Law of Privacy provides an overview of legal privacy tools in the United States and the challenges of regulating information privacy in an age when governments, private entities, and individuals all constantly seek and reveal information.
The course starts by examining the philosophical underpinnings of U.S. privacy law, including Warren and Brandeis’s landmark 1890 law review article The Right to Privacy. Subsequently, we will study constitutional privacy protections, federal and state surveillance laws and their application to emerging technologies, statutory privacy protections, tort law, and social norms.
We will also discuss privacy of particular kinds of data, including social media, school, and medical information. The course also examines defenses to assertions of privacy, such as First Amendment free speech rights. In addition, we will incorporate privacy developments in the news as they arise.