How the Cookie Crumbles – Online Privacy and the Law

This paper discusses the specific threats to personal privacy online, the emerging threats to privacy, effectiveness of current privacy law, and proposes constitutional and statutory remedies.

"This note begins in Part I by identifying the specific threats the Internet poses to personal privacy. Part II discusses whether, and for what reasons, the legislature should be concerned with these threats. Part III evaluates the effectiveness of current methods of protecting privacy. Finally, Part IV proposes a multifaceted solution that includes both constitutional and statutory remedies. The constitutional remedy suggests revising the “reasonable expectation of privacy” test to incorporate concerns about new technology prior to the development of that technology. The statutory remedy incorporates “fair information practices” and relies on European Union legislation for guidance." Note: Dated Material