Digital Books: A New Chapter for Reader Privacy

Nicole Ozer- ACLU of Northern Californiawww.aclunc.org; @nicoleozer

If you build it & collect it, they will come knocking

Privacy by Design Protect Readers Promote Trust

Protect the Bottom Line

Time is now:

(1) know the law & proactively defend reader privacy; (2) update & develop new law to protect reading records;(3) bake in strong privacy protections – information collection/tracking, use/user control, disclosure, and transparency/enforceability.

Long History of Constitutional Protections for Reader Privacy

United States v. Rumley (1953) “Once the government can demand of a publisher the names of the purchasers of his publications . . . [f]ear of criticism goes with every person

into the bookstall . . . [and] inquiry will be discouraged.”

Amazon v. Lay (W.D. WA 2010) "The First Amendment protects a buyer from having the expressive content of her

purchase of books, music, and audiovisual materials disclosed to the government. Citizens are entitled to receive

information and ideas through books, films, and other expressive materials anonymously. …The fear of

government tracking and censoring one's reading, listening, and viewing choices chills the exercise of

First Amendment rights."

California Reader Privacy Act (2011)First reader privacy law for the digital world

Supported by diverse coalition of companies, nonprofits, academics.

(1) Safeguards against government & civil demands for reading records (2) Transparency Reportinghttp://aclunc-tech.org/rpa/index.php/

California Online Privacy Protection Act Are you a website, online service, app?Do you collect PII from Californians?

If yes - prominent privacy policy including what’s collected & with whom may shareNew for 2013- whether 3rd party tracking & how respond to “Do Not Track” requests

Learn from Success & Missteps of Others

• Limit & Protect Data

• Plan Ahead

• Surprises Are Not Welcome

• Be Transparent

• “Let’s Keep the Data Between Us”

www.aclunc.org/business/primer

More information available at www.aclunc.org/tech

Nicole Ozernozer@aclunc.org; @nicoleozer