Expectation of Privacy, and Surveillance Technologies 2.3 The Business and Social Sectors 2.4 Government Systems 2.5 Protecting Privacy: Technology, Markets, Rights, and Law 2.6 Communications Conclusion
from intrusion • Control of information about oneself • Freedom from surveillance Possible Threats • Intentional, institutional uses of personal information • Unauthorized use/release by “insiders” • Information theft and leakage • Our own actions
do in cyberspace is recorded. • Huge amounts of data are stored. • People are not aware of collection of data. • Software is complex. • Leaks happen. • A collection of small items can provide a detailed picture. • Re-identification has become much easier. • If information is on a public Web site, it is available to everyone.
Technologies The 4th amendment states... “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
rights to search our homes and businesses and seize documents and other personal effects. • Requires that the government provides probable cause for search and seizure.
in our homes. ◦ The data resides in huge databases outside our control. • New surveillance technologies allows the government to search our homes without even entering them or search us from a distance without our knowledge 2.2 Why It Doesn’t Matter
wiretaps on telephone lines without a court order. 1967 Katz vs United States Reversed position and says 4th amendment DOES apply to phone conversations 2001 Kyllo vs United States Ruled police could not use thermal-imaging to search homes even if they’re outside
New services with unexpected privacy settings • Do you have the right to be forgotten? Most of the time, these networks keep everything and even if you think you’ve deleted something, it’s still exists in their database but has simply been removed from display.
which holds personal information • ex. arrest records, travel, voter registration, etc • use and misuse of personal information can pose threats to liberty and personal liberty Privacy Act of 1974 • main law about government use of personal information ◦ restricts data to”relevant and necessary” ◦ allows people to access their records and correct inaccurate info ◦ requires agencies to publish notice of records
US Dep Of Education established a database to contain records of every student in college or university ◦ name, gender SS number, loans, etc ◦ help evaluate student ID programs and possibly improve Pros • provide accurate data on graduation rates and college cost • track number of future professionals • can help shape better economic planning Cons • privacy risks; identity theft
ex. bankruptcy records, divorce proceedings • can include sensitive information like SS numbers, address • ease of access depends on making some data accessible to public
Security cards in 1936 • originally exclusive for SS program • 1943 - President Roosevelt required federal agencies to use SSN for records • 1961 - IRS used as taxpayer ID number • 1988 - federal law requires that parent provide SSN to receive birth certificate • used for ID for credit and many other services • insecurity of this number can cause fraud, identity theft, etc
• transform data into a form that is meaningless • data like email, credit card numbers, medical records • ensures privacy of messages and data sent through computer networks How does it work? • the software handles it automatically • decodes encrypted data so the recipient can view • software encrypts credit card numbers when sent to online merchants
negative of against intrusion and interference by government • Problems when using Property Rights for Personal Information: a. some information does not appear to be a transaction but there can still be problems assigning ownership b. ownership of facts would impair the flow of information in society c. whether or not we can own our profiles
of tapping phones were debated most of the 20th century • 1928- Supreme Court ruled it was not unconstitutional • 1934- Communications Act: unless authorized by sender, no person could intercept and divulge a message; no exceptions • 1937 - Supreme Court ruled wiretapping violated Communications Act
ECPA of 1986: wiretapping restrictions to electronic communications, including electronic mail, cordless and cellular telephones, and paging devices. • protects privacy in cyberspace • USA Patriot Act of 2001: weakened ECPA and loosened restrictions on government surveillance and wiretapping • allowed law enforcement to get information easier • some may argue that the Fourth Amendment is being violated
privacy. • Computers simply make new threats possible and old threats more potent. • Privacy can mean: ◦ Freedom from intrusion. ◦ Control of information about oneself. ◦ Freedom from surveillance.