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