Law in the Internet Society

Separating Privacy, Secrecy, and Anonymity


Coming to Terms with Encryption

GNU Privacy Guard: Get it if you don't have it, and please read the GNU Privacy Handbook document.

Hal Abelson, et al., The Risks Of "Key Recovery," "Key Escrow," And "Trusted Third-Party" Encryption, 1998

Eben Moglen, So Much For Savages, Comments on Encryption Policy, NYU Law School, November 19, 1998 (revised).

Ronald L. Rivest, Chaffing and Winnowing: Confidentiality without Encryption, April 24, 1998.

David Chaum, Achieving Electronic Privacy, Scientific American, August 1992

Navajo Wins Narrowly:
The Slow Death of Encryption Export Regulation

National Research Council, Cryptography's Role in Securing the Information Society, May 1996

Encryption Export Control Regulations, 15 C.F.R. sect. 742.15, as of January 1, 1999

Anti-virus Software and Info-War, New York Times, January 30, 1997

Head of Cyber-Terrorism Panel Says Encryption Rules May Be Needed, New York Times, November 6, 1997

John Markoff, White House May Tighten Data Exports, New York Times, November 24, 1997

Jeri Clausing, Congress Faces List of Internet Issues, New York Times, January 28, 1998.

Jeri Clausing, New Encryption Legislation Billed as a Compromise, New York Times, May 13, 1998.

Jeri Clausing, Encryption Debate Heats Up in Washington, New York Times, June 9, 1998

Carl S. Kaplan, Is Software Like a Can Opener or a Recipe?, New York Times, July 17, 1998

Bernstein v. Dept of State from EFF archive

Jeri Clausing, Lawmakers Renew Encryption Battle, New York Times, February 26, 1999

Jeri Clausing, Senator Ends Opposition to Encryption Software Exports, New York Times, April 2, 1999

Jeri Clausing, Former Allies May Back Different Encryption Bills, New York Times, April 6, 1999

Peter Wayner, Court Calls Encryption Rules Unconstitutional, New York Times, May 7, 1999

Steven Lee Myers, Justice Dept. Proposes Bill to Fight Computer Encryption, New York Times, August 20, 1999

John Markoff, A Mysterious Component Roils Microsoft, New York Times, September 4, 1999

Peter Wayner, Why a Small Software Label Raised Eyebrows, New York Times, September 4, 1999

Sara Robinson, News Analysis: Internet Code-Cracking Project Shows Need for Stronger Locks, New York Times, September 6, 1999

Jeri Clausing, Administration Plans to Loosen Encryption Restrictions, New York Times, September 14, 1999

Jeri Clausing, White House Eases Export Controls on Encryption, New York Times, September 17, 1999

John Schwartz, U.S. Selects a New Encryption Technique, New York Times, October 3, 2000

But We're All Still Listening...

Jeri Clausing, New Fight Over Encryption Rules, September 21, 1999

Cyberspace Electronic Security Act of 1999, White House Proposal, September 16, 1999 (published by the Center for Democracy and Technology)

Bruno Giussani, Dutch Law Goes Beyond Enabling Wiretapping To Make It a Requirement, New York Times, April 14, 1998. Please look at the English text of the new Dutch Telecommunications Act linked to the article.

Reuters, Tracking of Swiss Mobile Phone Users Starts Row, InfoBeat, December 28, 1997

Stephen Labaton, New Rules Expand Ability of Police to Monitor Talk on Cell Phones, New York Times, August 28, 1999

Niall Mckay, European Parliament Debates Wiretap Proposal, New York Times, May 7, 1999

John Markoff, U.S. Drafting Plan for Computer Monitoring System, New York Times, July 28, 1999

Tim Weiner, Author of Computer Surveillance Plan Tries to Ease Fears, New York Times, August 16, 1999

Declan McCullogh, Cell Phone Crypto Penetrated, Wired News, December 6, 1999

Saul Hansell, Phorm’s All-Seeing Parasite Cookie, NY Times, April 7, 2008

Faisal Enayat Khan, Sweden sets sights on new snoop law, The Local, June 11, 2008

Steve Boggan, ‘Fakeproof’ e-passport is cloned in minutes, The Times, August 6, 2008

Laura Margottini, Snoop software makes surveillance a cinch, New Scientist, August 23, 2008

Duncan Graham-Rowe, Road Tolls Hacked, Technology Review, August 25, 2008

Paul Ohm, The Rise and Fall of Invasive ISP Surveillance, University of Colorado Law School, August 30, 2008

Declan McCullagh, U.N. agency eyes curbs on Internet anonymity, Cnet News, September 12, 2008

John Markoff, New Technology to Make Digital Data Self-Destruct , New York Times, July 20, 2009

John Markoff, Universities Spar Over Disappearing Electronic Messages, New York Times, September 21, 2009


Daniel Oberhaus, Your 'Anonymous' Browsing Data Isn't Actually Anonymous, Vice, August 3, 2017

United States v. Horton, No. 16-3976 (8th Cir. 2017)

Arvind Narayanan and Vitaly Shmatikov, Robust De-Anonymizationn of Large Datasets, UT Austin, February 5, 2008

McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999)

Peter Wayner, Traveling the Web Invisibly, Through a One-Way Mirror, New York Times, November 5, 1997

Ian Goldberg and David Wagner, TAZ Servers and the Rewebber Network Enabling Anonymous Publishing on the World Wide Web, First Monday, April 1998

John Schwartz, Corporate Case in Ohio Raises Questions on Internet Anonymity, New York Times, October 17, 2000

Nate Anderson, "Anonymized" data really isn't—and here's why not, Ars Technica, September 8, 2009

Paul Ohm, Netflix's Impending (But Still Avoidable) Multi-Million Dollar Privacy Blunder,, September 21st, 2009

T.C. Sottek, New York state lawmakers challenge anonymous online speech with proposed bill,, May 22, 2012


Tim Cushing, Federal Judge Upholds Magistrate's Ruling, Says Google Must Hand Over Data From Overseas Servers, Techdirt, August 21st 2017

Operando Consortium, Retrieved August 17, 2017.

NIST Crafts Next-Generation Safeguards for Information Systems and the Internet of Things, NIST, August 15, 2017

We Fight for the Users, Dreamhost Blog, August 14, 2017

Julia Carrie Wong and Olivia Solon, US government demands details on all visitors to anti-Trump protest website, Guardian, August 15, 2017

Merritt Baer, Chinmayi Sharma, Your Voter Records Are Compromised. Can You Sue? Theories of Harm in Data-Breach Litigation, Lawfare, August 7, 2017

Jeffrey Rosen, The Eroded Self, New York Times, April 30, 2000

Christine Maxwell and Howard Gutowitz, Data Mining Solutions and the Establishment of a Data Warehouse: Corporate Nirvana for the 21st Century?, First Monday, May 1997

Bill Helling, Web-Site Sensitivity to Privacy Concerns, First Monday, February 1998

Amitai Etzioni, Some Privacy, Please, for E-Mail, New York Times, November 23, 1997

It Isn't Just Big Brother Who Is Watching, CyberTimes, January 12, 1998

Sailor's Case Becomes Privacy and Rights Cause, CyberTimes, January 14, 1998

Sailor Who Has Become a Symbol Wins Delay, CyberTimes, January 16, 1998

Philip Shenon, Navy and America Online Settle Case on Gay Privacy, New York Times, June 12, 1998

Jeri Clausing, Administration Seeks Input on Privacy Policy, New York Times, November 6, 1998

Pamela Mendels, New Serious Side to Child's Play on Web, New York Times, November 26, 1998

Jeri Clausing, Intel Alters Plan Said to Undermine PC Users' Privacy, New York Times, January 26, 1999

Peter Wayner, NEWS ANALYSIS: Debate on Intel Chip Misses Piracy Issue, New York Times, January 30, 1999

Sarah Lyall, A Country Unveils Its Gene Pool and Debate Flares, New York Times, February 16, 1999

John Markoff, A Growing Compatibility Issue in the Digital Age: Computers and Their Users' Privacy, New York Times, March 3, 1999

John Markoff, Microsoft to Alter Software in Response to Privacy Concerns, New York Times, March 7, 1999

Jeri Clausing, Business Group Unveils Plan for Online Privacy, New York Times, March 18, 1999

Matt Richtel, AOL Records Sought on Virus, New York Times, April 2, 1999

Jeri Clausing, Lawmaker Plans Bill to Protect Consumer Privacy Online, New York Times, April 8, 1999

Jeri Clausing, Hearing on Viruses Becomes Debate on Privacy, New York Times, April 16, 1999

Jeri Clausing, New Bill Keeps Online Privacy at Center Stage, New York Times, April 17, 1999

Robert Pear, Future Bleak for Bill to Keep Health Records Confidential, New York Times, June 21, 1999

Joel Brinkley, FTC Says GeoCities Violated Privacy Rules, New York Times, August 14, 1998

Saul Hansell, Big Web Sites to Track Steps of Their Users, New York Times, August 16, 1998

Evelyn Nieves, Privacy Issues Raised in Syphilis Cases Linked to San Francisco Chat Room, New York Times, August 25, 1999

David F. Gallagher, Amazon Tries to Ease Privacy Worries, New York Times, August 30, 1999

Denise Caruso, Digital Commerce: Consumers' Desire for Information Privacy Ignored, New York Times, August 30, 1999

Jeri Clausing, Capital Dispatch: Government Has More Questions for Internet Board, New York Times, November 2, 1999

Sara Robinson, RealNetworks to Stop Collecting User Data, New York Times, November 2, 1999

Sara Robinson, CD Software Is Said to Monitor Users' Listening Habits, New York Times, November 1, 1999

Jeri Clausing, Revised Banking Legislation Raises Concerns About Privacy, New York Times, October 25, 1999

Jeri Clausing, U.S. and Europe Reach Tentative Pact on Personal Data, New York Times, February 24, 2000

Reno v. Condon, No. 98-1464, US Supreme Court, January 12, 2000

Bob Tedeschi, E-Commerce Report: Critics Press Legal Assault on Tracking of Web Users, New York Times, February 6, 2000

Associated Press, Personal Web Data Theft Flourishing, New York Times, September 13, 2000

John Borland, Freenet Re-energizes File-sharing, ZDNet, October 28, 2002.

Julia Scheeres, Librarians Split on Sharing Info, Wired, January 16, 2003

Caroline Mayer, FTC Says Identity Theft Is Rampant, Washington Post, September 4, 2003.

John Leyden, Smart Phone Predicts Owner's Behavior, The Register, November, 25 2004

Constance L. Hays, What Wal-Mart Knows About Customers' Habits, New York Times, November 14, 2004

Saul Hansell, One Subpoena Is All It Takes to Reveal Your Online Life, New York Times, July 7, 2008

Matthew Sparkes, Government proposes email and internet tracking, PCPro, August 13, 2008

Adam Cohen, A Casualty of the Technology Revolution: ‘Locational Privacy’, New York Times, August 31, 2009

Cory Doctorow, WhatTheInternetKnowsAboutYou: your browser is giving away your history, BoingBoing? , September 2, 2009

Nathan Eagle, Inferring friendship network structure by using mobile phone data, National Academy of Sciences, July 1, 2009

Chunka Mui, Facebook's Privacy Issues Are Even Deeper Than We Knew, Forbes, August 8, 2011 (Facial recognition)

Allan Dodds Frank, Lydia Cacho Blasts Facebook, The Daily Beast, October 21, 2011

Every picture uploaded by Facebook users is run through a program called 'Photo DNA' to look for possible matches with offenders. The company saves the data and makes referrals to law-enforcement agencies.          —Joe Sullivan, Facebook

Student Suggestions:

I thought this might be interesting for this topic: -- JasonChan - 11 Sep 2008

On Firefox's new 'Private Browsing Mode': -- JulianDunn - 06 Nov 2008

The Center for Democracy and Technology report on browser privacy modes. -- JoshS - 06 Nov 2008

Google Uses Web Searches to Track Flu's Spread, NYTimes Nov. 12, 2008

-- ElliottAsh - 12 Nov 2008

You’re Leaving a Digital Trail. What About Privacy?, NYTimes Nov. 29, 2008

-- ElliottAsh - 30 Nov 2008

Insurgents Hack U.S. Drones, Dec. 17, 2009 (discussing briefly encryption in the context of Predator drones)

-- BrianS - 17 Dec 2009

"Unthink" social network response to Facebook: - October 25, 2011

-- AlexeySokolin - 28 Oct 2011

"Government agencies and courts sent a total of 5,950 user data requests between January 1 and June 30, 2011, covering 11,057 separate users and accounts. Google said that it fully or partially complied with 93% of them." --

-- SpencerWan - 05 Nov 2011

Facebook Sees 600,000 Compromised Logins Per Day

-- SylviaDuran - 10 Nov 2011

This is an older story but given the advertising value many place on the data Facebook has it's easy to forget that social networks are only a proxy for what you might like. The companies that know where you actually spend your money are in many ways more valuable.

-- JohnStewart - 08 Nov 2012

Found this article on an alternative to Google search: in a more recent Washington Post article.

-- JasonPyke - 12 Nov 2012

Cops to Congress: We need logs of American's test message Cnet, December 3, 2012

-- JohnStewart - 04 Dec 2012

Free Software Foundation, Email Self-Defense - a guide to fighting surveillance with GnuPG encryption

Electronic Frontier Foundation, Surveillance Self-Defense

-- BastiaanSuurmond - 04 Nov 2014

Who Knows What About Me? A Survey of Behind the Scenes Personal Data Sharing to Third Parties by Mobile Apps

-- PatricioMartinezLlompart - 01 Dec 2016

My Phone Was Spying on Me, so I Tracked Down the Surveillants

-- JakeGlendenning - 03 Dec 2020

Great FT opinion: "The metaverse is just the latest incarnation of Las Vegas" by Izabella Kaminska - 27 November 2021 -

-- DanielaWeerasinghe - 29 Nov 2021

One of my favorite books on how things spy on you and how you can fight it short of giving up on all technology:

-- GraceHopper - 04 Oct 2023


I know where you are and I know what you are sharing, exploiting P2P? communication to invade user's privacy


Webs Webs

Attachments Attachments

  Attachment Action Size Date Who Comment
pdf 120925designerwareanal.pdf props, move 26.8 K 28 Sep 2012 - 17:31 CamilleFrancois FTC paper about PC Rental Agent and the "Detective mode" on their rent-to-buy computers
r43 - 04 Oct 2023 - 20:42:48 - GraceHopper
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