Below you will find pages that utilize the taxonomy term “Privacy”
Search & Seizure
Fair Credit Reporting Act (FCRA)
Fair Credit Reporting Act (FCRA, 1970)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 1681 et seq.)
2) Why It Was Done
The FCRA was enacted to promote accuracy, fairness, and privacy in consumer credit reporting. It regulates how consumer information is collected, used, and shared.
3) Pre-existing Law or Constitutional Rights
Before 1970, credit bureaus operated with little oversight, often compiling inaccurate or secret files on consumers. FCRA established federal rights to transparency and correction.
Roe v. Wade
Roe v. Wade (1973)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Jane Roe (a pseudonym) challenged a Texas law that criminalized most abortions. The Supreme Court ruled 7–2 that the right to privacy under the Due Process Clause of the 14th Amendment encompasses a woman’s decision to have an abortion. The Court established a trimester framework balancing women’s rights with state interests.
Family Educational Rights and Privacy Act (FERPA)
Family Educational Rights and Privacy Act (FERPA) (1974)
1) Link to the Text of the Act
Read the statute (20 U.S.C. § 1232g)
2) Why It Was Done
FERPA was enacted to protect the privacy of student education records and to give parents (and later students themselves) rights to access and control disclosure of those records.
3) Pre-existing Law or Constitutional Rights
Before FERPA, student record privacy was handled inconsistently at the state and local levels. FERPA established nationwide standards for privacy in federally funded schools.
Fair Debt Collection Practices Act (FDCPA)
Fair Debt Collection Practices Act (FDCPA, 1977)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 1692 et seq.)
2) Why It Was Done
The FDCPA was enacted to eliminate abusive, deceptive, and unfair debt collection practices, while ensuring ethical collectors could still recover debts.
3) Pre-existing Law or Constitutional Rights
Before the FDCPA, debt collection was largely unregulated at the federal level, and consumers had few protections against harassment or abuse by collectors.
Electronic Fund Transfer Act (EFTA)
Electronic Fund Transfer Act (EFTA, 1978)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 1693 et seq.)
2) Why It Was Done
The EFTA was enacted to protect consumers in electronic banking transactions, ensuring fair treatment, clear disclosures, and protection against unauthorized transfers.
3) Pre-existing Law or Constitutional Rights
Before EFTA, consumer protections for electronic payments (ATM, debit cards, direct deposit) were minimal. Traditional banking laws didn’t account for new technologies.
Foreign Intelligence Surveillance Act (FISA)
Foreign Intelligence Surveillance Act (FISA) (1978)
1) Link to the Text of the Act
Read the statute (50 U.S.C. § 1801 et seq.)
2) Why It Was Done
FISA was enacted after revelations of widespread domestic spying (e.g., the Church Committee) to regulate government surveillance for foreign intelligence purposes and establish judicial oversight.
3) Pre-existing Law or Constitutional Rights
Prior intelligence gathering relied on executive claims of inherent authority. FISA created a statutory framework with judicial checks, aiming to protect Fourth Amendment rights while enabling national security investigations.
Planned Parenthood v. Casey
Planned Parenthood v. Casey (1992)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Pennsylvania enacted abortion restrictions, including spousal notification, parental consent for minors, and informed consent requirements. The Supreme Court reaffirmed the core holding of Roe v. Wade but replaced the trimester framework with the “undue burden” test: states cannot place substantial obstacles in the path of a woman seeking an abortion before fetal viability.
Communications Decency Act § 230
Communications Decency Act § 230 (1996)
1) Link to the Text of the Act
Read the statute (47 U.S.C. § 230)
2) Why It Was Done
Enacted as part of the Telecommunications Act of 1996, § 230 was designed to promote the growth of the internet by shielding online platforms from liability for most user-generated content while allowing them to moderate harmful material in “good faith.”
3) Pre-existing Law or Constitutional Rights
Before § 230, online platforms risked being treated as publishers and held liable for user posts. This threatened free expression and innovation online. The law built on First Amendment free speech protections but gave platforms explicit legal immunity.
Health Insurance Portability and Accountability Act (HIPAA)
Health Insurance Portability and Accountability Act (HIPAA) (1996)
1) Link to the Text of the Act
Read the statute (42 U.S.C. § 1320d et seq.)
2) Why It Was Done
HIPAA was enacted to improve portability and continuity of health insurance coverage, combat waste and fraud, and protect the privacy and security of patients’ medical information.
3) Pre-existing Law or Constitutional Rights
Before HIPAA, there was no comprehensive federal protection for patient health data. Privacy of medical information was governed by a patchwork of state laws and professional ethics standards.
Technology & Privacy Timeline
Technology & Privacy – Timeline of Key Acts
As the internet and digital economy emerged, Congress passed laws to define the rights and responsibilities of platforms, users, and regulators. This timeline highlights the most important technology and privacy acts still shaping the online world.
Communications Decency Act § 230 (1996)
- Shields online platforms from liability for most user-generated content.
- Encourages moderation of harmful content in “good faith.”
- Foundation of internet free speech law, though highly controversial today.
Children’s Online Privacy Protection Act (COPPA, 1998)
- Restricts websites and online services from collecting data from children under 13 without parental consent.
- Enforced by the FTC, still the main children’s privacy law in the U.S.
Digital Millennium Copyright Act (DMCA, 1998)
- Implemented international copyright treaties and created rules for digital media.
- Established notice-and-takedown system and “safe harbor” for platforms.
- Prohibited circumvention of DRM, fueling right-to-repair debates.
Why It Matters Today
These laws:
Children’s Online Privacy Protection Act (COPPA)
Children’s Online Privacy Protection Act (COPPA, 1998)
1) Link to the Text of the Act
Read the statute (15 U.S.C. §§ 6501–6506)
2) Why It Was Done
With the rise of the internet in the 1990s, Congress passed COPPA to protect children’s personal information online. It restricts websites and online services from collecting data from children under 13 without parental consent.
3) Pre-existing Law or Constitutional Rights
Before COPPA, no federal law specifically regulated the collection of children’s personal information online. COPPA built on consumer protection principles and the right to privacy, placing obligations on businesses rather than children or parents.
Gramm–Leach–Bliley Act (GLBA)
Gramm–Leach–Bliley Act (GLBA, 1999)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 6801 et seq.)
2) Why It Was Done
GLBA was enacted to modernize financial services by repealing parts of the Glass–Steagall Act (1933), allowing banks, securities firms, and insurance companies to affiliate. It also added consumer financial privacy protections.
3) Pre-existing Law or Constitutional Rights
The Glass–Steagall Act had separated commercial and investment banking since the Great Depression. GLBA dismantled that separation and introduced new privacy obligations.
Lawrence v. Texas
Lawrence v. Texas (2003)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Two men were arrested in Texas for engaging in consensual same-sex intimacy under a state sodomy law. The Supreme Court struck down the law, holding that it violated the liberty and privacy rights protected by the Due Process Clause of the 14th Amendment. The Court explicitly overturned Bowers v. Hardwick (1986).
FISA Amendments Act
FISA Amendments Act (2008)
1) Link to the Text of the Act
Read the statute (50 U.S.C. §§ 1881a et seq.)
2) Why It Was Done
The Act was passed to update the Foreign Intelligence Surveillance Act of 1978 (FISA) in response to modern communications technology and post-9/11 counterterrorism needs. It expanded government surveillance powers, particularly for monitoring communications involving foreign targets.
3) Pre-existing Law or Constitutional Rights
FISA (1978) required warrants from the Foreign Intelligence Surveillance Court (FISC) for electronic surveillance. The 2008 amendments created broad exceptions, raising major Fourth Amendment concerns about privacy and warrantless searches.
Genetic Information Nondiscrimination Act (GINA)
Genetic Information Nondiscrimination Act (GINA) (2008)
1) Link to the Text of the Act
Read the statute (42 U.S.C. § 2000ff et seq.)
2) Why It Was Done
GINA was passed to prohibit discrimination in health coverage and employment based on genetic information, addressing concerns raised by advances in genetic testing and research.
3) Pre-existing Law or Constitutional Rights
Prior laws such as the Health Insurance Portability and Accountability Act (HIPAA, 1996) offered some protections but did not specifically cover genetic data. GINA filled this gap.
Cybersecurity Information Sharing Act (CISA)
Cybersecurity Information Sharing Act (CISA, 2015)
1) Link to the Text of the Act
Read the statute (6 U.S.C. §§ 1501–1528)
2) Why It Was Done
The Act was passed to improve the nation’s cybersecurity defenses by encouraging private companies and the federal government to share cyber threat indicators. It was intended to help detect and prevent cyberattacks more quickly.
3) Pre-existing Law or Constitutional Rights
Before CISA, there was no comprehensive framework for private-sector cyber threat sharing. The Act raised concerns about Fourth Amendment privacy rights because of the potential for government access to personal data.
Dobbs v. Jackson Women’s Health Organization
Dobbs v. Jackson Women’s Health Organization (2022)
1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)
2) Summary of the Opinion
Mississippi passed a law banning most abortions after 15 weeks of pregnancy, directly challenging Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). The Supreme Court, in a 6–3 decision, upheld the law and explicitly overruled Roe and Casey, holding that the Constitution does not confer a right to abortion.