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4 N.Y.U. J. Legis. & Pub. Pol'y 439 (2000-2001)
The Way the "Cookies" Crumble: Internet Privacy and Data Protection in the Twenty-First Century

handle is hein.journals/nyulpp4 and id is 445 raw text is: THE WAY THE COOKIES CRUMBLE:
INTERNET PRIVACY
AND DATA PROTECTION IN THE
TWENTY-FIRST CENTURY
Rachel K. Zinniernzan*
INTRODUCTION
Upon entering the doors of New York University School of Law,
one finds the following words engraved on the wall: Freedom and
Justice Through Law. For hundreds of years, members and non-
members of the legal profession have generally assumed the truth of
these words. In recent years, however, circumstances have drawn into
question the law's ability to assure a level of freedom and justice ac-
ceptable to the American people. This is due, in part, to the difficulty
the law has had responding to technological innovation in the United
States.
Privacy law, in particular, has had difficulty keeping pace with
advances in technology. The changing nature of available technology
presents a continuous challenge to the body of law regulating its use.
From tiny hidden microphones and video cameras' to voice and face
recognition capabilities2 and computerized data banks,3 technology
has enabled people to gather vast amounts of information about an
* Candidate for J.D. degree, 2001, New York University School of Law. I would
like to thank Professor Rochelle Dreyfuss for her insightful contributions, Jonathan
Zimmerman for his technical advice, and Nathan Sevilla and the Journal of Legisla-
tion and Public Policy staff for their outstanding editorial assistance.
1. See Gary T. Marx, Ethics for the New Surveillance, in VIsIoNs OF PvvAC:
PoLIcY CHOICES FOR THE DIGrrAL AGE 39, 40 (Colin J. Bennett & Rebecca Grant
eds., 1999).
2. See Pattern Recognition and Image Processing Lab, Department of Computer
Science and Engineering, Michigan State University, Face Location, at http://biomet-
rics.cse.msu.edu/face_location.html (last visited Feb. 21, 2001) (describing human
face detection method and calling it the first step in a fully automatic face recogni-
tion system); Pattern Recognition and Image Processing Lab, Department of Com-
puter Science and Engineering, Michigan State University, Speaker Verification, at
http://biometrics.cse.msu.edutspeaker.html (last visited Feb. 21, 2001) (describing
mechanics of speaker verification system).
3. See SARA BAASE, A GuT OF FIRE: SOCIAL, LEGAL, AND ETmicL IssuEs IN
CoM PTING 41-43 (1997) (discussing Federal government's maintenance of more
439

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