Massachusetts Law About Internet and Online Privacy
Massachusetts Laws
- MGL c.4 s. 7 Definition of Public Record
- MGL c. 66A Fair Information Practices Act
- MGL c.214 s.1B Right to Privacy
- MGL c.214 s.3B Violations of Chapter 66A; Statute of Limitations
- MGL c.272 s. 99 Interception of Wire and Oral Communications
Massachusetts Regulations
- 201 CMR 17: Standards for the Protection of Personal Information of Residents of the Commonwealth
- 801 CMR 3 Privacy and Confidentiality
Federal Laws
- 5 USC 552a Privacy Act
- 15 USC 6501-6506 Children's Online Privacy Protection Act
- 15 USC 6801 Gramm-Leach-Bliley Act [Privacy Rule]
- 18 USC 1030 Computer Fraud and Abuse Act
- 18 USC 2510-2521 Wiretap Act
- 18 USC 2701-2711 Electronic Communications Privacy Act
Federal Regulations
- 16 CFR 312 Children's Online Privacy Protection Rule
- 16 CFR 313 Privacy of Consumer Financial Information
Selected Case Law
In re Doubleclick, Inc., 154 F.Supp.2d 497 (2001). In class action suit brought by Internet users, court decided, among other rulings, that Electronic Communications Privacy Act's protections did not extend to corporation's "cookies".
United States v. Councilman, 418 F.3d 67 (1st Cir., 2005). The Wiretap Act, 18 USC 2511, applies to electronic communications held in storage.
Other Web Sources
Children and Privacy Online, Federal Trade Commission.
Electronic Frontier Foundation. A nonprofit organization "working to protect your digital rights". Information pages range from blogger rights to copyright to privacy and the USA Patriot Act.
Frequently Asked Questions about the Children's Online Privacy Rule, Federal Trade Commission. Includes general information, parents' rights, schools and libraries, and more.
Implementing the Children's Online Privacy Protection Act: A Federal Trade Commission Report to Congress, Federal Trade Commission, February 2007.
OnGuard Online, "OnGuardOnline.gov provides practical tips from the federal government and the technology industry to help you be on guard against Internet fraud, secure your computer, and protect your personal information."
Privacy Foundation. Has a legal database updated by law students at the University of Denver College of Law.
Privacy Rights Clearinghouse. A California-based organization formed in 1992. Web site has many fact sheets and organization maintains a toll-free hotline to provide advice to consumers about their rights.
Print Sources
Internet and Online Law, by Kent D. Stuckey, et al., Law Journal Seminars-Press, loose-leaf.
Internet Law and Practice, West Group, 2002-.
Internet Law and Regulation, Pike & Fischer, loose-leaf, see chapter entitled "Privacy".
Law of the Internet, by Lawrence Street, Lexis-Nexis, loose-leaf, Chapter 2.
"Privacy and the Internet" by Hill B. Wellford, III and Victoria Shapiro, Internet Law and Regulation Special Report, Internet Law & Regulation, Pike & Fischer, c2003. 24 p.
"The Scope of Federal Protection of Electronic Communications in the First Circuit," Boston Bar Journal, Jan.-Feb. 2006, pp. 24-27.
Organizations
Electronic Privacy Information Center (EPIC)
1718 Connecticut Ave., NW, Suite 200
Washington, DC 20009
202-483-1140
A public interest research center in Washington DC, established in 1994. Its web site includes resources and guides with bill tracking of federal legislation and The EPIC Alert, a newsletter concerning civil rights in the information age.
Federal Trade Commission's (FTC's) Privacy InitiativeCRC-240
Washington, DC 20580
1-877-FTC-HELP or 1-877-382-4357 (toll-free)
Web site offers copies of the FTC's Online Privacy Reports to Congress; a brochure entitled A Consumer's Guide to Travel in Cyberspace; and information regarding identity theft.