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Learn from Success & Missteps of Others Limit & Protect Data Plan Ahead Surprises Are Not Welcome

Digital Books: A New Chapter for Reader Privacy Nicole Ozer- ACLU of Northern California www.aclunc.org; @nicoleozer. If you build it & collect it, they will come knocking Privacy by Design Protect Readers Promote Trust Protect the Bottom Line.

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Learn from Success & Missteps of Others Limit & Protect Data Plan Ahead Surprises Are Not Welcome

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  1. Digital Books: A New Chapter for Reader Privacy Nicole Ozer- ACLU of Northern Californiawww.aclunc.org; @nicoleozer

  2. If you build it & collect it, they will come knockingPrivacy by Design Protect Readers Promote TrustProtect the Bottom Line

  3. 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.

  4. Long History of Constitutional Protections for Reader PrivacyUnited 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."

  5. California Reader Privacy Act (2011)First reader privacy law for the digital worldSupported 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/

  6. California Online Privacy Protection ActAre 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

  7. 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

  8. More information available at www.aclunc.org/techNicole Ozernozer@aclunc.org; @nicoleozer

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