Privacy

1.IRS uses data mining to look for income tax refund. 2.Syndromic surveillance system: Data mining system that searches for patterns indicating outbreak of an epidemic or bioterrorism (911 calls, Internet searches) 3.Predictive policing: Law enforcement using data mining to determine areas that are likely to require additional policing.

US Government Privacy Safeguards and Infringements: Information Processing (3)

1.(EPPA) Employee Polygraph Protection Act: Prohibits employers from using lie detectors. 2.(COPPA) Children's Online Privacy Protection Act: Online services must gain parental consent before collecting info on children < 12 years old. 3.(GINA) Genetic Information Non-discrimination Act: Employers and health insurance companies can't take genes into account.

US Government and Information Collection: Information Collection Safeguards (3) EPPACOPPAGINA

1.Census records (required to ensure fair representation in Congress, also used to find draft resistors and Japanese Americans in WW2) 2.IRS records: require a lot of deeply personal information 3.CCTV cameras (>30 million in US)

US Government and Information Collection: Infringements (3)

1.National security concerns significantly outweighed privacy concerns post 9/11 attacks. 2006 poll showed that: 2.70% of Americans supported expanded camera surveillance. 3.62% supported law enforcement monitoring of Internet discussions. 4.61% supported closer monitoring of banking and credit card transactions 5.52% supported expanded governmental monitoring of cell phones and emails

US Government and Privacy (5)

1.Government policy has a significant impact on individual privacy. 2.Government must balance competing desires: Desire to be left alone/free from surveillance vs. Desire for safety/security 3.Different governments balance these desires differently.

Governments and Privacy (5)

1.Disclosure: Privacy vs. Publicity (seek to maintain personal life and a public face) 2.Identity: Self vs. Other (ability to understand/anticipate how actions appear to others) 3.Temporality: Present vs. Future (Technology's ability to distribute info/make ephemeral info persistent affects the temporal nature of disclosure)

Contextual Boundaries of Privacy Management (3) DIT

Law enforcement has the legal authority to intercept/access communications/info via court orders -->lacks the technical ability to carry out those orders because of a fundamental shift in communication services/technologies

"Going Dark" Problem

Physical World: If law enforcement has a warrant, anything in home/vehicle is subject to search and seizure Digital World: If law enforcement has a warrant, properly encrypted drives remain unsearchable.

"Going Dark": Physical World vs. Digital World

1.Formulation One: If Apple allowed all such requests, encryption would have no meaning. If encryption had no meaning, no one would encrypt. 2.What about if only gov't requests? 3.Apple would also then be lying to customers.

(Kantianism) (3)

1.Can be forged, impossible to make a 100% accurate biometric. 2.No evidence that it reduces crime. 3.Makes it easier for the government to data mine citizens.

National ID Cards (3) Cons

1.Currently, we have no great mechanism for identifying residents. 2.Would make it difficult for people to enter country illegally and for those people to find work. 3.Could reduce crime. 4.Many democratic countries use them (e.g. France, Spain, Germany)

National ID Cards Pros (4)

Allow organizations to have a "master key" to unlock all encrypted info/communications. Can only be used with a warrant.

Are Encryption "backdoors" a Good Idea?

At a societal level, need to balance individual desire for privacy against the "good of society." Individual Privacy vs. Public Good

Balance (__vs___)

1.Indiviual growth-need some personal space to explore own ideas/interests 2.Freedom to be yourself. 5.Behaviors/conversations we have when being "watched" are different than when we are alone or with trusted others. 3.Development of different types of relationships. 6.Democracy founded on the ability for people to have/explore unpopular or minority opinions. 4.Privacy is essential to democracy.

Benefits of Privacy (6)

1.Incentivizes/rewards being a "model" citizen as defined by the government: (e.g. paying bills on time, being productive with your time) 2.Disincentivizes/punishes associating with "non"-model citizens (interacting with a low-score person could lower your own score) 3.Disincentivizes/punishes voicing dissenting opinions.

Carrots and Sticks (3)

First Formulation: 1.Imagine rule: "An employer may secretly monitor the work of an employee who works with vulnerable people" 2.If universalized: Anyone can secretly monitor anyone else at anytime. 3.There would be no expectation of privacy, so secret recording would be impossible. Self-defeating rule.

Case Study: Kantian (First Formulation) (3)

Second Formulation: Parents treating nanny as a means to an end (ensuring child is well cared for) Result: Morally wrong to secretly monitor.

Case Study: Kantian (Second Formulation) + Result

1.Nannies: Reasonable expectation of privacy when in closed environments. 2.Parents: Reasonable expectation of care when hiring someone to take care of their child. 3.Children: under care? Not rational agents.

Case Study: Social Contract Theory (Rational Agents) (3)

1.Would rational people agree to give up their own privacy and be surveilled by employers? Would rational people be willing to let their children out of sight with a hired caretaker for a period of time? 2.Decision could be right or wrong under SCT, you'd just need to make a case!

Case Study: Social Contract Theory Conclusion (2)

It's just one of the more "on-the-nose" examples

China is not the only surveillance state. (1)

1.US reduces the amount of data requested and provides assurances on how data will be used. 2.2014 EU review found that US DHS not in compliance-reviews records without probable cause.

Compromise Between US and EU? (2)

2.Automated authentication 1.Encryption 3.Algorithms for differential privacy.

Computer Also Afford New Privacy/Security Technologies (3)

1.US/EU airline conflict. 2.US requires info on all international passengers arriving in US. 3.EU allows access to info on a case-by-case basis, based on suspicion. 4.Airline handing over this data for EU citizens would be breaking EU law.

Conflicting Privacy Policies of Different Countries (4)

1.Many grocery stores have rewards program that can help customers save money. 2.Can also match your purchases to your identity to send you coupons for frequently purchased items. 3.Can also sell that information to advertisers.

Data Gathering and Privacy Implications (1/2) (3)

1.Google Maps is useful for obvious reasons. 2.But also knows exactly where you've been and where you're going 3.How fast you're going. 4.What if Google is subpoenaed for that info? Imagine all the retrospective speeding tickets.

Data Gathering and Privacy Implications (2/2) (4)

1.Facebook has access to any pictures you upload of yourself/friends/environment. 2.Can use that data to create highly accurate/sophisticated algorithms that can reconstruct social/environment context. 3.Friends/nonfriends in pictures 4.Where you are 5.What you're doing

Data Gathering and Privacy Implications (5)

1.Societal Level 2.Indiviual Level

Different Granularities (2)

1.In 2000, the US/EU agreed on a "safe harbor" policy 2.Companies outside EU that agree to EU's privacy practices may receive data on EU citizens 3.Ruled to be insufficient by EU court

EU-US Privacy Shield (2000) (3)

1.Requires certification (safe harbor was self-certification) 2.Requires review (external audit or self review) 3.If EU controller transfers data to a US Privacy Shield org, both parties must enter a written contract

EU-US Privacy Shield (2016) (3)

2.Personal Info Collected for Gov. Decisions: Collecting relevant, personal information for rational decision making in social/commercial/governmental life. 1.Personal/Group Privacy: Safeguarding personal/group privacy in order to protect individuality/freedom against unjustified intrusions by authorities. 3.Public Safety: Conducting the constitutionally limited government surveillance of people/activities necessary to protect public order/safety.

Factors to be Balanced (3)

1.Free market: It's your choice how much info to give away 2.Privacy as a negative right. 3.Consumer protection: People don't understand implications, consumers can't negotiate terms with a business. 4.Privacy as a positive right. 5.Ignores larger question of what is best for society. 6.Perhaps you shouldn't be allowed to make this choice.

Free Market vs. Consumer Protection View (6)

1.In 2018, the EU enacted "General Data Protection Regulation" (GDPR) 2.The GDPR has specific requirements regarding the transfer of data out of the EU. One of these requirements is that the transfer must only happen to countries deemed as having adequate data protection laws. The EU does not list the US as one of the countries that meets this requirements. 3.Privacy Shield allows US companies, or EU companies working with US companies, to meet this requirement of the GDPR.

GDPR vs. Privacy Shield (3)

1.High sesame scores equates to boosts on dating apps/discounts on bills/better loan terms/skipping queues at the airport 2.Low sesame score equates to barred form traveling/slow internet/job prospect limitations

Gamified Citizens (2)

1.Puts a great burden on the nuclear family to care for its members. 2.Makes it difficult to stop family violence. 4.Allows for illegal or immoral activities to go unpunished. 3.People on society's fringes may have too much privacy. (People with mental disabilities for instance.)

Harms of Privacy (4)

3.Laws written before new technologies often don't adapt well. (3rd party doctrine.) 1.Computers add to the ease of collecting/searching/cross referencing personal info. 4.Information gathering can be invisible. (Hard to make rational decisions if you don't know what's being collected.) 5.Collect new kinds of information. (GPS/Medically implantable sensors.) 2.Make it easier to use information for secondary purposes. (Purposes other than the ones originally collected for.)

How do computers change privacy? (5)

1.Choosing privacy could be better for you in long-term. 2.Choosing free ice cream gets you free ice cream now.

Hyperbolic Discounting (2)

Good/Bad consequences

Is the Sesame Score a Net Positive or a Net Negative?

1.Every violation of a privacy right is a violation of another right.

Is there a right to privacy? (Judith Jarvis Thomson)

1.No good remedies for victims of privacy violations. 2.Libel or slander only if "untrue." 3.Argue that people should have "the right to be let alone."

Is there a right to privacy? (Warren and Brandeis) (3)

2.Awareness of data collection practices. 3.Consent of information collection, processing and use. 1.Control over information about oneself.

Individual Level (3)

1.FERPA: Students allowed to review educational records, request changes to erroneous records and prevent release of records without permission. 2.HIPAA: Limits how medical institutions can share and use medical info. 3.Freedom of Information Act: Ensure public has access to records for the executive branch of the US Gov't.

Information Dissemination Related Policy (3) FERPAHIPPAFIA

1.Man arrested/prosecuted by inaccessible authority. Doesn't know his crime. 2.Idea of being watched/judged by an invisible eye. No sense of what they know and where they're looking.

Kafka's "The Trial" (2)

1.Privacy violations are an affront to human dignity. 2.Treat people as a means to an end. 3.Some things "ought not to be known"

More on Privacy (3)

1.If everyone monitored nannies, it would not stay secret. Consequences: 2.Nannies would be on best behavior in front of camera 3.Might reduce child abuse (Increase stress/reduce job satisfaction (Higher turnover rate, less experienced pool of nannies, lower overall care.) 4.Harms>Benefits?

Nanny Cam: Rule-Utilitarian (4)

1.Tax havens/offshore money laundering 2.Wealthy people often store money in tax havens for fraud/tax evasion/etc.

One Extreme: No Oversight (2)

Orwellian-dystopias, "big brother"

Privacy Connotations

Control over information about self. "the claim of individuals/groups/institutions to determine for themselves when/how/what extent information about them is communicated to others"

Privacy Def:

1.Information Collection 2.Information Processing 3.Information Dissemination 4.Invasion

Privacy Violations Case a Variety of Harms (4)

A key difficulty with privacy is that it is often something that can be traded for "functionality"

Privacy and Functionality (1)

Rational agents would recog. some privacy rights because granting these rights is of benefit to society.

Privacy as a Prudential Right:

1.Not bringing all this up to say "You have zero privacy anyway. Get over it."-CEO of Sun 2.Much of this fight will be fought by you, when you go on to take jobs. The decisions we make about privacy today will set the precedent for future generations. 3.Choose to think about the long-term consequences of data collection/mining. 4.Not always bad. Functionality of information technology is a great boon. Just needs to be done responsibly.

Privacy is Not a Lost Cause (4)

1.Much of the dangers of internet enabled monitoring is in the merging of different silos of information: 2.Grocery store customer loyalty program sold to advertisers. 3.Purchase history linked with social media accounts (Facebook, Twitter) 4.Social media accounts linked to other online activities (web trackers) 5.Advertisers send a coupon to your home address with coupons to purchase diapers-surprise, we know you're pregnant.

Privacy is a Database Correlation Problem (5)

1.Solove/O'Hara focus on the issue that absence of individual privacy is a societal problem, too 2.Ability to have separate public/private life vital 3.Society requires individuality which requires privacy 4.Flaw in "I've got nothing to hide." 5.Lack of privacy dissuades legal acivities. 6.Encourages "conform and fall in line." 7.Encourages despair from a sense of loss of control (Kafka) 8.Think about effects of McCarthyism, Soviet States

Privacy is about more than "what is known about you" (8)

1.New parents hire a nanny for childcare and install a "nanny cam" that monitors nanny's interactions with child to make sure that the nanny is not abusive. Nanny is unaware of nanny came. 2.Is it wrong for the new parents to secretly monitor the behavior of their nanny?

Quinn Case Study: Nanny Cams (2)

1.Federal standards for driver's licenses 1a.More documents needed to get your license 1b.Must be machine readable 1cWill probably include a biometric 2.Will be needed to fly on a plane/open a bank account/use government services 3.Passed in 2005. Some states slower to approve than others. TSA pushed back implementation deadline to 2020.

REAL ID Act (6)

1.Started off just as a way to track social security contributions. 2.Usage spread to other parts of gov't 3.Now often used as both identifiers and passwords 4.But: bad identifiers because not unique 5.In early days, some people accidentally assigned same SSN because numbers were assigned by local governments, 6.SSN's aren't secure. 7.Not random: First three digits is where you were born, next two indicate age, last four are random. 8.Don't have a checksum or other error correction, so easy to guess fraudulent SSNs.

SSNs (8)

1.Mass shooting in San Bernardino, CA 2.Government recovers iPhone of shooter, but it's encrypted. Wants access to info in the interest of public satefy. 3.FBI gets a court order/demands that Apple write special software to thwart self-destruct security measures. 4.Apple refused, arguing that it would set a dangerous precedent. 5.Doing so would encourage other countries like China or Russia to make similar demands.

San Bernardino Incident (5)

1.Credit History 2.Fulfillment Capacity 3.Identity Characteristics (home address/phone number/education/etc.) 4.Social Relationship (personal network) 5.Behavior/Preference (online behavior/how active they are/websites they visit/products/etc.)

Sesame Score (5) FISBC

1.Apple/Government/Consumers. 2.Law says that government should be allowed access. So...should be allowed access. Necessary for preserving public order. 3.Did consumers enter a social contract with Apple with respect to privacy protections?

Social Contract Theory (3)

1.Individual Liberty vs. Public Good 2.Is privacy a "right"? A "prudential" right? 3.Free market vs. consumer-protection approaches.

Societal Level (3)

1.Information Collection: Activities that gather personal information 2.Information Processing: Activities that store, manipulate, and use personal information that has been collected. 3.Information Dissemination: Activities that spread personal information. 4.Activities that intrude upon a person's daily life, interrupt someone's solitude, or interfere with decision-making.

Solove's Taxonomy of Privacy (4)

Invasion Safeguards: 1.National Do Not Call Registry: Prevents telemarketers from calling numbers in the registry. 2.Advanced Imaging Technology Scanners: Original TSA scanners revealed highly accurate anatomical features. New machines show generic outlines.

US Government Privacy Safeguards and Infringements (2)

1.Government keeps track of everything in order to assure that its citizens are behaving up to standards. 2.2007 study by Privacy International found 8 countries that were rated as being "endemic surveillance societies." (China, Malaysia, Russia, Singapore, UK, Taiwan, Thailand, USA) CUMRUTTS

The Other Extreme: Surveillance States (2)

1.Generally more harm than good. 2.Harm to all people who encrypt their data on iPhones. 3.Harm to Apple (customer dissatisfaction) 4.Benefit to lawmakers and public in very specific circumstances.

Utilitarianism (4)

1."Practical Wisdom"-protecting the public from further harm if the threat is still imminent would be virtuous. 2.If there is no imminent threat, then upholding promises to customers might be the more virtuous action.

Virtue Ethics (2)

1.Parents should be partial to their children-it is only natural for parents to be concerned for the welfare of their child when leaving her with a stranger. 2.Secret monitoring is a characteristic of good parenting. 3.BUT: once parents are reassured that nanny is not abusive, should stop. Trust in others and treating them with dignity is also a virtue.

Virtue Ethics (3)

1.The right to be alone. 2.Having a zone of inaccessibility. 3.Contextual boundary regulation.

What is privacy? Ideas (3)