16 Va. J.L. & Tech. 1 (2011)

handle is hein.journals/vjolt16 and id is 1 raw text is: VIRGINIAJOURNAL OF LAW & TECHNOLOGY
SPRING 2011                 UNIVERSITY OF VIRGINIA                VOL. 16, No. 1
WHEN TO RESEARCH IS TO REVEAL:
THE GROWING THREAT TO ATTORNEY AND
CLIENT CONFIDENTIALITY FROM ONLINE
TRACKING
Anne Klinefelter t
ABSTRACT
Attorney-client privilege, work-product protection, and the attorney's
ethical requirement to protect confidentiality of client information are at risk
from commercial surveillance of online activity. Behavioral advertising,
data aggregation and sale, and government access to commercially
assembled profiles have been denounced as threats to privacy and
confidentiality interests, but the harm to attorney and client confidentiality
is of particular concern. As the legal research and broader information
industries shift from print materials to services on the internet, attorneys
cannot simply avoid the online environment to protect confidentiality. This
article examines the risk from tracking of online legal research and draws
two conclusions: 1) Lawyers must take reasonable precautions to protect
confidentiality of internet-based research; and 2) Reasonable precautions
are elusive due to the constant evolution of tracking technologies and
practices, so attorneys should work collectively to update best practices and
C 2010 Virginia Journal of Law & Technology Association, at http://www.vjolt.net. Use paragraph
numbers for pinpoint citations.
T    Anne Klinefelter is Associate Professor of Law and Director of the Law Library at the University
of North Carolina. Thanks go to participants in the 2010 Privacy Law Scholars Conference for helpful
suggestions, especially Michael Zimmer and Mary Minow. Thanks also to Ann Clifford Green, John P.
Tomaszewski, Elizabeth Johnson, and especially Michael Dorman for helpful conversations on the topic and
to Maxine Eichner and Robert C. Mosteller for comments that helped improve the article. Research assistants
Michelle Humphries and Ann McKay provided excellent support in the early development of this project,
and Dave Hansen provided superlative assistance in the final stages. The author is indebted to the library
staff at the Kathrine R. Everett Law Library for their support.

VIRGINIA JOURNAL OF LAW & TECHNOLOGY

Vol. 16

No. 01

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?