Safeguarding Privacy on the Public Internet

“Safeguarding Privacy on the Public Internet,” published by the New Jersey Law Journal, discusses expectations of privacy when it comes to email and other internet-related activities. The article points out several Supreme Court cases that dealt with expectations of privacy in the second half of the 20th century. The issue now is whether people can have the expectation of privacy when using their email.

“The Supreme Court has not considered whether individuals have a reasonable expectation of privacy in their e-mail. Deirdre Mulligan, a law professor at the University of California at Berkeley, argues they should. In a persuasive law review article, “Reasonable Expectations in Electronic Communications: A Critical Perspective on ECPA,” 72 Geo. Wash. L. Rev. 1557 (2004), she points out that unlike the third-party businesses at issue in Miller and Smith, Internet Service Providers are “mere conduits” for information.”

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