The closest U.S. privacy law comes to a legal doctrine akin to copyright is the appropriation tort, which prevents the use of someone else’s name or likeness for financial benefit. Unfortunately, the law has developed in a way that is often ineffective against the type of privacy threats now cropping up. Copyright primarily functions as a form of property right, protecting works of self-expression, such as a song or painting. To cope with increased threats to privacy, the scope of the appropriation tort should be expanded.
Instead of using scare tactics and statistics that are misleading, we must paint a realistic picture and use statistics appropriately. Rather than pass legislation that puts constraints on schools, Congress needs to fund online safety education and public awareness campaigns that show the true picture. "You can't get there from here." it's not just the punch line of a driving direction joke. For educators, whose destination is the realization of educational technology's potential, that punch line sometimes seems closer to the truth than we like.
