Article by Xuan-Thao N. Nguyen
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.
About the Author
Xuan-Thao N. Nguyen. Associate Professor of Law, Southern Methodist University, Dedman School of Law. J.D. Northeastern University School of Law; B.A. Oberlin College. Intellectual Property Associate, Fried, Frank, Harris, Shriver & Jacobson (New York City); Intellectual Property Associate, Pryor, Cashman, Sherman & Flynn, LLP (New York City).
Citation
78 Tul. L. Rev. 553 (2004)