[Politech logo]

Politech is the oldest Internet resource devoted to politics and technology. Launched in 1994 by Declan McCullagh, the mailing list has chronicled the growing intersection of culture, technology, politics, and law. Since 2000, so has the Politech web site.

New Hampshire Supreme Court rules in Amy Boyer privacy case




---

Date: Tue, 18 Feb 2003 11:00:52 -0500
To: declan@well.com
From: Chris Hoofnagle <souvarine@earthlink.net>
Subject: Amy Boyer Decision Released

Hi Declan,

The NH Supreme Court just ruled on five questions of law that will be very
important for the privacy landscape.  You probably remember that this
lawsuit is a civil action against the private investigators who sold Amy
Boyer's personal info to a stalker, who then used it to locate and kill
Boyer.

This case is going to be very important in the national debate on credit
reporting agencies, preemption, and regulation of SSNs.  The fact of the
matter is that better law is coming out of the states than Congress.

*Holds that pretext calling violates the state's consumer protection laws.
*Adopts the appropriation tort for the state.
*Holds that info brokers and private investigators can be liable for the
foreseeable harms that may occur from the sale of personal information.
*Holds that obtaining a SSN from a CRA could constitute intrusion upon
seclusion.

The case now goes back to the federal district court where the merits will
be heard.

Decision:
http://www.courts.state.nh.us/supreme/opinions/2003/remsb017.htm

EPIC's brief:
http://www.epic.org/privacy/boyer/brief.html

EPIC Amy Boyer Page:
http://www.epic.org/privacy/boyer/

Much praise should go to David Gottesman for litigating this case with
expert skill!

C




-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
Declan McCullagh's photographs are at http://www.mccullagh.org/
-------------------------------------------------------------------------
Like Politech? Make a donation here: http://www.politechbot.com/donate/
Recent CNET News.com articles: http://news.search.com/search?q=declan
-------------------------------------------------------------------------




Enter your email address to join Politech, Declan McCullagh's moderated technology and politics announcement list:

Return to politechbot.com