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Table Of Contents

INTRODUCTION
I. PRIVACY ONLINE AND HOW IT IS LOST
1. Opportunity: Where the ISP Sits on the Network
2. Motive: Extraordinary Pressures
b. Google Envy and the Pressure to Monetize
d. Outside Pressures
3. Opportunity: Evaporating Technological Constraints
a. Personal Computer to Pre-Commercial Internet
b. Dawn of the Commercial Internet
c. The Present Day
d. The Future
B. Signs of Change
1. AT&T’s Plans for Network Filtering
2. Phorm
3. Charter Communications and NebuAd
4. Comcast Throttles BitTorrent
C. Forecast
1. Measuring What ISPs Can See
a. Visual Privacy as a Metaphor for Online Privacy
b. What ISPs Can See
2. Comparing ISPs to Other Entities
a. ISPs Compared to Google
b. ISPs Compared to Google Plus DoubleClick
c. ISPs Compared to Spyware Distributors
d. ISPs Compared to Offline Entities
E. Harms
F. Conclusion: We Must Prohibit Complete Monitoring
II. WEIGHING PRIVACY
A. Theories of Information Privacy
B. Analyzing Privacy in Dynamic Situations
1. ISPs Have a Track Record of Respecting Privacy
2. Constraints—and Signs of Evaporation
III. REGULATING NETWORK MONITORING
A. Abandoning the Envelope Analogy
1. No Perfect Anonymization
2. Anonymous Yet Still Invasive
3. Conclusion
C. Reasonable Network Management
1. Network Management Defined
2. Why Providers Monitor
b. Different Networks with Different Priorities
c. The Purposes of Network Management
b. NetFlow
c. NetFlow as a Ceiling on Automated Monitoring
d. Routine Monitoring Versus Incident Response
D. Rethinking Consent
1. Conditions for Consent
2. The Proximity Principle
3. ISPs and Proximity
IV. THE LAW
A. The Law of Network Monitoring
1. ECPA: Prohibitions
a. Few Obvious Answers
b. Wiretap Prohibitions
c. Pen Registers and Trap and Trace Devices Act
d. Stored Communications Act
2. ECPA: Defenses and Immunities
a. Protection of Rights and Property
b. “Rendition of Service”
c. Consent
3. An Entirely Illegal Product Market
4. Assessing the Law
B. Amending the Law
V. WHEN NET NEUTRALITY MET PRIVACY
CONCLUSION
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Published by: Atlantis FB on Oct 12, 2011
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