LEARNING OBJECTIVES

To learn about the various federal statutes that regulate consumer privacy, to understand state regulation of consumer privacy, especially the California Consumer Privacy Act, to learn about how the First Amendment limits privacy statutes.

Length: Approximately 1 hour

Written by: Professors Daniel J. Solove and Paul M. Schwartz

Instructor: Professor Daniel J. Solove

COURSE DESCRIPTION

This course provides an overview of the numerous federal statutes that regulate privacy, including the Cable Communications Policy Act (CCPA), the Video Privacy Protection Act (VPPA), the Children’s Online Privacy Protection Act (COPPA), the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), the Telephone Consumer Protections Act (TCPA), and the CAN-SPAM Act, among others. The course also discusses state privacy laws, including the California Consumer Privacy Act (CCPA).

Although this course can stand alone, it is recommended that this course be taken along with its companion course: Consumer Data and US Regulation Part I: The Common Law and the FTC.

CERTIFICATE
To obtain a broad overview of privacy law, to understand the key issues involved, to learn how privacy law works, and to understand the differences and similarities between various privacy laws. Please note that certificates for the Consumer Data and US Regulation courses will only be provided for people who successfully complete both Parts I and II.

About this Course
Introduction
The Fair Information Practice Principles
Cable and Telecommunications Regulation

Federal Communications Act
Cable Communications Policy Act (CCPA)

Entertainment Records

Video Privacy Protection Act (VPPA)

Video Tape Service Provider
Definition of PII
Disclosure Restrictions
Destruction of Records
Enforcement

Internet Use

Children’s Online Privacy Protection Act (COPPA)

Applicability and Scope
Definition of Personal Information
Rights and Requirements
Liability for Third Parties
Enforcement
Safe Harbor
Preemption

Electronic Communications Privacy Act (ECPA)

The Wiretap Act
The Stored Communications Act
ECPA and Consumer Tracking

Computer Fraud and Abuse Act (CFAA)

Applicability and Scope
Enforcement
Violation of Terms of Use

Marketing

Telephone Consumer Protections Act (TCPA)

Do-Not-Call-Lists
Automated Calls, Texts, Faxes, and Other Restrictions
Enforcement

CAN-SPAM Act

Applicability and Scope
Prohibitions
Opt Out
Enforcement
Canada’s Anti-Spam Law (CASL)

State Law

The Wide Array of State Privacy Laws
California Consumer Privacy Act

Scope and Applicability
Individual Rights
Enforcement

The First Amendment

Assisting Users in Opting Out
Restrictions on Disclosure and Use of Personal Data

Conclusion

Required Readings

Handout: Selected List of Federal Statutes
Handout: TeachPrivacy, CCPA Whiteboard

Recommended Readings

Book: Daniel J. Solove & Paul M. Schwartz, Consumer Privacy and Data Protection (Aspen 2nd edition 2018)