Program

Name: Marc

Family Name: Rotenberg

Affiliation: President, Electronic Privacy Information Center (EPIC)
Adjunct Professor, Georgetown University Law Center


Personal web-site: www.facebook.com/people/Marc_Rotenberg/594936874

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Short BIO

Marc Rotenberg is Executive Director of the Electronic Privacy Information Center (EPIC) and Adjunct Professor at the Georgetown University Law Center. He frequently testifies before the US Congress and the European Parliament on emerging privacy and civil liberties issues. He often litigates US privacy cases as a “friend of the court.” He has served on expert panels for the OECD, UNESCO, ITU, and the European Commission. He chairs the ABA Committee on Privacy and Information Protection. He is editor of many books, including “Privacy and Human Rights” (EPIC 2008), "The Privacy Law Sourcebook” (EPIC 2008), "Information Privacy Law" (Aspen 2006 with Daniel J. Solove and Paul Schwartz), and “Technology and Privacy: The New Landscape” (MIT Press 1997 with Phil Agre). He is a graduate of Harvard College and Stanford Law School. He is an ABA Fellow and the recipient of several awards, including the World Technology Award in Law.

Title of the presentation

Constructing a Policy Framework for Social Network Services: Distinguishing the Roles and Responsibilities of the Participants

Abstract

Social network sites today are as useful and as important as email and web sites. It is therefore a mistake to discourage the use of these new technology platforms. But as with email and web sites, there are profound privacy issues that need to be addressed. The goal should be to construct a policy framework that provides guidance and direction for new laws, techniques, and practics that will encourage the benefits of social network services and minimize the risks. Understanding the roles of the participants is the critical first step. First, there should be no regulation of data flows between individuals. The exchange of information is the essence of freedom. Concerns should be addressed with public education. Criminal laws may be enforced in the digital world as they are in the physical world. Second, there should be regulation of government (law enforcement and intelligence agencies) information gathering. There should be a legal basis for all government access to personal data and appropriate transparency obligations. Third, there should be regulation of Social Network Service partners, including advertisers and application developers. Efforts should be pursued to promote transparency and minimize the collection of personally identifiable information. Fourth, social network services should be subject to all privacy obligations, particularly with respect to data collection and processing practices that are not obvious to the user. A privacy policy is not an adequate substitute for the user’s ability to actually examine and control the data flow concerning the individual. In conclusion, a robust privacy strategy for social network services should begin with a meaningful assessment of the various participants, their roles and their responsibilities.

On-line publications

Marc Rotenberg, “Online friends at what price? The point of social networking is to share your personal information with the world,” (Sacramento Bee, July 20, 2008), http://www.sacbee.com/110/story/1093983.html

Marc Rotenberg "Privacy vs. Security? Privacy" (Huffington Post, Nov 2007), http://www.huffingtonpost.com/marc-rotenberg/privacy-vs-security-pr_b_71806.html

Marc Rotenberg "Google's proposals on internet privacy do not go far enough" (Financial Times, Sept, 21, 2007), http://www.ft.com/cms/s/0/764c5338-6a32-11dc-a571-0000779fd2ac.html


 

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