INFO 1200 Final
Notice and consent
def: a fundamental concept in privacy and data protection that outlines the practice of informing individuals about the collection, use, and sharing of their personal information and obtaining their explicit consent before such activities take place. Example: A mobile app collecting user location data for location-based services adheres to the notice and consent principle. It provides a clear notice about the purpose of data collection, its intended use, and potential sharing recipients. Users are then explicitly asked for consent before the app begins processing their location information. Significance: notice and consent form the basis for ethical and responsible data handling, ensuring that individuals are aware of and agree to how their personal information is used.
The First Amendment
Def: 5 freedoms: speech, press, religion, assembly, petition Example: Within the framework of the First Amendment, the clash between freedom of expression and security arises in instances where government surveillance of online communication, intended to preserve public safety, prompts concerns about potential infringements on individual privacy rights. Significance: The significance of this interplay between the First Amendment, privacy, and security lies in the ongoing challenge society faces in finding a delicate balance. It underscores the need to protect individuals' fundamental rights to free expression while also addressing legitimate concerns about public safety, leading to ongoing discussions and debates on how to navigate this delicate equilibrium in the digital age.
Proactive vs reactive content moderation
Def: Proactive: The approach of preventing and filtering inappropriate content before it becomes visible through automated tools, guidelines, and content review. Example: A social media platform uses automated filters to detect and block posts containing explicit language or graphic content before they appear on users' feeds. Reactive: The approach of responding to and addressing inappropriate content after it has been posted or reported by users, often involving user reporting and moderator intervention. Example: A photo-sharing app allows users to report images that violate the platform's terms of service, prompting moderators to review reported content and take appropriate action. Significance: proactive content moderation sets the foundation for a positive online space by preventing the publication of harmful content, while reactive content moderation handles unforeseen situations, user reports, and specific instances of policy violations. The combination of these approaches is key to creating a balanced and effective content management strategy that fosters a thriving digital community.
Section 230 of the Communications Decency Act
Def: a foundational Internet speech law that says that platforms generally may not be held liable for the content posted by users. Example: A concrete example that demonstrates the protections and controversies around Section 230 is when Twitter and Facebook chose to ban former President Donald Trump from their platforms after the January 6th Capitol riots. Specifically, Trump and some Republican lawmakers argued that the bans were unfair censorship and evidence that Section 230 allows too much-unchecked power and political bias among technology companies. They advocated revisions requiring more platform neutrality. Significance: Trump's deplatforming epitomizes Section 230's double-edged sword - permitting swift action on harmful content yet with such unilateral control that it fuels censorship outcries given corporations' power over political online speech. It crystallizes why the law remains disputed, stuck amid tensions between regulation and protecting digital expression.
NetChoice cases
Def: a trade association representing online businesses related to internet regulations and policies Example: NetChoice v. Paxton - A 2022 court case brought by trade associations NetChoice and CCIA challenging a Texas law (HB 20) restricting how social media platforms moderate content. Significance: NetChoice v. Paxton importantly upheld social platforms' First Amendment moderation rights against governmental overreach. It set a precedent reinforcing platforms' protections shaping key terms of the debate. However it does not resolve underlying tensions between speech freedoms and content governance. Achieving equilibrium amid public frustrations remains complex.
Publishers
Def: entities or individuals responsible for disseminating and sharing content, often online. Publishers play a significant role in how information is distributed, and their practices can have implications for user privacy and data security. Example: An example of a publisher in the video game industry is Electronic Arts (EA). Significance: They serve as crucial intermediaries connecting content creators with audiences. They play a fundamental role in funding, distributing, and promoting diverse forms of content, ensuring its reach and impact across various industries such as literature, journalism, academia, and entertainment.
Intermediaries
Def: refer to entities or technologies that mediate, handle, or manage the flow of data and information between different parties, with a focus on protecting privacy and ensuring security. Example: VPNs act as intermediaries that enhance privacy and security for users accessing the internet. It demonstrates how intermediaries can play a crucial role in enhancing privacy and security in the digital space. Significance: Their significance lies in their ability to bridge gaps, reduce uncertainties, and create a framework for smoother, more effective engagements between parties. intermediaries add value by contributing to the efficiency, security, and overall success of various transactions and interactions in different domains.
Sectoral approach to privacy
Def: the practice of addressing privacy concerns and regulations within specific industries or sectors, tailoring privacy requirements and standards to the unique characteristics and challenges of each sector. Example: An example of a sectoral approach to privacy can be found in the healthcare industry with the Health Insurance Portability and Accountability Act (HIPAA) in the United States. HIPAA is a sector-specific regulation designed to safeguard the privacy and security of individually identifiable health information. Significance: the significance of a sectoral approach to privacy is its ability to provide targeted, effective, and feasible privacy protections within specific industries, promoting trust, compliance, and the responsible handling of sensitive information.
Law lag
Define The claim that the law moves too slowly to keep up with the fast pace of technology. Examples: A concrete example of law lagging behind technology when it comes to privacy and data is the issue of online behavioral advertising. Marketers can track users' web browsing activity, combine it with other personal data, and use advanced analytics to target individuals with creepily relevant ads. However, privacy laws have largely failed to address this practice. Significance: It prioritizes business opportunities over user rights. Closing the gap is crucial for creating an ethical and sustainable digital ecosystem that respects both innovation and individual interests.
Regulatory arbitrage
Definintion: strategy where icorporations capitalize on the variations in rules and regulations across different locations. By strategically choosing jurisdictions with more favorable or lenient regulations, they seek to gain advantages such as cost savings, reduced compliance burdens, or favorable tax treatment Example: corporations strategically locating their headquarters or operations in countries with lower corporate tax rates. Significance: It is a strategic tool for businesses to optimize financial outcomes by navigating diverse regulatory environments. They use it to find places with better rules, like lower taxes, to save money and be more competitive. This can affect how companies operate globally and how governments make their rules.
Automated vs manual content moderation
Definition Automated content moderation relies on algorithms and artificial intelligence to assess and filter user-generated content efficiently, while manual content moderation involves human moderators reviewing content to provide nuanced assessments based on established guidelines. Example: An example of automated content moderation is a social media platform using machine learning algorithms to detect and block images containing explicit content. Manual Moderation would be when human moderators who review user comments to ensure they comply with community guidelines. Significance: The significance of automated content moderation lies in its efficiency for quickly identifying and handling large volumes of content, ensuring platforms maintain community standards at scale. On the other hand, manual content moderation is crucial for nuanced decision-making, addressing context-specific concerns, and adapting to evolving community standards, providing a more human touch to content management on online platforms.
General Data Protection Regulation(GDPR)
Definition Regulation that safeguards individuals' privacy by granting them greater control over their personal data and imposing strict requirements on organizations handling such data. Example: An example would be when a medical app revises its user consent process, ensuring explicit permission is obtained before processing sensitive medical data. The app also establishes robust security measures and a streamlined data access request system to comply with GDPR's emphasis on user privacy and data protection. Significance: The Transformative impact on data protection and privacy practices globally. It establishes a unified and robust framework for safeguarding individuals' personal data, fostering a heightened sense of privacy, transparency, and accountability in the digital age.
The Third Party Doctrine
Definition: A legal principle that states that there is no expectation of privacy in information voluntarily provided to third part like companies. Example: An example is phone calls. Because these logs are shared with cell providers, this means the government can access those records without a warrant. Significance: The Third Party Doctrine determines privacy rules for personal data held by companies, implying that sharing with businesses may forfeit privacy rights, possibly allowing government access. Urgency arises in updating rules for government access without warrants, balancing data needs, user trust, and personal rights.
Independent contractor
Definition: a self-employed individual or business that provides goods or services to another entity under the terms of a contract. Unlike employees, independent contractors work for themselves, have more control over their work, and are responsible for managing their own taxes and benefits. Example: A graphic designer. The graphic designer operates as a separate business entity, sets their own work schedule, and is responsible for handling their own taxes and business expense Significance: it describes people or businesses that work on their own, doing specific jobs for others. These workers have the freedom to choose when and how they work, and businesses can hire them for specific projects without taking on the responsibilities of full-time employees. It's a flexible arrangement that affects how people work and how businesses get things done.
Capital P-policy and lower case p-policy
Definition: Capital P-Policy refers to overarching, formalized guidelines at the organizational or governmental level, guiding high-level decision-making and compliance. In contrast, lowercase p-policy denotes specific operational procedures, providing detailed instructions for tasks within an organization and allowing for more flexibility and adaptability. An example of a Capital P-Policy is a company's Data Protection Policy, which outlines the organization's overarching principles and strategies for handling and safeguarding sensitive information in compliance with relevant laws and regulations. Lowercase p-policy: A lowercase p-policy could be an Employee Dress Code policy within the company, specifying detailed guidelines on attire and grooming, providing specific instructions for day-to-day operations and interactions in the workplace. Significance: Capital P-Policies providing strategic direction and compliance adherence, while lowercase p-policies offer specific operational instructions, fostering efficiency and adaptability in day-to-day activities. This distinction ensures a balanced approach to governance, encompassing both high-level principles and detailed procedures for effective organizational management.
Loomis v. Wisconsin
Definition: Eric Loomis challenged the use of a proprietary risk assessment tool called COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) during his sentencing. The case raised constitutional concerns about due process, arguing that using a closed-source risk assessment tool limited the defendant's ability to challenge its scientific validity and accuracy. Example: an example would be Eric Loomis challenging his six-year prison sentence based on the use of the COMPAS risk assessment tool. Loomis claimed that the proprietary and closed-source nature of COMPAS limited his ability to contest the tool's accuracy and scientific validity, thus infringing upon his right to due process. Significance: it challenges the use of the COMPAS risk assessment tool in sentencing, raising questions about due process, transparency, and potential biases in algorithmic decision-making. It impacts future cases and shapes the use of technology in sentencing practices.
Critical infrastructure
Definition: Essential systems vital to a nation's functioning, including sectors like energy, transportation, and healthcare. Example: Data centers and cloud computing infrastructure. Significance: Infrastructures like data centers and cloud computing help with Encrypted messaging apps which help play a crucial role in communication and information exchange, especially in terms of privacy and security.
The Fourth Amendment
Definition: Protects against unreasonable search and seizure Example: A Supreme Court case that dealt with whether police needed a warrant to access cell phone location records that revealed a person's movements over several months. Significance: The Fourth Amendment upholds essential privacy principles and protections against unjustified intrusion that provide guidance on civil liberties as advancing technologies give authorities greater surveillance capabilities and access to personal data;
Deskilling
Definition: Reduction in the skill needed to do a job, due to technology Example: The automation of things on social media. For instance an automation that immediately deletes a post that doesn't follow guidelines. Significance: Tt can lead to increased efficiency and workforce accessibility, it also raises concerns about job displacement, job satisfaction, and the overall quality of work.
The "going dark" debate
Definition: The debate revolves around the challenge law enforcement faces in accessing encrypted communications and data. Example: For instance with the end to end encryption on messaging apps like whatsApp. Significance: Law enforcement argues that such encryption hinders their ability to access crucial communications for investigations, while privacy advocates emphasize the importance of protecting individuals' privacy and cybersecurity.
Privacy federalism
Definition: When the federal government and the state have authority over privacy standards. Example: The federal Children's Online Privacy Protection Act requires parental consent for collection of data on children under 13, while individual states enact their own standards tailored to privacy concerns of local families. This dual system aims to balance broad protections with ability to pioneer stronger localized safeguards. Significance: it allows for privacy rules and standards that are tailored both to broad nationwide priorities as well as specific state-level interests. This creates a complex patchwork of rules for businesses.
COMPAS
Definition: a case management and decision support tool Example: This tool was used in the case Loomis v Wisconsin Significance: Its use sparks debates about the ethical implications of algorithmic decision-making, raising concerns about bias, transparency, and the impact on individual rights within the legal process.
Disparate impacts
Definition: a concept that refers to the unintentional or indirect discriminatory effects of certain algorithms, technologies, or policies on different groups of people. Example: An algorithm that determines what type of people are most likely to commit crimes. The algorithm may reinforce existing stereotypes and biases if it disproportionately targets individuals from certain racial or ethnic groups based on historical data. Significance: its implications for social Justice, fairness, and ethical considerations in the application of technology within the criminal justice system. It calls for a thoughtful and deliberate approach to ensure that technological advancements do not reinforce or exacerbate existing societal inequalities.
End-to-end encryption
Definition: a security measure employed in communication services to protect the content of messages from being accessed by anyone other than the intended recipients Example: An example would be like messenger apps like signal and WhatsApp. When users send messages using these applications, the content of the messages is encrypted on the sender's device and can only be decrypted by the intended recipient's device. Significance: ability to ensure private and secure digital communication by restricting access to message content only to the intended recipients, fostering user trust and protecting against unauthorized surveillance.
Automated eligibility system
Definition: computerized process or software designed to assess and determine an individual's eligibility for a particular program, service, or benefit Example: an online application process for a government welfare program. Applicants enter their personal and financial information into a digital platform, and the automated system uses predefined criteria to assess their eligibility for benefits. Significance: for their efficiency in quickly and accurately assessing eligibility for programs, reducing administrative overhead, and ensuring fair and accessible distribution of benefits.
Cell-site location information (CSLI)
Definition: data collected by mobile service providers about the specific cell tower or towers through which a mobile device connects to the network at a given time. This information can be used to determine the approximate geographical location of the device. Example: In a criminal investigation where law enforcement seeks to track the movements of a suspect. Significance: significant for law enforcement and emergency services as it aids in tracking individuals, responding to 911 calls, and locating missing persons. However, its use raises privacy concerns, necessitating a careful balance between public safety needs and safeguarding individual privacy rights.
Technology's Early Adopters
Definition: individuals or groups who are among the first to embrace and use newly developed or cutting-edge technologies. Example: the first group of consumers who purchased and started using the first-generation iPhone when it was initially released by Apple in 2007. Significance: Their role as influential trendsetters and catalysts for the broader adoption of new technologies.
Apple v. FBI
Definition: involved a legal dispute over the FBI's request for Apple to create a backdoor to unlock an iPhone used by one of the San Bernardino attackers. Example: A criminal using an encrypted messaging app to perpetrate trafficking operations. Law enforcement might seek a court order to compel the technology company to assist in decrypting or accessing the information on the digital device. Significance: This case concerns privacy and security. It shows that there is a need to find a balance between individual privacy rights and law enforcement's need for access to encrypted data.
Safe harbor
Definition: rules or guidelines that protect companies from getting into legal trouble when they are trying to follow the rules but may find it challenging Example: A core example is section 230 of the communications decency act. This protects online platforms like social media sites, forums, and others from liability for content posted by their users. Significance: A safe harbor gives companies protection from lawsuits under certain conditions. This is important because it lets businesses try new ideas without too much legal risk. But companies still have to meet certain standards of good behavior to get that protection. So safe harbors balance innovation and responsibility.
Ghost work
Definition: work performed by a human, but believed by a customer to be performed by an automated process. Example: content moderation on social media platforms, where workers review and filter user-generated content to uphold platform guidelines. Significance: significance of ghost work lies in its role as a fundamental component of the digital economy, providing efficiency and flexibility for companies, but also raising important questions about worker rights, ethical considerations, and the broader transformation of the labor market.
