People believe that privacy violations should be punished — and quite stringently. There are interesting survey results in a new report by Chris Hoofnagle, Jennifer King, Su Li, and Joseph Turow, How Different are Young Adults from Older Adults When it Comes to Information Privacy Attitudes and Policies?
The report focuses primarily on comparing the attitudes of the young with older people and concluding that there isn’t much of a divergence. I blogged about it here.
I blogged about City of Ontario v. Quon a few days ago, and I want to raise another important issue in the case, one my colleague Orin Kerr has astutely pointed out. The case is on appeal to the U.S. Supreme from the 9th Circuit: Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892 (9th Cir. 2008). The case involves whether employees at a police department have a reasonable expectation of privacy in the contents of their text message communications made from pagers while on the job. In my previous post, I addressed this issue, which involves how to interpret the city’s monitoring policy (it had a general written policy for computer use but a set of informal practices for texting that were different).
The Supreme Court will soon hear arguments in City of Ontario v. Quon, an important Fourth Amendment case involving the privacy of electronic communications in the workplace.
I can’t help but note that there are quite a few cases on the U.S. Supreme Court calendar involving privacy law:
For quite a long time, extensive empirical work in psychology, sociology, and behavioral economics has been revealing that many of the law’s most cherished rules are faulty. They are based upon mistaken assumptions about human behavior. They are often flat out wrong. And yet they persist.
In a very interesting case, Saffold v. Plain Dealer Publishing Co., a state court judge (Shirley Strickland Saffold) is suing the Cleveland Plan Dealer for stating that comments posted on the newspaper’s website under the screen name “lawmiss” originated from a computer used by the judge and/or her daughter. Some of these comments related to cases before Judge Saffold.
In response to questions after giving a speech, Chief Justice Roberts expressed how he generally ignores legal scholarship. According to the WSJ Blog:
Roberts said he doesn’t pay much attention to academic legal writing. Law review articles are “more abstract” than practical, and aren’t “particularly helpful for practitioners and judges.”
Professor James Grimmelmann likes to shop at Kohl’s. So much so that he applied for credit at Kohl’s. And he got it.
The problem is that James Grimmelmann didn’t really apply for anything. It was an identity thief.Continue Reading
Over at WSJ Blog, Ashby Jones contacted Robert Morse to get his reaction to my post about how raters should fill out the US News law school rankings forms:
We caught up with Bob Morse, the director of data services for U.S. News, who said in his estimation, the 1-5 options generally speaking matched up with the level of knowledge held by the raters. “We’ve felt that the level of judgment isn’t granular enough to provide a wider scale.”
He also said that because the survey reports the results of the reputation question out to the tenths place, “we’re actually publishing it on a scale of 50; the results average out to be more granular.”
For quite some time, I’ve been relying on the blog Pogo Was Right to keep up to date on privacy news.