Privacy & Anonymity Midterm

Katz v. United States (1967), "a reasonable expectation of privacy"

-4th Amendment protects people not places -what a person knowingly exposes to the public even in his own home or office is not subject of the 4th amendment protection, what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected

Katz v. U.S.

-Development of reasonable expectation of privacy -Wiretap phone booth -Rights now extend outside your home -Now the 4th amendment protects people, not places

Smith vs. Maryland

-Someone robs woman -Wire phone & Track license plate & find things in his apt -No reasonable expectation of privacy in the phone numbers you dial in information you turn over

telephone key characteristics, impact of privacy

-Started using telephone for recreational communication - not just emergencies -More personal information getting revealed, landlines so ppl could listen in

logical software

-application layer - you interact with this

reputation (definition, vs. privacy, connection to bourgeois masculinity), example (Burn)

-control over one's good name -The ability to be known as one wished -became a marker of bourgeois masculinity

privacy harms resulting from revenge porn

-harm in being reduced to sexualized body parts -self-censorship to avoid additional harm & disclosure -impact on future relationships

two communities interested in reducing the complexity of publicness, analogies for a conversation on social media

-media (build the content that you generate into their products, ex: tweet in newspaper) -tech companies (business model build on advertising, need to monetize content, geographic tagging photos)

postcard key characteristics, impact of privacy

-no seal - people can see what you're writing, but vague info -does show location though

"revenge porn" (legal definition, the difficulty of designating it as a crime, key elements of an ideal statute and the reasons for their inclusion, the necessity of requiring intent for establishing harms)

-nonconsensual sharing of someone's nude photo/video -hard to designate as a crime because if people consent to have their photo taken it can be counted as someone's right to send it anywhere -ideal statute:

the physical vs. the logical layers of the Internet, the application layer

-physical infrastructure -logical layers

letter key characteristics, impact of privacy

-sealed, but scanned outside of it -lots of potential confidential info

compulsory visibility for slaves: the three pillars of the plantation security system

-written slave pass (needed permission to travel) -slave patrols (check whether you are authorized to be out) -wanted posters for runaways

types of identity knowledge

1. Legal name Only 1 john smith born to same parents at same time 2. Locatability Grants ability to locate and either grant access, deny, etc 3. Traceable pseudonyms Something else to hide your identity besides name Ex: instagram still has your phone number even if you change your name 4. Untraceable pseudonyms Protective policy over information - such as AIDS test positive - given number never give address 5. Pattern knowledge Anonymous in sense you don't know name or location, but stick out than a one time anonymous donor Pick up on behavior patterns 6. Symbols of eligibility/ineligibility Possessions of knowledge- secret passwords Artifacts - tattoos Skills - swimming

rationales for anonymity

1. Obtaining personal information for research in which people may not want to give public answers Studies of sexual behavior 2. To encourage reporting, information seeking, communicating, sharing for conditions that are stigmatizing or can put you at social disadvantage Such as: self help groups for alcohol, drug abuse 3. Protect donors of resources that are necessary but unpopular to prone to labeling Sperm & egg donors Which one of Marx's rationales for anonymity appear to be the strongest for you? Obtain a resource or encourage a condition using means that involve illegality or are morally unfair, but the goal is the lesser evil Ex: Federal Witness Protection Program

the four functions of privacy

1. personal autonomy 2. emotional release 3. self evaluation 4. limited & protected communication

Olmstead v. US

1928 - when the police decide to wiretap this person's house - does the 4th amendment apply? Since the police don't enter the home → they decide it was not an unreasonable home → they just listened

what is public (Dash)

A set of social conventions that we accept as appropriately public

rationales for identification

Accountability Reputation Dues paying just deserts Organizational appetites Bureaucratic eligibility Interaction mediated by space and time Longitudinal research Health & consumer protection Currency of friendship & intimacy Social orientation to strangers

unauthorized use of name and likeness

Citizens ... using celebrities name and likeness to promote product

privacy concerns about computerized databases in the 1970s, protections via the Privacy Act of 1974

Citizens started becoming protective over information that had once been unproblematically public (ex: telephone records) -Privacy act: You should use information only for the uses it was collected for

privacy as a constitutional right (Griswold v. Connecticut, 1965)

Decision about contraceptive uses between married couple -right of privacy

the similarities and differences between using an envelope and using encryption software

Encryption software is like covering emails with an envelope- safety in numbers

Coventional View

Entire legal system is missing certain things bc they are focusing too much on individual people - individualist conception of privacy - Technological solutions - Personally identifiable info. Protected by law

intrusion on solitude

Intruding upon another's solitude or private affairs, physically or otherwise -Paparazzi

the mail covers program, metadata, surveillance of physical mail vs. e-mail, ease of government access

Mail covers program - scans outside of mail Used to only be used if suspected of a crime, now used on everything -Emails are insecure information over insecure channels Big companies spy on emails, NSA searches Government can easily access both

false light privacy

Media presenting a private person in a negative light, making him a public person that people will form an opinion about

telegraph key characteristics, impact of privacy

Message had to go through a third party Privacy compromised

the relationship between the National Security Agency and cryptography, the impact of public- key cryptography on the agency, the proposal for a key registry

NSA lost monopoly of privacy → people can keep their messages private from them

information as a public good, the challenge posed by regulating information

One person's consumption shouldn't make it unavailable to others

primary use of computer networking in the 1960s, key features: packet switching, distributed network, digital communication

Packet switching breaking up information into packet and reassembling them at the end -Distributed network -Digital communication: breaks content down to a series of 1's and 0's

changing social norms around sharing private information (An American Family)

People wanted to be on the reality TV show so they were willing to share their info initially

physical hardware

Physical infrastructure Cables under ocean

informational privacy (vs. confidentiality vs. secrecy)

Privacy is the claim of individuals to determine for themselves when, how, & to what extent information about them is communicated to others

the shift from a property-based to a personality-based conception of privacy in the 20th century

Privacy now covered people not just properties Before people couldn't invade a person's physical property → but could wiretap phone booth Reestablished boundaries

limited & protected communication (four functions of privacy)

Professional advice -Talk to medical professional, therapist, friend, etc. (share of info without others knowing)

4th Amendment

Right of the people to be secure in their persons, houses, papers, & effects, against unreasonable searches & seizures, shall not be violated. No warrants shall issue but upon probable cause → describes place to be searched/person/things" --> Evidence was secured by the use of sense of hearing & that only. No entry into the houses

controversy around the use of the census by the Department of Homeland Security

Sharing data with the census bureau is not compatible with its original purpose of collecting data -difficult to use data to determine a person's current immigration status because individuals can have multiple immigrantion status through their lifetime

surveillance in public in the 1960s-1970s vs. individual protections for privacy (The Conversation)

Surveillance society - a type of social organization that had the collection and scrutiny of personal data as its basic feature and citizenry fundamentally shaped by new capacities to observe, record, and track Individual protections for privacy -

the Computer Fraud and Abuse Act of 1984

This protects you if someone hacks into your computer & steals information about you Anti-hacking statute

the computer (functions, main use vs. the telephone, mainframe vs. personal computer)

Unique machine Ability to manipulate any kind of symbolic information Functions: communication, calculation, control

Privacy Act 1974

You should use information only for the uses it was collected for

pseudonym (definition)

a fictitious name, especially one used by an author

public-key cryptography, how it works, what determines its strength, contemporary applications (Citizenfour, end-to-end encryption)

allows you to contact complete stranger - person decrypts it with their private key -if you know someone's public key you can get into contact with them and send them a message that they open with their private key

state of privacy in large groups

anonymity:in public but unidentifiable (concert) reserve: Establish a zone of privacy in public on an interpersonal level (leave the room, whisper)

emotional release (four functions of privacy)

chance to be yourself -free from social roles you perform during the day

how differential privacy works

changes minor details such as age -there is a balance between accuracy & privacy -this approach safeguards anonymity

the relationship between privacy and citizenship

citizenship = more than legal status full inclusion in a democracy = ability to move freely through social institutions, private as well as public the absence of privacy could work to deny even full citizens equal social standing

instinanous photography key characteristics, impact of privacy

could be taken in public w out consent -put your face in an ad -widely available/easy to use -detective cameras

family privacy in Victorian America, who was it good for, the types of privacy available to women

family privacy vs. individual privacy privacy for women: modesty, seclusion, compelled intimacy (wrong kind) instead of personal privacy and autonomous, private choice

privacy as a civil liberty (purpose and key features of legal protections of privacy)

free citizens from the unlimited surveillance and control that kings exercised over subjects 1800's political thought: Individualism Limited government Liberty linked to private property possible protection under 1st, 3rd, 5th amendment --> 4th = most protection

the representation of full transparency in popular culture (The Circle), how it would work, advantages

full transparancy: public has complete access to your information used cameras in the circle people behave better when they are being watched

public disclosure of private facts

highly offensive publicity of private information

wiretapping (definition, uses - by individuals, by the FBI)

instrument of tyranny intercepting electronic communications

four privacy harms

intrusion on solitude public disclosure of private facts false light privacy unauthorized use of name and likeness

personal autonomy (four functions of privacy)

making decisions on your own about whether or not to go public with certain information

the third-party doctrine, Smith v. Maryland (1979)

man robs woman's house, calls her afterwards. Police traces license plate and puts a "pen register" on his phone without a warrant (captures real-time transactional data/metadata (to, from, how long) No reasonable expectation of privacy in the phone numbers you dial - in information you voluntary turn over to third parties

self evaluation (four functions of privacy)

moral inventory -self-reflection

company's argument for privacy as selfishness/stealing, the argument for transparency as a source of accountability, similarities and differences between this future and the present

privacy - selfishness/stealing experiences from people who cannot experience them -holds you accountable

privacy vs. anonymity

privacy: identity knowledge - informational anonymity: dimension of identifiability vs. non-identifiability/disconnect between oneself & identifiers -social- faceless in a crowd

the changing meaning of privacy, earlier uses of the concept

privatus, privare (latin) = selfishness now= personal autonomy & individual freedom

states of privacy alone/with another person

solitude: voluntary & temporary intimacy: two people who share information & trust (wider society excluded)

solutions to revenge porn:

state law -company policy (companies like FB try and remove/report content but it's back in like a day) -technological (FB: photo matching technology to ensure ppl cant post photos that have previously been reported as Revenge porn)

surveillance

systematic attention to personal details, with a view to managing or influencing the groups concerned

new technologies involved in the communications revolution of the 1870s

telegraph telephone postcard instantaneous photography letter

differential privacy and the 2020 census

the process of slightly altering identifiable information within whole datasets -The census bureau is mandated by law to protect your privacy -produce anonymized estimates of US citizens & non citizens in the country