wildercb/PrivacyTextBooks1.2 · Datasets at Hugging Face

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98. U.S. Dep’t of Health, Educ., & Welfare, Records, Computers, and the Rights o f
C itizens xxxii (1973).
99. Doyle v. Wilson, 529 F. Supp. 1343, 1348 (D. Del. 1982).
100. See U.S. General Accounting Office, Social Security: G overnm ent and Com
mercial Use o f the Social Security N um ber Is Widespread (Feb. 1999).
101. Colin J. Bennett, Regulating Privacy: D ata Protection and Public Policy in Eu
rope and the U nited States 47-65 (1992).
102. Privacy and H um an Rights 233.
103. Id. at 48.
104. Roger Clarke, Sm art Card Technical Issues S tarter K it, ch. 3 (April 8, 1998),
available at http://www.anu.edu.au/people/Roger.Clarke/DV/SCTISK3.html.
Clarke observes, “In the context of information systems, the purpose of identifica
tion is more concrete: it is used to link a stream of data with a person.” Roger
Clarke, “Human Identification in Information Systems: Management Challenges
Notes to Pages 123—125
229
and Public Policy' Issues,” 7 Inform ation, Technology, and People 6, 8 (1994), available
at http://www.anu.edu.au/people/Roger.Clarke/DV/HumanID.html.
105. For a history of criminal identification techniques, see Simon A. Cole, Sus
pect Identities: A H istory o f Fingerprinting and C rim inal Identification 4-5 (2001).
106. See generally'John D. Woodward, Jr., Nicholas M. Orlans, & Peter T. Hig
gins, Biometrics: Identity Assurance in the Inform ation A ge (2003) (commenting that
reliable identification improves public safety and the safety of business transac
tions).
107. See Communications Disclaimer Requirements, 11 C.F.R. §110.11 (2005)
(requiring disclaimers on “general public political advertising”). The identification
requirement was originally part of the Federal Election Campaign Act of 1971,
Pub. L. No. 92-225, 86 Stat. 3 (1972) (codified as amended at 2 U.S.C. §§431-456
(2000 & Supp. II 2002)), which required identification for any expenditure with
the purpose of influencing an election. The Court in Buckley v. Valeo held that the
provision can only7 apply' to speech that “expressly advocate [s] the election or defeat
of a clearly' identified candidate.” 424 U.S. 1, 79-80 (1976).
108. 2 U.S.C. §441d(a)(3) (2000 & Supp. II 2002).
109. See Clarke, “Human Identification in Information Systems,” 32-34 (de
scribing proponents of this view).
110. Article 8 of the convention provides for the protection of “the right to re
spect for [an individual’s] private and family life, his home and his correspon
dence.” Convention for the Protection of Human Rights and Fundamental Free
doms art. 8, Nov. 4, 1950, 213 U.N.T.S. 221.
111. B. v. France, 232 ECHR 33, 36, 52 (1992). The science-fiction movie G at-
taca also illustrates these points. Vincent, the protagonist, is linked to his high risk
of developing heart problems, and this renders him unfit for all but the most me
nial jobs. Gattaca (Columbia Pictures 1997).
112. Solove, D igital Person, 1.
113. Clarke, “Human Identification in Information Systems,” 20.
114. Richard Sobel observes, “Identity systems and documents have a long his
tory of uses and abuses for social control and discrimination.” Richard Sobel,
“The Degradation of Political Identity Under a National Identification System,”
8 Boston U niversity Journal o f Science and Technology Law 37, 48 (2002). Indeed,
one of the primary reasons that governments created passports and identity cards
was to restrict movement, alter patterns of migration, and control the move
ments of poor people and others viewed as undesirable. Marc Garcelon, “Colo
nizing the Subject: The Genealogy and Legacy of the Soviet Internal Passport,”
in D ocum enting Individual Identity 83, 86 (Jane Caplan & John Torpey eds., 2001).
115. Sobel, “Degradation of Political Identity,” 49.
116. R. E. Smith, Ben Franklin's Web Site, 41, 43.
117. McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 343 n.6 (1995).
118. Gary Marx notes that anonymity can “facilitate the flow of information and
communication on public issues” and “encourage experimentation and risk taking
without facing large consequences, risk of failure, or embarrassment since one’s
identity is protected.” Gary T. Marx, “Identity and Anonymity: Some Conceptual
Distinctions and Issues for Research,” in D ocumenting Individual Identity, 311, 316,
318; see also A. Michael Froomkin, “Flood Control on the Information Ocean:
Living with Anonymity, Digital Cash, and Distributed Databases,” 15 Journal o f
230
Notes to Pages 125-128
Law and Communications 395, 408 (1996) (“Not everyone is so courageous as to
wish to be known for everything they say, and some timorous speech deserves en
couragement”).
119. One of the most famous examples of an anonymous whistleblower is Deep
Throat, Bob Woodward and Carl Bernstein’s confidential source who helped them
unearth the Watergate scandal. See Carl Bernstein & Bob Woodward, A ll the Pres
ident's M en 71-73, 130-35 (1974).
120. See Julie E. Cohen, “A Right to Read Anonymously: A Closer Look at
‘Copyright Management’ in Cyberspace,” 28 Connecticut Law Review 981, 1012-14
(1996) (arguing that reader anonymity is an important First Amendment value and
that anonymous reading protects people from being associated with the ideas
about which they read).
121. Talley v. California, 362 U.S. 60, 65 (1960); see also Watchtower Bible &
Tract Soc. v. Village of Stratton, 536 U.S. 150, 166-67 (2002) (stating that
anonymity protects people who engage in “unpopular causes”); McIntyre v. Ohio
Elections Comm’n, 514 U.S. 334, 341-42 (1995) (“The decision in favor of
anonymity may be motivated by fear of economic or official retaliation, by concern
about social ostracism, or merely by a desire to preserve as much of one’s privacy as
possible”).
122. Hiibel v. Sixth Judicial District Court, 542 U.S. 177, 189,190-91 (2004).
123. Id. at 196 (Stevens, J., dissenting) (quoting id. at 191 (majority opinion)).
124. Franz Kafka, “The Burrow,” in The Complete Stories, 325, 326 (Willa Muir
and Edwin Muir trans., 1971).
125. Jennifer 8 Lee, “Fighting Back when Someone Steals Your Name,” New
York Times, Apr. 8, 2001, §3, at 8.
126. Solove, D igital Person, 110.
127. Janine Benner, Beth Givens, & Ed Mierzwinski, Nowhere to Turn: Victims
Speak O ut on Identity Theft pt. E, §§1, 4 (2000), http://www.privacyrights.org/ar/
idtheft2000.htm.
128. Solove, D igital Peison, 110.
129. Tom Zeller, Jr., “An Ominous Milestone: 100 Million Data Leaks,” New
York Times, Dec. 18, 2006.
130. Lynn M. LoPucki, “Human Identification Theory and the Identity Theft
Problem,” 80 Texas Law Review 89, 94 (2001).

98. U.S. Dep’t of Health, Educ., & Welfare, Records, Computers, and the Rights o f

C itizens xxxii (1973).

99. Doyle v. Wilson, 529 F. Supp. 1343, 1348 (D. Del. 1982).

100. See U.S. General Accounting Office, Social Security: G overnm ent and Com

mercial Use o f the Social Security N um ber Is Widespread (Feb. 1999).

101. Colin J. Bennett, Regulating Privacy: D ata Protection and Public Policy in Eu

rope and the U nited States 47-65 (1992).

102. Privacy and H um an Rights 233.

103. Id. at 48.

104. Roger Clarke, Sm art Card Technical Issues S tarter K it, ch. 3 (April 8, 1998),

available at http://www.anu.edu.au/people/Roger.Clarke/DV/SCTISK3.html.

Clarke observes, “In the context of information systems, the purpose of identifica

tion is more concrete: it is used to link a stream of data with a person.” Roger

Clarke, “Human Identification in Information Systems: Management Challenges

Notes to Pages 123—125

229

and Public Policy' Issues,” 7 Inform ation, Technology, and People 6, 8 (1994), available

at http://www.anu.edu.au/people/Roger.Clarke/DV/HumanID.html.

105. For a history of criminal identification techniques, see Simon A. Cole, Sus

pect Identities: A H istory o f Fingerprinting and C rim inal Identification 4-5 (2001).

106. See generally'John D. Woodward, Jr., Nicholas M. Orlans, & Peter T. Hig

gins, Biometrics: Identity Assurance in the Inform ation A ge (2003) (commenting that

reliable identification improves public safety and the safety of business transac

tions).

107. See Communications Disclaimer Requirements, 11 C.F.R. §110.11 (2005)

(requiring disclaimers on “general public political advertising”). The identification

requirement was originally part of the Federal Election Campaign Act of 1971,

Pub. L. No. 92-225, 86 Stat. 3 (1972) (codified as amended at 2 U.S.C. §§431-456

(2000 & Supp. II 2002)), which required identification for any expenditure with

the purpose of influencing an election. The Court in Buckley v. Valeo held that the

provision can only7 apply' to speech that “expressly advocate [s] the election or defeat

of a clearly' identified candidate.” 424 U.S. 1, 79-80 (1976).

108. 2 U.S.C. §441d(a)(3) (2000 & Supp. II 2002).

109. See Clarke, “Human Identification in Information Systems,” 32-34 (de

scribing proponents of this view).

110. Article 8 of the convention provides for the protection of “the right to re

spect for [an individual’s] private and family life, his home and his correspon

dence.” Convention for the Protection of Human Rights and Fundamental Free

doms art. 8, Nov. 4, 1950, 213 U.N.T.S. 221.

111. B. v. France, 232 ECHR 33, 36, 52 (1992). The science-fiction movie G at-

taca also illustrates these points. Vincent, the protagonist, is linked to his high risk

of developing heart problems, and this renders him unfit for all but the most me

nial jobs. Gattaca (Columbia Pictures 1997).

112. Solove, D igital Person, 1.

113. Clarke, “Human Identification in Information Systems,” 20.

114. Richard Sobel observes, “Identity systems and documents have a long his

tory of uses and abuses for social control and discrimination.” Richard Sobel,

“The Degradation of Political Identity Under a National Identification System,”

8 Boston U niversity Journal o f Science and Technology Law 37, 48 (2002). Indeed,

one of the primary reasons that governments created passports and identity cards

was to restrict movement, alter patterns of migration, and control the move

ments of poor people and others viewed as undesirable. Marc Garcelon, “Colo

nizing the Subject: The Genealogy and Legacy of the Soviet Internal Passport,”

in D ocum enting Individual Identity 83, 86 (Jane Caplan & John Torpey eds., 2001).

115. Sobel, “Degradation of Political Identity,” 49.

116. R. E. Smith, Ben Franklin's Web Site, 41, 43.

117. McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 343 n.6 (1995).

118. Gary Marx notes that anonymity can “facilitate the flow of information and

communication on public issues” and “encourage experimentation and risk taking

without facing large consequences, risk of failure, or embarrassment since one’s

identity is protected.” Gary T. Marx, “Identity and Anonymity: Some Conceptual

Distinctions and Issues for Research,” in D ocumenting Individual Identity, 311, 316,

318; see also A. Michael Froomkin, “Flood Control on the Information Ocean:

Living with Anonymity, Digital Cash, and Distributed Databases,” 15 Journal o f

230

Notes to Pages 125-128

Law and Communications 395, 408 (1996) (“Not everyone is so courageous as to

wish to be known for everything they say, and some timorous speech deserves en

couragement”).

119. One of the most famous examples of an anonymous whistleblower is Deep

Throat, Bob Woodward and Carl Bernstein’s confidential source who helped them

unearth the Watergate scandal. See Carl Bernstein & Bob Woodward, A ll the Pres

ident's M en 71-73, 130-35 (1974).

120. See Julie E. Cohen, “A Right to Read Anonymously: A Closer Look at

‘Copyright Management’ in Cyberspace,” 28 Connecticut Law Review 981, 1012-14

(1996) (arguing that reader anonymity is an important First Amendment value and

that anonymous reading protects people from being associated with the ideas

about which they read).

121. Talley v. California, 362 U.S. 60, 65 (1960); see also Watchtower Bible &

Tract Soc. v. Village of Stratton, 536 U.S. 150, 166-67 (2002) (stating that

anonymity protects people who engage in “unpopular causes”); McIntyre v. Ohio

Elections Comm’n, 514 U.S. 334, 341-42 (1995) (“The decision in favor of

anonymity may be motivated by fear of economic or official retaliation, by concern

about social ostracism, or merely by a desire to preserve as much of one’s privacy as

possible”).

122. Hiibel v. Sixth Judicial District Court, 542 U.S. 177, 189,190-91 (2004).

123. Id. at 196 (Stevens, J., dissenting) (quoting id. at 191 (majority opinion)).

124. Franz Kafka, “The Burrow,” in The Complete Stories, 325, 326 (Willa Muir

and Edwin Muir trans., 1971).

125. Jennifer 8 Lee, “Fighting Back when Someone Steals Your Name,” New

York Times, Apr. 8, 2001, §3, at 8.

126. Solove, D igital Person, 110.

127. Janine Benner, Beth Givens, & Ed Mierzwinski, Nowhere to Turn: Victims

Speak O ut on Identity Theft pt. E, §§1, 4 (2000), http://www.privacyrights.org/ar/

idtheft2000.htm.

128. Solove, D igital Peison, 110.

129. Tom Zeller, Jr., “An Ominous Milestone: 100 Million Data Leaks,” New

York Times, Dec. 18, 2006.

130. Lynn M. LoPucki, “Human Identification Theory and the Identity Theft

Problem,” 80 Texas Law Review 89, 94 (2001).