Ch 10: Privacy and Internet Law

1. person had an actual, subjective expectation of privacy

   1. Ex: Most people expect privacy in restrooms, desk drawer in office, etc

2. Society accepts the person’s expectations of privacy as reasonable

   1. The privacy of a workspace can be circumstantial

2 requirements for establishing reasonable expectation of privacy

third party doctrine

a person has no legitimate expectation of privacy in information he voluntarily shares with a third party, including friends, banks, utilities, ISPs, etc.

1. public disclosure of private facts

2. intrusion

2 Privacy Torts

public disclosure of private facts

prohibits the unjustifiable revelation of truthful yet secret information

Requires plaintiff to show:

1. Defendant made public disclosure

2. Disclosed facts had been private

3. facts were not of concern to public

4. Disclosure is highly offensive to a reasonable person.

   1. Meaning the defendant must prove that the unauthorized reveal of this secret would have offended most reasonable people.

intrusion

unreasonable invasion into someone’s private space

Requires the plaintiff to show that the defendant:

1. intentionally intruded

2. upon the solitude of another on their private affairs

3. in a manner highly offensive to a reasonable person

Wiretap Act

makes it illegal to intercept or record face-to-face oral communications and phone calls during their transmission. It also prohibits disclosing the contents of the illegal recording

DOES NOT PROTECT EVERY CONVO
THINK TAYLOR KANYE

Children’s Online Privacy Protection Act(COPPA)

prohibits internet operators from collecting info from children under age 13 without parental permission

also requires sites to disclose how they will use any info they acquire and prohibits them from targeting children with personalized ads

• Age verification: Websites may require users to provide their date of birth to verify that they are over 13 years old.

• Parental consent: Websites may require parents to provide their contact information and consent to the collection of their child's personal information.

Examples of how COPPA is implemented