1 Protecting Privacy, the Social Contract
Protecting privacy, the social contract, and the rule of law in the Virtual World Matthew Sundquist∗ Introduction and Framework Explanation I. Valuing Privacy and Determining When to Respond II. Compounding Privacy Problems: Rational Choice Theory and Technological Growth III. Legal Guidance for Privacy A. Precedents B. Statutory Guidance C. Analysis D. Looking Ahead IV. Case Study of FTC Enforcement A. Solution: Enhanced Enforcement B. Coalition Solutions C. Lessons from the Collaboration against SOPA D. Conclusion A host of laws and regulations engage with the legal,1 technological,2 and social3 meanings4 of privacy. In a country of more than 300 million people and plentiful law enforcement officers, there is ∗ Matthew Sundquist is a graduate of Harvard College. He is the Privacy Manager at Inflection, and a Student Fellow of the Harvard Law School Program on the Legal Profession. This paper represents the opinion of the author. It is not meant to represent the position or opinions of Inflection. For their thoughtful advice and suggestions, I am grateful to Allison Anoll, Beth Givens, Bob Gellman, Bruce Peabody, Christopher Wolf, Erik Jones, Jacqueline Vanacek, James Grimmelmann, and Orin Kerr. For their support in writing this paper and friendship, I am grateful to Brian and Matthew Monahan. 1 The term legal has different definitions in relation to privacy. • For a discussion of privacy as a principle in law, see Julie M. Carpenter & Robin Meriweather, Brief Amicus Curiae of the DKT Liberty Project in support of Petitioner, Kyllo v. United States, 533 U.S. 27 (2000); Ken Gormely, One Hundred Years of Privacy 4 Wisconsin Law Review 1335 (1992); Samuel D.
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