STLR Virtual Symposia Privacy and Computer-Mediated Surveillance

PRIVACY AND COMPUTER-MEDIATED SURVEILLANCE

An American Association of Law Schools Symposium held at the University of Miami under the direction of Prof. Michael Froomkin and Prof. Joel Reidenberg of Fordham University.


	Finding (More) Privacy Protection In Intellectual Property Lore, Rochelle Cooper Dreyfuss.
	Rochelle Cooper Dreyfuss explores the potential for using intellectual property law as a source for privacy protection. Prof. Dreyfuss begins with a brief discussion of the development of privacy law since the publication of Warren and Brandeis's The Right of Privacy 100 years ago. She ultimately concludes that while intellectual property law may be used to guard privacy as an economically valuable personal asset, this approach is not the right one to take as "the fit between what intellectual property provides and what privacy advocates want is imperfect."
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	Commercial Profiles vs. Suspect Classifications: Preparing, Preventing, and Parrying Public and Private Profiling, Walter A. Effross.
	Walter Effross discusses the ways in which electronic "tracking" devices from surveillance cameras to "smart cards" are used to construct profiles of individual and group behavior. Effross examines the similarities and differences between traditional criminal profiles and these newer consumer profiles. The author concludes that consumers should be informed when they are being subjected to profiling. The article examines three situations in which profiles may be effectively used and outlines the accompanying disclosures that should be required for each.
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	Cheap Surveillance, Essential Facilities, and Privacy Norms, Lee Tien.
	Lee Tien discusses the implications of cheap electronic surveillance on the development of privacy norms. Given the centrality of privacy "expectations" to the evolution of Fourth Amendment protections, Tien examines the importance of the role played by those who control cheap electronic surveillance in developing privacy norms. Analogizing to anti-trust law, he compares public space to an "essential facility" and concludes that power over resources in the public sphere may distort the development of privacy norms, ultimately having an effect on both Fourth and First Amendment rights.
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	Closed Circuit Television: The British Experience, Nick Taylor.
	Professor Taylor examines the use of Closed Circuit Television (CCTV) in law enforcement in Great Britain. He discusses the marked increase over the past decade in electronic surveillance of public space as a political response to escalating fears about crime. Taylor discusses the potentially discriminatory use of CCTV as a law enforcement technique and the damage that it does to privacy expectations as "[p]ublic spaces are becoming increasingly less public." He recommends several avenues for using legislation and the courts to limit the incursions of electronic surveillance into the lives of Britain's citizens and ultimately points to this as an area requiring serious attention in the public debate.
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