Internet Technologies Privacy – October 25, 2005
Who do you share your personal information with?
A Lot of People Friends & Family Utilities Public Postings Insurance Professional Medical Church & Affiliations Retail Education Credit & Banking Government You
Who has access to your personal information?
A Lot of People
What is privacy?
n. The quality or condition of being secluded from the presence or view of others. The state of being free from unsanctioned intrusion: a person's right to privacy. The state of being concealed; secrecy.
Evolution of the Right of Privacy 3 rd Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . 5 th Amendment No person shall be . . . deprived of life, liberty, or property, without due process of law . . .
9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
1890 - The Right To Privacy by Samuel Warren and Louis D. Brandeis - Harvard Law Review (1890) 1948 – Universal Declaration of Human Rights No one shall be subjected to arbitrary interference with his privacy . . . Everyone has the right to the protection of the law against such interference. 1965 – Griswold v. Connecticut Doctor charged for issuing birth control. The court held that: specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance . . . [which includes] zones of privacy. 1972 – California Constitutional Amendment Right of Privacy (con’t)
"All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy .”
Privacy After Watergate
Early Privacy Legislation Fair Credit Reporting Act Accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies Freedom of Information Act Permits access to government records Established rules for the collection, use and disclosure of personal information held by federal agencies and specifically prohibited data matching of those government files Family Education Rights Privacy Act Educational Record Privacy Right to Financial Privacy Act Consumers Must Get Notice & opportunity to object before government obtains financial records. Electronic Communications Privacy Act Addresses access, use, disclosure, interception and privacy protections of electronic communications. Mail communications already protected Computer Fraud & Abuse Act Protect against intruders Computer Matching and Privacy Regulates government computer matching Video Privacy Protection Act
Video rentals are private
The Internet Age
A Typical Website IP Address IP Address Registration Info Globe VCLK Registration Info
What Cookies Do Load Management across servers
Track Referrals for compensation
Cookies and Choice Allows User to Delete Cookies Allows User to Block Cookies
This Site incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect . . .
Network Advertising Initiative
EU Privacy Directive a right of access to that data a right to know where the data originated (if such information is available) a right to have inaccurate data rectified a right of recourse in the event of unlawful processing a right to withhold permission to use their data in certain circumstances May not transfer to non-EU countries that do not meet EU standards
Exceptions where affirmative consent or necessary to serve data subject
EU Safe Harbor Notice Organizations must notify individuals about the purposes for which they collect and use information about them. Choice Organizations must give individuals the opportunity to choose (opt out) whether their personal information will be disclosed to a third party Transfers to Third Parties Subject to Notice and Choice. Access Individuals must have access to personal information and be able to correct, amend, or delete that information where it is inaccurate, Security : Organizations must take reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction .
Data integrity Personal information must be relevant for the purposes for which it is to be used. An organization should take reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.
How a bill becomes law
This law requires a business or a State
ChoicePoint Discovered because of California law In first eight months after ChoicePoint
Involving over 50 Million Records
Hall of Shame
The Wares Software bundled with ad service software Gathers information on user without knowledge Software designed specifically to damage or disrupt a system, such as a virus or a Trojan horse.
“ Faux Spyware”, i.e., benign applications falsely labeled as Spyware
Spyware Legislation Prohibits deceptive downloading and/or collection of information Prohibits taking over third party computer or altering default settings Do you regulate conduct or technology? Is spyware already illegal? House passed bill in 2004 and 2005
Action stalled in the Senate
OnGuardOnline.Gov Protect your personal information. It's valuable. Know who you're dealing with. Use anti-virus software and a firewall, and update both regularly. Make sure your operating system and Web browser are set up properly and update them regularly.
Learn who to contact if something goes wrong online.