Welcome to the archived Berkman Center for Internet &
Society BOLD site for "Privacy in Cyberspace" which
was offered in the Spring of 2002.
Syllabus/Course Info
Informational Privacy concerns the claim to control the collection,
use or distribution of information about oneself. This series
is designed to address potential threats to individuals' informational
privacy on the Web posed by collection, use and distribution
of that information by other individuals, corporate or institutional
interests, or by the government. We have designed the series
so that it will be possible for a participant to gain an awareness
of some of the legal and policy issues affecting privacy that
arise online. The series launched March 11, 2002, and
the live portion of the series ran for six weeks.
We have organized our study of privacy in cyberspace into six
weeklong modules. Each module is designed to explore various
technologies and to ask whether their use raises privacy questions.
Please note that participation in this series was asynchronous.
Students actively participated in the series in three ways:
(1) Studied the materials and contemplate the questions and
hypotheticals in the Modules as they were launched.
(2) Participated actively by sending in a comment in response
to each week's readings.
(3) Participated in the threaded discussions as they were launched,
and throughout the course.
Site Description
Contemporary technology has created numerous means of collecting
and storing data about individuals. Information as mundane as
what brand of potato chips or ointment a person buys, to the
types of food, entertainment, magazines, books, or trips a person
likes can easily be digitally stored and linked to the individual's
name, income and address. Credit and loan history, employment
history, medical information disclosed to insurance companies,
and academic records are all stored on computer databases, and
can be accessed to varying degrees by marketers seeking to profit
through targeted advertising, or investigators seeking to learn
all they can about a person.
The rise of the Internet, too, has led to numerous concerns
about the prospects of web or email snooping by employers, web
hosts, or the government. It is possible, for example, for an
Internet Service Provider to track the sites a person surfs
on the web. It is possible for an employer to track an individual's
emails --inbound as well as outbound--and to keep a log of every
website the employee visits. The FBI's "Carnivore"
program can track all mouseclicks an individual makes on the
Web. Web businesses drop "cookies" onto an individuals
computer, and can thereafter track the individual's behavior
on that site to create an online "profile" of the
individual's interests, shopping and reading habits. Do these
developments raise concerns about informational privacy? If
so, what can, or should, be done about them?
What, if any, information should be shielded from snoopy marketers,
government agencies or database-keepers? Do individuals have
a right of informational privacy that should be protected? If
so, how? What sorts of information do we think should be shielded
from others' view, and why? Should the government be asked to
create privacy rules that protect privacy interests? Or, should
consumers be left to negotiate their own privacy protections?
These are the sorts of questions the course will address.
The series will look at many contemporary instances in which
new online technologies have increased the risk that intimate
or private information about individuals can be collected, stored,
sorted, manipulated, and disclosed. In addition, the series
will examine the utility (or not) of current schemes to regulate
these putative invasions in the name of privacy.
Professor John T. Nockleby
Professor of Law
Loyola Law School
Los Angeles, California
Teaching Fellows:
Cory Bragar (HLS '02)
Wendy Netter (HLS '03)
Research Assistants:
Teddy Kang (HLS '01)
Cory Bragar (HLS '02)
Wendy Netter (HLS '03)
Emily Terrell (LLS '04)
|