The Internet, 2005
As you read, consider the following questions:
1. What company was sued because its Web site 's advertisement placed cookies on the computers of people visiting the site?
2. In what European country was a privacy-protection law used to curtail free speech, according to
Mishkin?
The "right to privacy" has been around since the early part of the last century. It has evolved to apply—more or less—to a disparate array of social and economic issues, ranging from the desire to avoid publicity ( Time v. Hill
) to abortion (Roe v. Wade). The recent explosive growth of Internet use has created its own set of privacy concerns arising from this new medium. By mid-2001, the Federal government already had these major privacy laws on the books:
Fair Credit Reporting Act
Privacy Act
Family Educational Rights and Privacy Act
Right to Financial Privacy Act
Privacy Protection Act
Electronic Communications Privacy Act
Video Privacy Protection Act
Employee Polygraph Protection Act
Telephone Consumer Protection Act
Health Insurance Portability and Accountability Act
Driver 's Privacy Protection Act
Identity Theft and Assumption Deterrence Act
Gramm-Leach-Bliley Act (Title V)
Children 's Online Privacy Protection Act
This laundry list of legislation was in place before the terrorist attacks of September 11, 2001. Until then, debate had centered around what new measures could protect individuals ' private information and communications while online. Now, public opinion regarding the primacy of privacy is dramatically different. The principal developments in the law of online privacy in the past twelve months [2002] have involved the government 's response to the reality and ongoing threat of terrorism, and the American public 's altered attitudes about the proper "balance" between privacy and self-preservation.
How Privacy and Cyberspace Mix
The law of online privacy has focused