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Information Privacy in Cyberspace
Transactions
Jerry Kang*
Cyberspace is the rapidly growing network of computing and communica-
tion technologies that have profoundly altered our lives. We already carry out
myriad social, economic, and political transactions through cyberspace, and, as
the technology improves, so will their quality and quantity. But the very tech-
nology that enables these transactions also makes detailed, cumulative, invisible
observation of our selves possible. The potential for wide-ranging surveillance
of all our cyber-activities presents a serious threat to information privacy. To
help readers grasp the nature of this threat, Professor Jerry Kang starts with a
general primer on cyberspace privacy. He provides a clarifying structure of
philosophical and technological terms, descriptions, and concepts that will help
analyze any problem at the nexus of privacy and computing-communication
technologies. In the second half of the article, he focuses sharply on the specific
problem of personal data generated in cyberspace transactions. The private
sector seeks to exploit this data commercially, primarily for database market-
ing, but many individuals resist. The dominant approach to solving this prob-
lem is to view personal information as a commodity that interested parties
should contract for in the course of negotiating a cyberspace transaction. But
this approach has so far failed to address a critical question: Which default
rules should govern the flow of personal information when parties do not ex-
plicitly contract about privacy? On economic efficiency and human dignity
Copyright © 1998 by Jerry Kang.
* Acting Professor, University of California at Los Angeles (“UCLA”) School of Law.
kang@law.ucla.edu; <http://www.law.ucla.edu/faculty/kang>. For helpful conversations and com-
ments, I thank Rick Abel, Keith Aoki, Stephen Bainbridge, Paul Bergman, Stuart Biegel, Gary
Blasi, Daniel Bussel, Evan Caminker, Ann Carlson, Margaret Chon, Richard Fallon, Catherine Fisk,
Jody Freeman, Robert Heverly, Peter Huang, Kenneth Karst, Ken Klee, William Klein, Stan
Kurzban, Mark Lemley, Larry Lessig, Gillian Lester, Gerald López, David Post, Gary Rowe, Pam-
ela Samuelson, Rick Sander, Gary Schwartz, Paul Schwartz, Seana Shiffrin, David Sklansky, Clyde
Spillenger, Kirk Stark, Richard Steinberg, Eric Talley, Eugene Volokh, John Wiley, Stephen
Yeazell, and Fred Yen. Special thanks go to my colleague Mitu Gulati. Preliminary thoughts were
presented to the 1996 Conference of Asian Pacific American Law Faculty, at UCLA School of
Law, the Junior Faculty Group at UCLA, and the UCLA School of Law Faculty Colloquium. I
thank my research assistants, Philip Lee, Paul Ohm, Jean-Paul Saulnier, and especially John Pado-
van for expert assistance, which was funded by grants from the UCLA Academic Senate, the UCLA
Asian American Studies Center, and the UCLA School of Law Dean’s Fund. As always, the staff
of the Hugh & Hazel Darling Law Library at UCLA was enormously helpful. I worked on some of
the government reports I critique; a full disclosure appears in note 19 infra. I dedicate th

I am at my tolleranc limit -- I need to put up front something very much needed to be reliabel--- if not I die!

https://www.ntia.doc.gov/legacy/ntiahome/privacy/files/CPRIVACY.PDF

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I AM AM AT MY TOLLERANCE LIMIT!

I AM DEMANDING A DOCTOR WHO CAN DISCUSS ANY THING I WANT A DOCTOR AS QUICKLY AS HUMANLY POSSOIBL:E

Generated by James M Driskill on Tuesday, May 31, 2022 at 11:22 PM UTC-07:00
Contains data from January 20, 2009 at 6:26 AM to May 31, 2022 at 10:56 PM

Our HISTORY is ---

I guarantee you sirs - I AM AN OPEN BOOK - No One will step forward to help me!

This is what happened - transfering from again a new reset of my human PRIMARY DOCTOR to an REFERRAL-- I am giving up -- that anything is normal to just get an HIV

Hi, thanks for contacting us. We've received your message and appreciate you reaching out.

You and I NOW FOREVERMORE GOING TO LINK -- - BECAUSE YOU NEED TO FIND ME A WAY TO TREAT MY HIV -- ALL HELLS LOST -

This community should all figure it out and make the EFFORT to RECONCILE to call my mother and apologize

That reflects the position of a REUTERS FACT CHECK:

https://www.reuters.com/article/factcheck-coronavirus-psychology/fact-check-no-evidence-of-pandemic-mass-formation-psychosis-say-experts-speaking-to-reuters-idUSL1N2TN1RE

I placed a new header graphic on the page:

http://hivuntreatable.webdomains.realuphuman.net/fbi.gov/HQ-DIV00/Run-A-Muck-Hate-InfectionHumanityCompromised.html

That might be the needed fix for public awareness. Facebook acklowedges my content at my domains.

County of San Bernardino --- Department of JHealth

Will you do me a favor? Please Realize the world is needing EXPANSIVE EXPRESSIVE TRUTH...

Will you answer a SURVEY for me, please?

https://16mo0chnd70.typeform.com/to/hyjH96CS

Are you just going to pass the silence on?

https://www.facebook.com/SBCPublicHealth/posts/5001740939860013?comment_id=5003490363018404

A very very interesting urgent post.

https://m.facebook.com/story.php?story_fbid=10219531723065786&id=1295702360

This post has an easy sooken vooce narrative audio media -- 11min 01sec

Would you please look forward into receiving my story -- requires linking.

and please follow up back something ot assistance. Or at least empathy.

Help

I need to chat about covid 19 vaccine,

An email sent.

Archived:

http://fuckeduphuman.space/AudioNarratives/@Gruwup-T-e-c-h-n-o-REAL-i-s-m.pdf

Subject:

San Bernardino County health Services : Covid19 Vaccine Request : I sm in qualification group -- NOTICE FIRST PRIORITY: additional details must be put into actioned review AND ASSIGNED COMMITTED ( IN WRITING ) RESOLVES ( No Exception )

from: James Driskill <inthemindway@gmail.com>
Tue, Mar 23, 2021 at 1:06 AM

To: coronavirus@dph.sbcounty.gov

Attached PDf - legal standing comment applied.

http://fuckeduphuman.space/AudioNarratives/@Gruwup-T-e-c-h-n-o-REAL-i-s-m-%5bSelf-Attestation%5d.pdf

Would we like to reassign these data details out of the @FuckedUpHuman space as quickly and as eaey as it can be - obey the law and hold yourselves to a forum of reconciliation ans remedy and resolve ' now or never.

Your very last chsnce to interface a remedy. - without an

EXTRA EXTRA READ ALL ABOUT IT LEADING TO A PUBLIC MASS SPECTICAL MESS.

This is not about getting people into trouble ' but what we have under the rot needs to go bye bye - you will never ever ever convince me you can do it all by yourself. You have done fucked that all up when my interface to Dr. Christmas Berger Twisted sideways. The thoughts I can't get any kind of care still.

Care to have a human heart of compassion and conscience in these matters?

You probably should familair yourself with this soundcloud post:

https://soundcloud.com/gruwup-net/azusa-ca-official-website-request-id2930-community-improvement-requests-full

RE:

#ConspiracyExposedTerminatesASAP
#HIVUntreatable

I need to chat with someone regarding a community affairs issue I am dealing with involving addressed hate in the community of San Bernardino.



I have attempted to have this initiation of a conversation with so far three contacts and they have GHOSTED the messenger chat to not respond to me.