There are 2 components to your grade. Your final exam is technically worth 100% of your final grade. But that isn't entirely accurate. Although your base grade will be determined by your final (we will neither have a midterm nor a mid-semester writing assignment), I can adjust your final grade by 1/3 (from, say, a B to a B+) or even 2/3 for your participation and performance on in-class activities.

1. The privacy torts have been called "insufficient [to protect privacy] in a digital age". With references to specific cases and any other necessary material, make an argument as to why this statement is particularly true for marginalized populations, including women, Black, Latinos/Latinas, members of the LGBTQ community, Indigenous, and other persons of color. In so doing, identify no fewer than three reasons to support your argument, and support each of those reasons with sufficient justification.

2. In what ways is privacy a right of the privileged? Put another way, how is privacy often denied to women, particularly Black women, as well as members of the LGBTQ community, particularly those who are transgender, and other traditionally marginalized groups, including, but not limited to, Indigenous persons and other minority groups)? Give specific examples to support your argument. Why is this the case? What are some of the legal (i.e., doctrinal), social, and policy or political reasons why privacy is often a privilege of those with or adjacent to power?

3. From a privacy perspective, should government decisions--from which potholes get fixed to who gets released on parole--be made by machines based on artificial intelligence and trained on vast data sets? In what ways is the institutionalization of automated decision-making contributing to entrenching racism and other forms of discrimination against marginalized populations? What are the doctrinal and policy implications of your answer. Answer with reference to cases, literatures, and give specific examples.