51 Pages Posted: 24 Oct 2009 Last revised: 23 Feb 2010
Date Written: 2004
Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer information is used as collateral and classified as a general intangible.
Keywords: FTC, privacy, information, database, consumer database, collateral, security, secured financing, general intangibles, internet privacy, e-commerce, data protection,
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