1. Copyright © Jeffrey Pittman – Cyberlaw & E-Commerce C LASS T OPICS – CHAPTER 13, P RIVACY

2. T OPIC 1 – “H UMAN -F LESH S EARCH E NGINE ” (T EXTBOOK C HAPTER 13) See “Web vigilante justice in China draws cry for reform”Web vigilante justice in China draws cry for reform  “Wang Fei's infidelity deeply upset his wife. She wrote of her distress in a diary, and then jumped from their 24th floor balcony.  Her family posted details of Wang Fei's affair on the Internet, angrily blaming him for his wife's suicide. Soon, tens of thousands of Chinese web users knew about Wang Fei.” J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 2

3. T OPIC 1 – “H UMAN -F LESH S EARCH E NGINE ” ( CONT.)  “Many felt incensed, so they revved up a "human-flesh search engine," which is what Chinese Internet users call their Web hunts. They appealed to fellow Chinese to ferret out information about the philandering husband and humiliate him. They posted photos of Wang Fei and details about his job, his car's license-plate number and his national ID number. Even his parents were drawn into the fray.” J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 3

4. T OPIC 1 – “H UMAN -F LESH S EARCH E NGINE ” ( CONT.)  “In April, Duke University student Grace Wang was vilified after she tried to seek a middle ground between pro- and anti-Tibet independence forces on the North Carolina campus. Internet users in China tracked down her parents in Qingdao, dumping feces at their doorstep and forcing them into hiding.” J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 4

5. T OPIC 1 – “H UMAN -F LESH S EARCH E NGINE ” ( CONT.)  How would we analyze the Fei and Wang incidents under US law?  Lawsuits against individual bloggers or information providers  Lawsuits against the ISPs  Sources of law are drawn from the following slide J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 5

6. T OPIC 1 – ( CONT.) T HE L EGAL P ROCESS - A N O VERVIEW 1st Tier - Law Sources 1. US Constitution 2. Federal Statutory Law 3. State Constitution 4. State Statutory Law 5. Local Law Above sources are created by lawmakers and interpreted by courts – Stare Decisis is important regarding precedents 2nd Tier - The Common Law Process  Stare Decisis, or  Overruling Precedent, or  Creating First Precedent Common law is created by and found only in state court opinions J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE, 6

7. T OPIC 2 – V ARIOUS I NTRODUCTORY P RIVACY C ONCERNS (T EXTBOOK PAGES 564-70)  Drug testing for student athletics  See Vernonia School Dist. v. Acton  Employee drug and alcohol testing  See, e.g., DOL, Laws and RegulationsDOL, Laws and Regulations  Genetic Testing  See Genetic Information Nondiscrimination ActGenetic Information Nondiscrimination Act  Polygraph testing J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 7

8. T OPIC 2 – V ARIOUS I NTRODUCTORY P RIVACY C ONCERNS (T EXTBOOK PAGES 564-70)  Biometrics and video surveillance  Surveillance through GPS systems or RFID tags  Personal use of camera telephones  See Exhibit 13.1, page 570 J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 8

9. T OPIC 3 – M ONITORING C OMMUNICATIONS & A CTIVITIES IN THE W ORKPLACE ( TEXTBOOK PAGES 570- 82)  In 1997, Chevron Oil Company settled a lawsuit brought by four employees claiming that Chevron’s internal email system was used to disseminate sexual offensive content, such as “25 Reasons Why Beer is Better than Women”  The settlement - $2.2 million  Source: Ann Carrns, Prying Times: Those Bawdy E- mails Were Good for a Laugh-Until the Ax Fell, WALL ST. J., Feb. 4, 2000, at A1 J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 9

10. T OPIC 3 – M ONITORING C OMMUNICATIONS & A CTIVITIES IN THE W ORKPLACE ( CONT.)  Management and legal considerations may prompt monitoring company email messages, employee Internet activities, and other employee behavior  Company concerns include  Reducing risk of legal liability  Protecting assets  Preventing loss of productivity J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 10

11. T OPIC 3 – M ONITORING C OMMUNICATIONS & A CTIVITIES IN THE W ORKPLACE ( CONT.)  According to a recent survey of US companies 76% monitor employee web surfing 55% monitor company email 36% monitor activities on employee computers including screen shots and keystrokes  Source: American Mgmt Ass’n & The ePolicy Institute, 2005 Electronic Monitoring & Surveillance Survey 1, 3 (2005) at 1 J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 11

12. T OPIC 4 – M ONITORING C OMMUNICATIONS & A CTIVITIES IN THE W ORKPLACE ( CONT.) Hypothetical  You are fired after your employer discovers an adulterous affair between you and a company customer  The discovery was based on material gained from your MySpace account, your company email account, and your personal Hotmail account  Using Exhibit 13.2, textbook page 574, compare this scenario to Smyth, textbook page 575, Fraser, textbook page 577, and Fischer, Pittman handout page 23 J EFFREY P ITTMAN - C YBERLAW & E-C OMMERCE 12