73 N.Y.U. Ann. Surv. Am. L. 73 (2017-2018)
Patron Data Privacy Protection at Public Libraries: The Ethical Model Big Data Lacks

handle is hein.journals/annam73 and id is 87 raw text is: 





   PATRON DATA PRIVACY PROTECTION
              AT   PUBLIC LIBRARIES:
  THE ETHICAL MODEL BIG DATA LACKS

                      EMMA   TROTTER*


                    TABLE  OF  CONTENTS
   I.  Introduction...    .............................     73
   II. Big Data Threatens User Privacy, a Vital Pillar of
       Intellectual Freedom    ............................ 74
       A. What  is Privacy?   ............................. 75
       B. How  does Big Data-and   the Way It's Currently
          Regulated-Threaten   Privacy? ..................  76
          1.  Inadequacy of the FIPs .....................  77
          2.  Counter-productivity of COPPA and  FERPA
              in the Public Library Context................ 82
       C. Why  Does Privacy Matter?.....................86
  III. Public Library Values and Practices as Applied to
       Anonymous  Browsing  and Secondary Use............88
       A. Library Values..............................90
       B. Practice #1: Anonymous  Browsing ...............93
       C. Practice #2: Secondary Use ....................   95
  IV.  Public Libraries Can Provide the Ethical Model Big
       Data Lacks by Serving as Personal Data Stores in
       Tomorrow's  Big Data Marketplace .................. 100
   V.  Conclusion        .................................. 107

                               I.
                       INTRODUCTION
    We  live in the information age.' Defining features include the
idyllic: search engines give us instant access to facts on the go, social
media helps us stay connected to friends and professional contacts
throughout  our  lives, and online marketplaces quickly deliver

    * New York University School of Law, cum laude, 2016; Notes Editor, Annual
Survey of American Law, 2015-2016. I would like to thank Professors Ira Rubinstein,
Katherine Strandburg, and Jason Schultz for their advice on this Note. My
colleagues in the Notes Writing Program at Annual Survey-Harry Black, Ameneh
Bordi, Ben Mejia, Georgia Stasinopoulos, and Ashley Sun-also provided
extremely valuable support and suggestions.
    1. See generally MANUEL CASTELLS, THE INFORMATION AGE: ECONOMY, SOCIETY,
AND CULTURE (2d ed. 2010) (analyzing contemporary society's use of information).

                              73


Imaged with the Permission of N.Y.U. Annual Survey of American Law

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