore the various definitions and concepts of "information"--who needs it, who wants it, and who can protect it. We will discuss the history and development of information policy in the United States and examine the regulatory mechanisms, applicable statutes, and the right of access to information. We will begin an ongoing analysis of "informational privacy"--an individual's right to control his or her personal information held by others.

Class #2 (Sept. 30) -- GOVERNMENT INFORMATION

This session will focus on information about the government as well as information collected, maintained and used by the government. Among the topics that will be addressed are public records, FOIA, Privacy Act, criminal history records, IRS, Social Security, the 2000 Census, and others.

Required readings:
	Privacy Law: Cases and Materials, pages 311-397. Handout Materials.
Presentations:
	"Megan's Laws" and Other Notification Laws--Terry Fernbach. Carnivore--Taewook Kim. Government Access to Personal Information--Brian Brady, A.J. Gokcek. Video Surveillance--Dean Terrillion. Information as Property (including copyright and right of publicity)--Yasser Helal.

Class #3 (Nov. 5) -- PRIVATE SECTOR INFORMATION

Here, we will concentrate on information collected, maintained, and used by the private sector. Specific topics will include banking and credit information, medical and insurance information, electronic commerce, and others.

Required readings:
	Privacy Law: Cases and Materials, pages 92-145 and 198-227. Handout Materials.
Presentations:
	Health and Medical Information--Gregory Walker. Credit Information--Yu-Chang Chung. Marketing Databases and Customer Lists--John Lee. Targeted Internet Advertising--Robert Strom. Grocery Store Discount Cards--Ruben Aguirre. DPPA (Reno v. Condon)--Vihar Patel. Development of National Identity Cards--Teerapan Verawanpinyo.

Class #4 (Dec. 2) -- USING, ABUSING, AND PROTECTING INFORMATION

In this session, we will examine the economic implications of information exchange, profiling, free press, copyright, and special problems in cyberspace and with new media technology. We will also take a practical look at litigation and other practice concerns in this area.

Required readings:
	Privacy Law: Cases and Materials, pages 92-145 and 198-227. Handout Materials.
Presentations:
	DNA Profiling--Eric Zimmerman. Biometrics--Stephen Myers. Caller ID and Other Telephone Privacy Protections--Luying Chen. Web Site Privacy Policies--Joseph Lanser (rights and obligations);       Rafael Gamboa (enforcement mechanisms). Workplace Privacy and Employer Privacy Policies--Wen-Chun Li. Children's Privacy--Byron Wardlaw. Theft of Identity and Identity Fraud--Trinidad Legaspi.

2000/09/18