A Powerpoint presentation on consumer privacy law for Dr. Lipschultz's Communication Law and Policy course.

1. CONSUMER PRIVACY
ONLINE
SAM PETTO | JMC 8416

2. A BRIEF HISTORY
 Defined legal protection for consumer privacy since the Fair Credit
Reporting Act (1970).
 U.S. Supreme Court first explored informational privacy in a digital
context in Whalen v. Roe (1977).
 From 1998-2012, the Federal Trade Commission made reports to
Congress regarding consumers’ privacy online.
 Today, informational privacy is largely a contractual matter.

3. STATUTE LAW
 Senate Resolution 34 (2017) allows
ISPs to sell internet browsing history,
app usage.
 FTC, FCC signaling move to ‘harms-
based’ approach.
 Strongest new protection coming
from state laws, such as California’s
Online Privacy Protection Act (2013).

4. RECENT CASE LAW
 Spokeo, Inc. v. Robins (2016)
 Sorrel v. IMS Health, Inc. (2011)
 "The implications of Sorrel - that commercial speech potentially can be
considered nothing more than a protected viewpoint, rather than part of a
contractual offering between seller and buyer - along with the holding that
the government may not burden the expression of such viewpoints when
non-commercial speakers are not similarly burdened, appear to be
potentially expansive" (Kerr, 2017, p. 156).
 Citizens United v. Federal Election Commission (2010)

5. LAW REVIEW ANALYSIS
 Common themes: a need for more clarity
and consumer protection.
 The types of data that can be collected
and methods by which it can be used
should be limited.
 Examples: health apps, dynamic pricing
 Support for modified U.S. version of
European Union’s right to be forgotten.

6. CONCLUSION
 Despite public support for increased protection, federal action not
likely in the near future.
 Most significant advances will come on the state level.
 Impact of international policies and laws remains to be seen.