Syllabus/Calendar: Fall, 2017
FSEM 100: Post 9/11 America and the Death of Privacy
Section: 34603
Units: 2
Days: Wednesday, 12-1:50 p.m.
Room: VKC 257
Instructor: Jonathan Kotler
Contact Numbers: email: ; campus phone: (213) 740-9944
Office: ASC 202A
Office Hours: Monday, Tuesday: 9:30 a.m.-12:15 p.m.; Wednesday: 9:30 -11:30 a.m.
And by appointment.
Introduction:
There is a lot of talk about privacy in America today—as would befit the country that invented the concept of personal privacy as a protectable right—and yet, it seems, the more we talk about it, the less we have.
Certainly, when measured against the protection of privacy in the developed world—and the European Union particularly—we don’t have much.
How come?
The answer to this question will be the focus of this seminar, and, hopefully, by the time we have concluded, you’ll realize the truth in the words of cartoonist Walt Kelly’s furry comic strip character Pogo (the possum), who, famously said, “We have met the enemy, and he is us.”
Think not?
O.K. How many of you have disabled the GPS devices on your smart phones? Or the cookies on your computer? Or did not click “I agree” or “I accept” the last time you downloaded a new piece of software or a new app?
And the tragedy that was 9/11 only exacerbated this process.
In the aftermath of the terrorist attacks on the United States, the American people wanted assurances that our government was doing everything possible to make us safe and in doing so, would prevent a repeat of what had happened that awful Indian summer morning early in a new century that began with so much promise for the future. Forget, for the moment, that absolute protection against terrorism is impossible…………just ask Julius Caesar, Abraham Lincoln, William McKinley, the Archduke Ferdinand, John F. Kennedy, Ronald Reagan or, more recently, innocent moviegoers in Colorado and Louisiana, or vacationers in Tunisia, travelers in Brussels and Istanbul, shoppers in Nairobi, or ordinary folks out for an evening’s entertainment in Paris or Manchester or Dhaka or London, people attending a Christmas party in San Bernardino, or schoolchildren in Newtown, Connecticut, among others.
As a result, what we got was not the absolute protection we pleaded for. What we got was the illusion of protection, and as time goes on, even that illusion is proving, well, illusory.
Case in point: the kabuki-like security theater we engage in before getting on an airplane since 9/11. Yes, we have to take off our shoes at the airport before we fly. And for sure, don’t bring toothpaste of a certain size on the plane with us. (Or, God forbid, a bottle of water, unless purchased AT the airport after we pass through security.) But as recent, and, unfortunately, continual, reports in the press have made clear, the TSA is about as effective at stopping terrorism threats as were Lincoln’s bodyguards. Which is about what you’d expect from folks who, in reality, are really one career move away from instead of asking us to remove our belts would be asking us instead, “You want fries with that?”
Security theater.
Indeed, immediately following 9/11, when the government security apparatus (along with the corporations who had much to gain from supplying the government) were just gearing up, worried civil libertarians were asking, “How much liberty would you give up in the name of security?” Most Americans, ignoring the words of Benjamin Franklin, replied that they’d give up whatever was asked of them. “Just make us safe,” they pleaded.
Two centuries earlier, Franklin had said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
Wise man, that Franklin.
Unfortunately, in the years since 9/11, our government has created what is, in essence, The Surveillance State. British novelist George Orwell had missed it by more than a quarter of a century, but essentially, he got it right.
And it will only get worse.
For a thirty year period between the late 1940s and late 1970s, Americans in the millions turned on their televisions to be amused by a hidden camera-reality-comedy show called Candid Camera, which was the brain child of TV pioneer Allen Funt. It’s premise was that you never knew when you’d be caught on camera doing something stupid or embarrassing. Accordingly, its advertising tag line was, “Smile, you’re on Candid Camera.”
Which is a close paraphrase to the words or pictographs that appear on surveillance cameras set up at traffic intersections, department store dressing rooms, and public spaces the length and breadth of this country. And if the omnipresence of surveillance cameras, the stealing of our email, the taking of our telephone metadata, the cataloging of our library records, the hacking into our digital data banks and the use of infrared satellite technology weren’t enough of an intrusion upon what we used to call “our privacy,” well, welcome to the Age of the Drone.
So, why am I not smiling? And more to the point, why are you?
Thus, as we begin this semester’s survey of the state of privacy today, chew on this one: Is there any fact about you—anything at all—that couldn’t be found out by someone—government, terrorist, tech company or lone hacker—using today’s readily available technology?
If you’ve answered in the affirmative, either you’re kidding yourself or the “fact” in question just isn’t that important, which means, in the private sphere at least, that the disclosure of it cannot be made profitable by others.
Calendar:
August 23: Course introduction and short history of privacy as a protectable right
August 30: Surprise video (I’ll bet you’ve never seen this!)
September 6: The Surveillance State; Are we there yet?
September 13: What Happens in Vegas, Stays In Vegas
September 20: National Security: The fallback justification for invasion of privacy
September 27: From the Folks Who Brought You Two World Wars: The Erasure of the Past
October 4: Fame, Politics and Privacy
October 11: Going to court: privacy litigation
October 18: Trial by Social Media, or Cecil’s Revenge
October 25: Presentation and Discussion of Student Essays; Course Roundup and Summary
Course Requirements/Class Format:
For most, if not all of you, this course is an “add on,” signed up for in addition to your “regular” or required courses, taken because of a specific interest, or in the desire to pick up a couple of “free,” no sweat units, which, when taken in conjunction with another Freshman Seminar next semester, will count as a full elective course toward graduation.
I get it. I will try not to have your Freshman Seminar amount to an unreasonable academic burden on top of your already heavy course loads. I know it sounds like a cliché, but learning just for the joy of learning is the best sort of education, and I also believe that the area we will be studying over the next few months is as topical, controversial, and therefore, as interesting as anything around currently. Moreover, because the viewpoints involved in the area of privacy are so fiercely held, it is also a fun topic to attempt to come to grips with. Anyway, together, we shall try.
From my perspective, this is an opportunity to get your feet wet in college, in a collaborative, learning environment with little risk. In fact, the Freshman Seminar experience is a place where you can take risks, be yourselves, and not be afraid to discuss whatever is on your minds. There are few, if any, consequences for so doing. Moreover, your active participation in this class can serve as a foundation and confidence builder as you go forward with your studies at USC. This class is also a seminar, as opposed to a lecture course. That means that rather than listening to an instructor talk for two hours while you take careful notes in expectation of a forthcoming exam or exams, we will instead share and discuss in an informal atmosphere where every member of the seminar is encouraged to participate. When the seminar experience works best, it works because it is truly collaborative.
There will be no course textbook. This is not a history class. The subject matter we shall be reviewing occurs much too quickly for a text book to be of much use before becoming outdated. Instead, you’ll be provided with a series of articles chosen from various respected news sources, sometimes in advance of class (as in the week prior), sometimes, if there’s been a major news story since last we met, during the class itself, where you will be given adequate time to read and digest, before we discuss. But in any event, there’s nothing for you to buy. In other words: no added financial burden.
Each week at the beginning of class, we’ll set aside some time to talk about the previous week’s “privacy events,” as reported in the news. This is a great opportunity for sharing, and the seminar members are strongly encouraged to bring with them to class for discussion articles they have seen and read regarding privacy issues, however tangential they might seem to our scheduled agenda.
But, while your academic responsibilities are minimal, they will require some time and engagement. Specifically, during the course of the semester, each member of the seminar will be responsible for choosing the one story that appears in the news relating to privacy or privacy law and then, once chosen, writing a 3-4 page essay about why this particular story or event will (in your opinion) have the biggest impact on privacy or privacy law over the universe of all other privacy stories that appeared in the news during the same time period (i.e., this semester). Your essay will be due at the start of class on the day of the next to last class meeting (October 18). The following week, at our final class meeting on October 25, you will be expected to talk about your chosen story and to justify your choice before the other members of the seminar. Depending upon the stories chosen, this final class period should provide everyone with much food for thought. Please note that late submissions of your essay will not be accepted. Your grade of Credit/No Credit will be based entirely on the timely turning in of your essay on October 18, the essay itself (including your justification for choosing the event or story you did), and your in-class discussion of same on October 25.
(As must be clear to each of you from the foregoing, the required essay is strictly a matter of opinion, and is not meant to be an example of historical research. There is no way to prove the truth or falsity of your choice. And as the late United States Supreme Court Associate Justice Lewis Powell famously wrote (in the landmark case of Gertz v. Welch), under the First Amendment, “there is no such thing as a false idea.” Which is to say, that opinions are not statements of fact; they belong to the writer alone. So, in choosing your story or event, have some fun, go out on a limb, take a risk. Assuming you can competently justify your choice, there are no consequences. And doing so, will stand you in good stead as your pursue your academic careers here at USC and beyond.
Equity and Diversity:
Discrimination, sexual assault, and harassment are not tolerated by the university. You are encouraged to report any incidents to the Office of Equity and Diversity ( This is important for the safety of the whole USC community. Another member of the university community—such as a friend, classmate, advisor, or faculty member—can help initiate the report, or can initiate the report on behalf of another person. The Center for Women and Men () provides 24/7 confidential support, and the sexual assault resource center webpage ( describes reporting options and other resources.
The Office of Disability Services and Programs:
provides certification for students with disabilities and helps arrange the relevant accommodations.
Emergency Information:
If an officially declared emergency makes travel to campus infeasible, USC Emergency Information ( will provide safety and other updates, including ways in which instruction will be continued by means of Blackboard, teleconferencing, and other technology.
Cell Phone and Computer Use During Class:
One last thing: This class is a “phubbing” free zone. The use of cell phones during class (including the consulting of same to receive messages or send texts) is strictly prohibited. When class begins your cell phones should be turned off and should remain that way until class is over. Repeat violators of this rule will be asked to leave class for the duration of the session during which they are in violation of this rule. As for computer usage, of course you may use yours to take notes during class. But the use of computers to send or receive personal messages or to surf the Web during class is likewise forbidden.
David Carr, the late New York Times journalist and part-time journalism instructor used to including the following language in his course syllabi: “If you text or email during class, I will ignore you as you ignore me. It won’t go well.”
Consider his words as if they were mine.
About Your Instructor:
Jonathan Kotler has been a practicing media law attorney for more than 40 years and has appeared and argued at all levels of the court systems of the United States, including at the United States Supreme Court. A graduate both of the USC Dornsife College of Letters, Arts and Sciences and the UCLA School of Law, Kotler has been a member of the USC School of Journalism faculty for more than three decades. Elected to USC’s Skull and Dagger Honorary Society, he also has been the recipient of the USC President’s Circle Award, and has served both as Dean of the USC Graduate School as well as President of the Western Association of Graduate Schools. His oldest son, Ryan, a graduate of Oberlin College and the Eastman Conservatory of Music, works for Google, Inc., while his youngest son, Brendan, a graduate of the USC Annenberg School (and like his father, of the UCLA School of Law) is an executive with the Westfield Corporation.
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