PRIVACY Carl Hoppe Ted Worthington OUTLINE What is

PRIVACY Carl Hoppe Ted Worthington

OUTLINE • What is privacy? • 4 TH Amendment Rights • Technology Growth and Privacy • Patriot Act. What is it?

WHAT IS PRIVACY? • Privacy - the state or condition of being free from being observed or disturbed by other people. • Key points of Privacy • Freedom from intrusion • Control of information about ones self • Freedom from surveillance. • Other key points that you think should be a part of privacy?

WHAT IS PRIVACY? (CONT. ) • Threats to privacy • Theft of information • Inadvertent leakage of information • Our own actions • Privacy is good vs. Privacy is bad • Development of ideas • Crime, wrongdoing, fraud

WHAT IS PRIVACY? (CONT. ) • What kind of things do people like to keep private? Why? • Personal Information • Business Ideas • Embarrassing Moments • Questionable Acts

THE 4 TH AMENDMENT • The right of the people to be secure in their persons, 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 being seized.

THE 4 TH AMENDMENT • Key points of the 4 TH Amendment • Limits governments ability to search homes and businesses. • Government must have probable cause to seize personal effects, documents, etc. • Government must have warrants to search particular personal effects.

THE 4 TH AMENDMENT (CONT. ) • Potential Problems • Personal information is no longer personal • Cell phones • Social media • Databases • As technology grows, does privacy decrease? • Social media • Extraction of data from phones • Search homes without entering

THE 4 TH AMENDMENT CASE STUDY • US. V. Jones • Police secretly attach a GPS tracking device on a car. • No search warrant. • Use GPS tracker as “labor-saving device”. • Compare it using cell phone tracking to justify no warrant. • Originally convicted with help of GPS tracking data, then later overturned due to violation of 4 TH amendment rights.

THE 4 TH AMENDMENT CASE STUDY • Stakeholders • Police • Antione Jones • General Public • U. S. Government • Businesses

THE 4 TH AMENDMENT CASE STUDY • Police Negative Rights • Right to uphold the law • Right to protect the public • Police Positive Rights • Right to bring justice to criminals • Right to use device to track cell phone position

THE 4 TH AMENDMENT CASE STUDY • Antione Jones Negative rights • Right to expect privacy • Antione Jones Positive rights • Right to run a business

THE 4 TH AMENDMENT CASE STUDY • Businesses Negative rights • Right to expect privacy • Right to protect business actions • Businesses Positive rights • Right to run a business as they see fit • Right to sell to the public

THE 4 TH AMENDMENT CASE STUDY • Consequentialist Solution • Ends justify the means • Police use “iffy” tactic, but catch a drug dealer. • Opinions on this solution?

TECHNOLOGY GROWTH AND PRIVACY • Larger storage capabilities allows companies and businesses to collect data on customers. • The use of the “Filter Bubble” to direct search queries. • Google “BP” search example • Social media Ads

TECHNOLOGY GROWTH AND PRIVACY • Do people really consider their privacy anymore? • • Social media Cell phones • Internet café

TECHNOLOGY GROWTH AND PRIVACY • Examples of violation or potential violation of privacy • Laptop repair situation • Social media as judge of character for job position. • Cell phone applications. Opt in/Opt out.

TECHNOLOGY GROWTH AND PRIVACY CASE STUDY • School Laptop Spying • Lower Marion School District, Philadelphia, PA • School provided laptops for students. • Student was accused of improper behavior via a picture taken by the laptop, at home • School is accused of remote spying via webcam • School settles out of court giving payouts to students families

TECHNOLOGY GROWTH AND PRIVACY CASE STUDY • Stakeholders • Students • School Faculty • General Public • Government

TECHNOLOGY GROWTH AND PRIVACY CASE STUDY • Student Negative Rights • Right to protect privacy • Right to browse internet • Student Positive Rights • Right to use the school provided laptop in comfort of home

TECHNOLOGY GROWTH AND PRIVACY CASE STUDY • School Negative Rights • Right to protect students • Right to protect school property • School Positive Rights • Right to provide laptops to students

TECHNOLOGY GROWTH AND PRIVACY CASE STUDY • General Public Negative Rights • Right to expect computer privacy at home • Right to protect from intrusion on computer • General Public Positive Rights • Right to provide remove spy software

TECHNOLOGY GROWTH AND PRIVACY CASE STUDY • Egoistic Solution • School expels student based on information obtained through spying through webcam. • School is protect from consequences of students actions. • School is trying to find their missing laptops. • What is another solution?

TECHNOLOGY GROWTH AND PRIVACY • Can the growth of technology be good thing for privacy? • Is the growth of technology bad for privacy?

THE PATRIOT ACT. • Signed into Law on 26 October 2001. • Later extended on 26 May 2011. • An act to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.

THE PATRIOT ACT • U. S. A. P. A. T. R. I. O. T. Acronym Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001.

THE PATRIOT ACT • Do you think the Patriot Act is helpful or unfair?

THE PATRIOT ACT • Example of questionable usage of Patriot Act. • Mayfield v. US • Mayfield suspected of terrorism • Phones are tapped • Arrested and not told why • Released from prison • Sues based on violation of privacy

THE PATRIOT ACT • Mayfield’s lawsuit against the Patriot Act • Mayfield was granted permission to pursue legal action against the Patriot Act as part of his settlement. • Court finds that Foreign Intelligence Surveillance Act, which was amended to the Patriot Act was unconstitutional. • Later appealed by Government and overturned based on grounds that Mayfield did not have enough standing.

THE PATRIOT ACT • Example of acceptable usage of Patriot Act. • Lackawanna Six • Drug and counter-terrorism investigators were able to share information, a practice that would not have occurred before the law was passed in 2001.

ACM CODES • 1. 2 • Contribute to society and human well-being • 1. 3 • Be honest and trustworthy • 1. 7 • Respect the privacy of others • 1. 8 • Honor Confidentiality • 2. 8 • Access computing and communications resources only when authorized to do so.

CONCLUSION • What is privacy? • 4 TH Amendment Rights • Technology Growth and Privacy • Patriot Act. What is it?

¿QUESTIONS?

REFERENCES • http: //www. supremecourt. gov/opinions/11 pdf/10 -1259. pdf • http: //en. wikipedia. org/wiki/Filter_ • https: //wikispaces. psu. edu/display/IST 43208/Example+of+a+Cas e+Involving+the+Patriot+Act • http: //articles. latimes. com/2009/oct/21/opinion/la-oew-mcneilsanchez 21 -2009 oct 21