Chapter 10 privacy and internet law

Reasonable expectation of privacy

1. Actual, subjective expectation of privacy-bathrooms, personal email. 2. Society accepts the persons expectation of privacy as reasonable. Courts have held that employees do not have a reasonable expectation of privacy in the work place. A government employer has the right to review its employees electronic communications for a work related purpose, if the search was justified at its inception.

An employer has the right to monitor workers electronic communications if

1. The employee consents 2. The monitoring occurs in the normal course of business. 3. In the case of email if the employer provides the computer system. 4. An employer has the right to monitor electronic communication even if it doesn't relate to work activities. 5. Employers can not access an employees social media through trickery or coercion.

electronic communications privacy act of 1986

A federal statute that prohibits unauthorized interception of, access to, or disclosure of wire and electronic communications

Chaney v. Fayette county public school district

Chaney sued, arguing that she had a reasonable expectation of privacy of her Facebook picture. The supreme court has consistently held that a person has no legitimate expectation of privacy in information voluntarily turned over to third parties. (There is no violation of the 4th amendment and therefore the case is dismissed.)

Wiretap act

Makes it illegal to interrupt or record face to face oral communications and telephone calls during their transmission. Also prohibits disclosing the contents of an illegal recording. Does not protect every conversation: 1. If one party to the conversation consents, secret recording is legal under federal law. 2.Businesses may monitor conversations with their customers in the ordinary course of business provided they give notice. 3. wiretap laws only protect those with a reasonable expectation of privacy in the conversation.

Big data

Online retailers collect their customers personal data. Data mining leads to behavioral marketing-Involves inferring needs and preferences from a consumers online behavior and then targeting related advertisements to them.

Critics of privacy

Outdated and overrated, "if consumers really cared about it, they would share less information online.

Public disclosure of private facts

Prohibits the unjustifiable revelation of truthful but secret information. 1. The defendant made a public disclosure: must have divulged the info to a number of people. 2. The disclosed facts had been private: must prove a reasonable expectation of privacy 3. The facts were not a legitimate concern to the public. 4. This disclosure is highly offensive to a reasonable person.

4th amendment

Prohibits unreasonable searches and seizures. The court asks whether a person had a reasonable expectation of privacy.

Foreign intelligence surveillance act

Sets out the rules that limit the use of electronic surveillance to collect foreign intelligence. 1. To spy on people located in the united states who are communicating abroad, the government does not need a warrant but it must obtain permission from a secret foreign intelligence surveillance court. 2. Government agencies must delete irrelevant and personally identifying data before providing it to other agencies. 3. The government must notify defendants if the evidence used against them was gathered by FISA surveillance.

Ehling v. Monmouth-Ocean Hospital Service Corp.

The privacy settings on Ehling's Facebook page limited access to just her friends. The court finds the plaintiff has stated a plausible claim for invasion of privacy, considering she actually took steps to protect her Facebook page from public viewing.

Intrusion (tort)

The tort of intrusion requires the plaintiff to show that the defendant, intentionally intruded, physically or otherwise, upon the solitude or seclusion of another or on his private affairs or concerns, in a manner highly offensive to a reasonable person.

Tort

a wrongful act or infringement of a right leading to civil legal liability

surveillance and discrimination

employers monitor what their employees and job applicants do and say. Intrusion into an employees personal life may lead to discriminatory practices. This is legal only when its content points to illegality or fraud.

stored communications act

prohibits unauthorized access to or disclosure of stored wire and electronic communications. (email, voicemail, social media) 1. any intended recipient of an electronic communication has the right to disclose it. 2. Internet service providers are prohibited from disclosing electronic messages to anyone other than the addressee.

The internet of things

refers to the physical objects that are connected to the Internet such as vehicles and even buildings.

Huff v. Spaw

summary judgement was entered for shaw, reasoning that huff did not have a reasonable expectation of privacy in his pocket dialed call, and therefore the wiretap act did not apply.