From: Aaron Titus (privacyaarontitus.net)
Date: Tue Sep 09 2008 - 17:07:04 CDT

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Henry,
Protecting SSNs under IP law (namely Trade Mark and Trade Secret) is an
interesting concept. Are you aware of any instances where a court has
considered those theories? SSNs seem only marginally analogous to trade
marks or trade secrets. And the theory doesn't seem to cover at least the
main issue in the Ostergren case, namely the government's ability to
prohibit re-publishing information already placed in the public domain.

Perhaps it would begin to address a third party's right to re-publish a
(presumably) private Social Security Number; or even a person's right to
stop his personal information from entering the public domain, remove it
once it's there, or hold a third party accountable for its unauthorized
publication.

-Aaron

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