Privacy and education in the internet age

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Slides from a guest lecture I did for Honors 1000.

Slides from a guest lecture I did for Honors 1000.

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  • I had a parent call and complain moments after I gave a student an F for plagiarizing the conclusion on her paper.
  • Educational institutions can’t give away a student’s educational information without appropriate authorization.
  • A recurring theme throughout today’s talk
  • until 1750, in fact, the only type of warrant defined in the handbooks for justices of the peace was the general warrant.[3] During what scholar William Cuddihy called the "colonial epidemic of general searches", the authorities possessed almost unlimited power to search for anything at any time, with very little oversight.[5]In mid-January 1761, a group of over 50 merchants represented by James Otis petitioned the court to have hearings on the issue. During the five-hour hearing on February 23, 1761, Otis vehemently denounced British colonial policies, including their sanction of general warrants and writs of assistance.[8] Future US President John Adams, who was present in the courtroom when Otis spoke, viewed these events as "the spark in which originated the American Revolution.”[9] However, the court ruled against Otis.[10]Seeing the danger general warrants presented, the Virginia Declaration of Rights (1776) explicitly forbade the use of general warrants. This prohibition became a precedent for the Fourth Amendment:[12]That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.[13]Because the Bill of Rights did not initially apply to the states, and federal criminal investigations were less common in the first century of the nation's history, there is little significant case law for the Fourth Amendment before the 20th century. The amendment was held to apply to the states in Mapp v. Ohio (1961).
  • Brandeis defined modern notions of the individual right to privacy in a path-breaking article he published with his partner, Warren, in the Harvard Law Review of Dec. 15, 1890, on "The Right to Privacy." Stimulated by anger at offensive publicity concerning the social activities of Warren's family, it adumbrated a new legal concept that has had lasting influence. Building on diverse analogies in the law of defamation, of literary property, and of eavesdropping, Brandeis argued that the central, if unarticulated, interest protected in these fields was an interest in personal integrity, "the right to be let alone," that ought to be secured against invasion except for some compelling reason of public welfare. Brandeis saw emotions as a positive expression of human nature, and so desired privacy protection for them as protection against repression of the human spirit.[11]
  • They want your identity, your allegiance, and all of your data.
  • E. C. Steiner, (formerly King Unicorn), who was locked out of all his accounts by one of the Stacks.
  • None of you. Because you don’t own the books that you purchase from Amazon.com, you lease them. They can be revoked at any point in time.Amazon has performed price-fixing on its products, selling products for higher prices to people who it recognizes will pay a higher price, based on their purchasing habitshttp://www.cnn.com/2005/LAW/06/24/ramasastry.website.prices/
  • The ARGUS array is made up of several cameras and other types of imaging systems. The output of the imaging system is used to create extremely large, 1.8GP high-resolution mosaic images and video.
  • The lawsuit was filed after 15-year-old high school sophomore Blake Robbins was disciplined at school, for his behavior in his home.[5][13] The school's "evidence" that triggered his discipline was a photograph that the school had secretly taken of him in his bedroom, via the webcam in his school-issued laptop. Without telling its students, the schools remotely accessed their school-issued laptops to secretly snap pictures of students in their own homes, their chat logs, and records of the websites they visited. The school then transmitted the snapshots to servers at the school, where school authorities reviewed them and shared the snapshots with others.[14] In one widely published photo, the school had photographed Robbins in his bed.[15] The Federal Bureau of Investigation (FBI), U.S. Attorney's Office, and Montgomery County District Attorney all initiated criminal investigations of the matter, which they combined and then closed because they did not find evidence "that would establish beyond a reasonable doubt that anyone involved had criminal intent". In addition, a U.S. Senate Judiciary subcommittee held hearings on the issues raised by the schools' secret surveillance, and Senator Arlen Specter introduced draft legislation in the Senate to protect against it in the future. Parents, media, and academics criticized the schools, and the matter was cited as a cautionary example of how modern technology can be used to infringe on personal privacy.[16]
  • Multiple accounts can be used for different purposes to help organize your life.It can also be used to add noise to the system.

Transcript

  • 1. Privacy and Education in the Internet Age Cliff Landis Honors Freshman Seminar Fall 2013
  • 2. Cliff gets a phone call…
  • 3. FERPA to the rescue! http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
  • 4. You only have the rights that you know you have and that you know how to use and enforce.
  • 5. Who is this guy? • Web Services Librarian @ Georgia State University • Author, A Social Networking Primer for Librarians (2010) • Researcher on the intersection of human culture and technology
  • 6. THE SLIDING SCALE: PRIVACY VS CONVENIENCE
  • 7. PRIVACY
  • 8. What do we mean by privacy? http://thosecrazyliberals.com/wp-content/uploads/2013/06/fourthamendment.jpg
  • 9. Mr. Otis regrets… general warrants http://en.wikipedia.org/wiki/File:James_Otis.jpg
  • 10. Supreme Court Justice Louis Brandeis “the right to be let alone” Harvard Law Review Dec. 15, 1890, on "The Right to Privacy." http://en.wikipedia.org/wiki/File:Brandeisl.jpg
  • 11. USA PATRIOT Act • Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001. • Includes: – – – – – – – Title I: Enhancing domestic security against terrorism Title II: Surveillance procedures Title III: Anti-money-laundering to prevent terrorism Title IV: Border security Title V: Removing obstacles to investigating terrorism Title VI: Victims and families of victims of terrorism Title VII: Increased information sharing for critical infrastructure protection – Title VIII: Terrorism criminal law – Title IX: Improved Intelligence – Title X: Miscellaneous
  • 12. USA PATRIOT Act • Criticisms Include: – authorization of indefinite detentions of immigrants; – the permission given law enforcement officers to search a home or business without the owner’s or the occupant’s consent or knowledge; – the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order; and – the expanded access of law enforcement agencies to business records, including library and financial records • On May 26, 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act: roving wiretaps, searches of business records (the "library records provision"), and conducting surveillance of "lone wolves"—individuals suspected of terrorist-related activities not linked to terrorist groups
  • 13. BIG DATA
  • 14. The Stacks • “In 2012 it made less and less sense to talk about “the Internet,” “the PC business,” “telephones,” “Silicon Valley,” or “the media,” and much more sense to just study Google, Apple, Facebook, Amazon and Microsoft. These big five American vertically organized silos are re-making the world in their image.” -- Bruce Sterling
  • 15. http://images.smh.com.au/2010/05/14/1450513/zuckerberg420-420x0.jpg
  • 16. http://i.huffpost.com/gen/161782/FACEBOOK-PRIVACY.jpg
  • 17. http://allfacebook.com/infographic-the-history-of-facebooks-privacy-changes_b116292
  • 18. http://allfacebook.com/infographic-the-history-of-facebooks-privacy-changes_b116292
  • 19. Another story… http://casketglass.com/
  • 20. http://i.i.cbsi.com/cnwk.1d/i/tim/2012/07/19/Harris_III_privacy_charts__final_7.17.12_Slide_1_Grocery,_Amazon,_more_trusted_than_FB_610x452.jpg
  • 21. How many of you own an e-book that you purchased from Amazon.com?
  • 22. BIG EDUCATION
  • 23. Learning Analytics http://public.tableausoftware.com/static/images/Te/TestScoresOverTime/School-LevelEvaluation/1_rss.png
  • 24. Who enforces privacy? WASHINGTON - February 1, 2010 -- The U.S. Education Department has fired the top federal official charged with protecting student privacy, in what the dismissed official says was a conflict with the agency's political leaders over their zeal to encourage the collection of data about students' academic performance. http://www.insidehighered.com/news/2010/02/01/ferpa
  • 25. Risky cloud computing • Unsuitable Privacy Policies: "Cloud providers may deliberately or inadvertently force schools to accept policies or terms of service that authorize user profiling and online behavioral advertising." • Poor Consent Policies: "Some cloud privacy policies...stipulate that individual data subjects (students) are also bound by these policies, even when these subjects have not had the opportunity to grant or withhold their consent." • Commercial Data Mining: "It may be difficult for the cloud provider to turn off [ad-supported user profiling features and tracking algorithms] even when ads are not being served." • Shady Contracts: "Some cloud providers leave the door open to future imposition of online advertising as a condition for allowing schools to continue receiving cloud services for free." http://blogs.edweek.org/edweek/DigitalEducation/2013/09/cloud_computing_jeopardizes_st.html
  • 26. All it takes is one person http://static.guim.co.uk/sys-images/Guardian/Pix/pictures/2013/6/23/1372015020195/Edward-Snowden-008.jpg
  • 27. SURVEILLANCE
  • 28. Surveillance monitoring of the behavior, activities, or other changing information, usually of people for the purpose of influencing, managing, directing, or protecting them Lyon, David. 2007. Surveillance Studies: An Overview. Cambridge: Polity Press. http://crapaganda.com/wp-content/uploads/2012/11/surveillance_big.gif
  • 29. http://www.youtube.com/watch?v=QGxNyaXfJsA
  • 30. Robbins v. Lower Merion School District http://media.nbcphiladelphia.com/images/722*542/Webcamgate-photo.jpg
  • 31. Sousveillance http://en.wikipedia.org/wiki/File:SurveillanceSousveillanceLifeGloggingMannSensecamMemoto.jpg
  • 32. THE INTERNET
  • 33. Privacy concerns are growing • The study reported that privacy concerns among Americans are on the rise, with 50 per cent of internet users saying they are worried about the information available about them online, up from 33 per cent in 2009. • Meanwhile, 86 per cent of people surveyed have tried at least one technique to hide their activity online or avoid being tracked, such as clearing cookies or their browser history or using encryption. • While trying to avoid snooping - at least in some circumstances - is now commonplace, people cite varying reasons for doing so. About one-third said they had tried to conceal their activity from hackers or criminals, while 28 per cent have tried to block advertisers. Others said they wanted to keep information private from family members or spouses, employers or the government. http://www.theaustralian.com.au/higher-education/us-study-exposes-internet-privacy-fears/story-e6frgcjx-1226712002951
  • 34. http://xkcd.com/1269/
  • 35. Anonymity Online https://drupal.org/files/project-images/proxy.png http://upload.wikimedia.org/wikipedia/commons/thumb/1/15/Tor-logo-2011-flat.svg/306px-Tor-logo-2011-flat.svg.png http://peterblogs.de/wp-content/uploads/2013/05/VPN-Lock.png
  • 36. THE SLIDING SCALE: PRIVACY VS CONVENIENCE
  • 37. http://1.bp.blogspot.com/-Z9ZRKB-gihM/TXv0-_EsIGI/AAAAAAAAAPI/yRfPpubDBWE/s1600/convenience_vs_privacy_tension.jpg
  • 38. CONTROLLING YOUR PRIVACY
  • 39. Chose what you show the world http://www.flickr.com/photos/95572727@N00/216941152
  • 40. Multiple accounts http://www.iatsmartdial.com/wp-content/uploads/2012/10/Clones.jpg
  • 41. Know your audience http://www.flickr.com/photos/71214885@N00/2093047797
  • 42. If you tell it to one other person, it is no longer private http://www.flickr.com/photos/20722444@N00/224674200
  • 43. Manage your privacy settings http://www.flickr.com/photos/47691521@N07/4638981545
  • 44. Watch out for changes to the TOS http://www.tosback.org/timeline.php
  • 45. http://tosdr.org/
  • 46. Stalk yourself
  • 47. For the truly paranoid… http://www.magnet.fsu.edu/education/tutorials/tools/images/faradaycage.gif