Anonos Dynamic Data Obscurity - Privacy For The Interconnected WorldTed Myerson
Innovative opportunities, such as genomic research and the Internet of Things, are better able to achieve their enormous market potential by diminishing expenses, time-spent and data loss from current de-identification and data minimization practices. By addressing the concerns of governmental organizations charged with protecting the rights of data subjects with new technology controls, organizations can save money and conduct better research while minimizing out-of-pocket and opportunity costs associated with data privacy.
The Anonos approach avoids the pitfalls of both full and zero privacy environments. Full privacy leads to lack of data, an unclear picture and no personalized experiences for the data subjects while zero privacy actually reduces the value of data because it does not eliminate anyone or anything, leaving too many choices and “noisy” data while exposing data subjects to potential discrimination and harm.
https://digitalguardian.com/blog/social-engineering-attacks-common-techniques-how-prevent-attack
Statement of Michelle Richardson, Director, Privacy & Data
Center for Democracy & Technology
before the
United States Senate Committee on the Judiciary
GDPR & CCPA: Opt-ins, Consumer Control, and the Impact on Competition and Innovation
March 12, 2019
On behalf of the Center for Democracy & Technology (CDT), thank you for the
opportunity to testify about the importance of crafting a federal consumer privacy law that
provides meaningful protections for Americans and clarity for entities of all sizes and sectors.
CDT is a nonpartisan, nonprofit 501(c)(3) charitable organization dedicated to advancing the
rights of the individual in the digital world. CDT is committed to protecting privacy as a
fundamental human and civil right and as a necessity for securing other rights such as access to
justice, equal protection, and freedom of expression. CDT has offices in Washington, D.C., and
Brussels, and has a diverse funding portfolio from foundation grants, corporate donations, and
individual donations.1
The United States should be leading the way in protecting digital civil rights. This hearing
is an opportunity to learn how Congress can improve upon the privacy frameworks offered in
the European Union via the General Data Protection Regulation (GDPR) and the California
Consumer Privacy Act (CCPA) to craft a comprehensive privacy law that works for the U.S. Our
digital future should be one in which technology supports human rights and human dignity. This
future cannot be realized if people are forced to choose between protecting their personal
information and using the technologies and services that enhance our lives. This future depends
on clear and meaningful rules governing data processing; rules that do not simply provide
1 All donations over $1,000 are disclosed in our annual report and are available online at:
https://cdt.org/financials/.
2
people with notices and check boxes but actually protect them from privacy and security
abuses and data-driven discrimination; protections that cannot be signed away.
Congress should resist the narratives that innovative technologies and strong privacy
protections are fundamentally at odds, and that a privacy law would necessarily cement the
market dominance of a few large companies. Clear and focused privacy rules can help
companies of all sizes gain certainty with respect to appropriate and inappropriate uses of data.
Clear rules will also empower engineers and product managers to design for privacy on the
front end, rather than having to wait for a public privacy scandal to force the rollback of a
product or data practice.
We understand that drafting comprehensive privacy legislation is a complex endeavor.
Over the past year we have worked with partners in civil societ.
Privacy Breaches In Canada It.Can May 1 2009canadianlawyer
This document summarizes three key questions an organization faces after suffering a privacy breach:
1. Do they have to tell anyone about the breach? Laws in Canada currently only explicitly require notification for health information breaches in Ontario, but notification requirements are developing quickly in other areas.
2. What should they do about the breach? Organizations should investigate the breach, secure any compromised systems or information, and consider notifying affected individuals.
3. Can they be liable for the breach? Laws allow for potential liability, though the extent depends on factors like an organization's security measures and response to the breach. Overall liability in this area is still developing.
The document discusses several key legal aspects and issues related to digital forensics. It outlines how digital forensics experts must consider existing laws when monitoring and collecting computer evidence. It also explains that proving possession of prohibited digital materials found on a computer involves establishing knowledge and control, which can be challenging. Additionally, it notes that electronic discovery and digital forensics both involve preserving and analyzing digital information, but that digital forensics experts perform the analysis while electronic discovery experts provide information to legal teams for analysis.
Unit 6 Privacy and Data Protection 8 hrTushar Rajput
The document discusses privacy and data protection. It defines privacy as an individual's ability to control how and when personal information is shared with others. It outlines several international agreements that establish privacy as a universal human right. The document also discusses the three dimensions of privacy - personal, territorial, and informational - and basic privacy principles like transparency and purpose limitation.
Multilevel Privacy Preserving by Linear and Non Linear Data DistortionIOSR Journals
This document discusses privacy-preserving techniques for data mining called multilevel privacy preserving. It introduces the concept of generating multiple perturbed copies of data at different trust levels to protect privacy while allowing useful data mining. Key techniques discussed include data perturbation through adding random noise or distorting values, as well as data modification through aggregation, suppression, and swapping. Maintaining privacy is achieved by ensuring the noise added to different copies has a "corner-wave" covariance structure so statistical values do not differ significantly from the original data.
Information security involves protecting information from unauthorized access, use, disclosure, disruption or destruction. It aims to ensure the confidentiality, integrity and availability of data regardless of its form. Key goals include preventing breaches of confidentiality which could harm businesses or individuals, and ensuring data integrity so it cannot be modified without authorization. Risk management is the ongoing process of identifying vulnerabilities, deciding on countermeasures to reduce risk to an acceptable level based on the value of the information assets.
Anonos NTIA Comment Letter letter on ''Big Data'' Developments and How They I...Ted Myerson
Read our NTIA comment letter on ''Big Data'' Developments and How They Impact the Consumer Privacy Bill of Rights. Filed with the NTIA on August 5, 2014.
Anonos has been working for over two years on technology that transforms data at the data element level enabling de-identification and functional obscurity that preserves the value of underlying data. Specifically, Anonos de-identification and functional obscurity risk management tools help to enable data subjects to share information in a controlled manner, enabling them to receive information and offerings truly personalized for them, while protecting misuse of their data; and to facilitate improved healthcare, medical research and personalized medicine by enabling aggregation of patient level data without revealing the identity of patients.
Anonos Dynamic Data Obscurity - Privacy For The Interconnected WorldTed Myerson
Innovative opportunities, such as genomic research and the Internet of Things, are better able to achieve their enormous market potential by diminishing expenses, time-spent and data loss from current de-identification and data minimization practices. By addressing the concerns of governmental organizations charged with protecting the rights of data subjects with new technology controls, organizations can save money and conduct better research while minimizing out-of-pocket and opportunity costs associated with data privacy.
The Anonos approach avoids the pitfalls of both full and zero privacy environments. Full privacy leads to lack of data, an unclear picture and no personalized experiences for the data subjects while zero privacy actually reduces the value of data because it does not eliminate anyone or anything, leaving too many choices and “noisy” data while exposing data subjects to potential discrimination and harm.
https://digitalguardian.com/blog/social-engineering-attacks-common-techniques-how-prevent-attack
Statement of Michelle Richardson, Director, Privacy & Data
Center for Democracy & Technology
before the
United States Senate Committee on the Judiciary
GDPR & CCPA: Opt-ins, Consumer Control, and the Impact on Competition and Innovation
March 12, 2019
On behalf of the Center for Democracy & Technology (CDT), thank you for the
opportunity to testify about the importance of crafting a federal consumer privacy law that
provides meaningful protections for Americans and clarity for entities of all sizes and sectors.
CDT is a nonpartisan, nonprofit 501(c)(3) charitable organization dedicated to advancing the
rights of the individual in the digital world. CDT is committed to protecting privacy as a
fundamental human and civil right and as a necessity for securing other rights such as access to
justice, equal protection, and freedom of expression. CDT has offices in Washington, D.C., and
Brussels, and has a diverse funding portfolio from foundation grants, corporate donations, and
individual donations.1
The United States should be leading the way in protecting digital civil rights. This hearing
is an opportunity to learn how Congress can improve upon the privacy frameworks offered in
the European Union via the General Data Protection Regulation (GDPR) and the California
Consumer Privacy Act (CCPA) to craft a comprehensive privacy law that works for the U.S. Our
digital future should be one in which technology supports human rights and human dignity. This
future cannot be realized if people are forced to choose between protecting their personal
information and using the technologies and services that enhance our lives. This future depends
on clear and meaningful rules governing data processing; rules that do not simply provide
1 All donations over $1,000 are disclosed in our annual report and are available online at:
https://cdt.org/financials/.
2
people with notices and check boxes but actually protect them from privacy and security
abuses and data-driven discrimination; protections that cannot be signed away.
Congress should resist the narratives that innovative technologies and strong privacy
protections are fundamentally at odds, and that a privacy law would necessarily cement the
market dominance of a few large companies. Clear and focused privacy rules can help
companies of all sizes gain certainty with respect to appropriate and inappropriate uses of data.
Clear rules will also empower engineers and product managers to design for privacy on the
front end, rather than having to wait for a public privacy scandal to force the rollback of a
product or data practice.
We understand that drafting comprehensive privacy legislation is a complex endeavor.
Over the past year we have worked with partners in civil societ.
Privacy Breaches In Canada It.Can May 1 2009canadianlawyer
This document summarizes three key questions an organization faces after suffering a privacy breach:
1. Do they have to tell anyone about the breach? Laws in Canada currently only explicitly require notification for health information breaches in Ontario, but notification requirements are developing quickly in other areas.
2. What should they do about the breach? Organizations should investigate the breach, secure any compromised systems or information, and consider notifying affected individuals.
3. Can they be liable for the breach? Laws allow for potential liability, though the extent depends on factors like an organization's security measures and response to the breach. Overall liability in this area is still developing.
The document discusses several key legal aspects and issues related to digital forensics. It outlines how digital forensics experts must consider existing laws when monitoring and collecting computer evidence. It also explains that proving possession of prohibited digital materials found on a computer involves establishing knowledge and control, which can be challenging. Additionally, it notes that electronic discovery and digital forensics both involve preserving and analyzing digital information, but that digital forensics experts perform the analysis while electronic discovery experts provide information to legal teams for analysis.
Unit 6 Privacy and Data Protection 8 hrTushar Rajput
The document discusses privacy and data protection. It defines privacy as an individual's ability to control how and when personal information is shared with others. It outlines several international agreements that establish privacy as a universal human right. The document also discusses the three dimensions of privacy - personal, territorial, and informational - and basic privacy principles like transparency and purpose limitation.
Multilevel Privacy Preserving by Linear and Non Linear Data DistortionIOSR Journals
This document discusses privacy-preserving techniques for data mining called multilevel privacy preserving. It introduces the concept of generating multiple perturbed copies of data at different trust levels to protect privacy while allowing useful data mining. Key techniques discussed include data perturbation through adding random noise or distorting values, as well as data modification through aggregation, suppression, and swapping. Maintaining privacy is achieved by ensuring the noise added to different copies has a "corner-wave" covariance structure so statistical values do not differ significantly from the original data.
Information security involves protecting information from unauthorized access, use, disclosure, disruption or destruction. It aims to ensure the confidentiality, integrity and availability of data regardless of its form. Key goals include preventing breaches of confidentiality which could harm businesses or individuals, and ensuring data integrity so it cannot be modified without authorization. Risk management is the ongoing process of identifying vulnerabilities, deciding on countermeasures to reduce risk to an acceptable level based on the value of the information assets.
Anonos NTIA Comment Letter letter on ''Big Data'' Developments and How They I...Ted Myerson
Read our NTIA comment letter on ''Big Data'' Developments and How They Impact the Consumer Privacy Bill of Rights. Filed with the NTIA on August 5, 2014.
Anonos has been working for over two years on technology that transforms data at the data element level enabling de-identification and functional obscurity that preserves the value of underlying data. Specifically, Anonos de-identification and functional obscurity risk management tools help to enable data subjects to share information in a controlled manner, enabling them to receive information and offerings truly personalized for them, while protecting misuse of their data; and to facilitate improved healthcare, medical research and personalized medicine by enabling aggregation of patient level data without revealing the identity of patients.
A survey of confidential data storage and deletion methodsunyil96
This document surveys methods for confidential data storage and deletion. It begins with an introduction explaining the importance of protecting sensitive data throughout its lifetime, from storage to disposal. It then provides background on security concepts and compares existing approaches based on their strength of confidentiality, ease of use, performance, and flexibility in implementing security policies. The focus is on single-user computing environments and threats from dead forensic analysis of storage media.
A Survey of Security and Forensic Features In Popular eDiscovery Software SuitesCSCJournals
Litigation these days involves Electronically Stored Information (ESI) for legal purposes. Electronic discovery, also known as eDiscovery, is a process involving legal parties on a case to preserve, collect, review, and exchange electronic information for the purpose of using it as evidence in the case. In the past two decades, the software industry has launched many products catering to eDiscovery. With the advent of cloud computing, storage of electronic data has become cheaper and attractive for eDiscovery needs. With the ever growing technological advances, access to such storage has become simplified for enterprises distributed across the globe. eDiscovery product vendors have embraced the cloud and often allow their products to store and retrieve electronic evidence from the cloud. In this paper, we survey and explore eDiscovery product features focusing on available product security features, security features for evidence protection, incident forensics readiness and cloud forensics. We strive to highlight the challenges in the eDiscovery field when handling vast volumes of electronic evidence and propose incorporating industry best practices in implementing effective security and incident forensics at the product level.
This document discusses the field of computer forensics. It defines computer forensics as the collection, preservation, and analysis of computer-related evidence. The goal is to provide solid legal evidence that can be admitted in court and understood by laypeople. Computer forensics is used to investigate various incidents including human behavior like fraud, physical events like hardware failures, and organizational issues like staff changes. It aims to determine the root cause of system disruptions and failures.
The Best Online Security Service for
CIM – Central Management
Log Monitoring
Intrusion Detection Systems
Firewall Monitoring System
Host based IDSs
Vulnerability Scanning
Evidence Retention
CIM Intelligence
A must to see for all,......!!!
Ethics and Security of Cloud Computing for LawyersRobert Ambrogi
Lawyers have an ethical duty to protect client confidential information and safeguard client files. Most ethics panels agree that lawyers may use cloud computing services if they take reasonable steps to minimize risks, such as understanding the technology, ensuring access to and protection of data, and verifying security measures of cloud providers. Competent use of cloud computing requires diligence in areas like company reviews, access to data, encryption, backup procedures, and network and physical security.
Legal Issues in Data Privacy and Security: Response Readiness Before the BreachDawn Yankeelov
The document summarizes legal issues related to data privacy and security breaches. It discusses (1) the relevant cost-benefit analysis that courts consider for data security, (2) examples of court orders regarding document productions and computer forensics in litigation, and (3) that parties are responsible for errors made by their vendors. The document then provides an agenda on legal issues in data privacy and security, including anticipating threats, incident response, and applying relevant laws and frameworks.
Lofty Ideals: The Nature of Clouds and EncryptionSean Whalen
An overview of the legal, privacy, and security issues surrounding modern cloud services and cryptography
Created as an alumnus talk for the Computer & Network Support Technology Fairfield Career Center senior class of 2016.
This document summarizes a paper about increasing data breaches and the need for legislation to address the problem. It notes that over 233 million US records have been exposed due to breaches since 2005. The document discusses the costs of breaches to companies and common causes, such as lost or stolen devices. It argues that while some states have breach notification laws, federal legislation is needed to standardize security practices and privacy protections across industries. The paper aims to examine if legislation is needed to reduce breaches, when people should be notified of breaches, and if compensation should be required.
1) The documents discuss various security and privacy issues related to connected medical devices and sensor technologies, including risks from data theft, misuse, and accidental data loss or system failures.
2) Regulations around data security, privacy, and individuals' data rights vary between the US and EU, with the EU having a more comprehensive set of centralized regulations covering these issues.
3) Maintaining strong relationships with security researchers, including "white hat" hackers who identify vulnerabilities ethically, can help improve the security of connected technologies.
This document provides an introduction and overview of computer security and privacy. It discusses how computer security aims to protect information from unauthorized access while allowing intended use. Privacy involves protecting personal information. The document then covers physical security, network security, basic security objectives of confidentiality, integrity and availability. It provides examples of security policies, mechanisms, and goals of prevention, detection and recovery. Finally, it discusses the brief history of computer security and privacy and covers early efforts to address these issues through standards, legislation and security controls.
American Bar Association guidelines on Cyber Security standardsDavid Sweigert
The document is a resolution from the American Bar Association that encourages organizations to develop and maintain cybersecurity programs to protect their data and systems from threats. It recommends that organizations conduct risk assessments, implement security controls based on the risks identified, develop response plans for cyber attacks, and engage in information sharing about cyber threats. The resolution aims to address the growing cybersecurity threats facing both private and public sector organizations and the nation's critical infrastructure systems.
This document discusses how personal injury lawyers are beginning to use data collected from wearable fitness trackers as evidence in legal cases. Some key points:
- Personal injury lawyers are having clients wear fitness trackers to collect detailed activity data before and after accidents to demonstrate the physical impacts of injuries.
- This objective data could help bolster claims about reduced mobility and quality of life in court, especially when combined with testimony. However, data could also potentially hurt some cases.
- Courts will need to determine whether wearable data should be admissible as evidence and if it violates privacy. Precedents suggest data may be allowed if relevant and privacy is protected.
- Questions remain about how reliably the data represents
This document is a research project submitted by Ronak Karanpuria to Prof. S.B.N. Prakash at the National Law School of India University in Bangalore for the subject of E-commerce & IT law in trimester IV of 2013-14. The research project examines the topic of "Electronic Evidence" and addresses its relevance, authenticity, and admissibility in court procedures in the context of the modern digital environment. The document includes sections on the types of electronic evidence, assessing electronic evidence, techno-legal prerequisites for electronic evidence, and the admissibility of electronic evidence. It also briefly discusses cloud computing.
Causes of the Growing Conflict Between Privacy and SecurityDon Edwards
The struggle of maintaining an acceptable level of individual privacy is inherent in any society which values group protection from both internal and external threats. This paper illustrates the competing priorities that are the source of the conflict between privacy and security.
Computers in Pharmaceutical Formulations - Final.pptxMittalGandhi
This document discusses some of the key ethical issues related to using computers in pharmaceutical research, including privacy, liability, ownership, and power. Regarding privacy, it notes that computers have increased both the scale and qualitative nature of privacy intrusions. The three elements of relevance, consent, and method are discussed in relation to privacy intrusions. Issues of liability around software as a product versus service and ensuring accuracy of data are also covered. Questions around how to define and protect ownership of computer software as a unique type of property are raised.
What is cyber law?
What is cyber crime?
Cybercrimes areas
what law relating to
Data protection and privacy
Software Licensing Issues
IT acts
Policy Versus Law
Codes of Ethics and Professional Organizations
- Cybersecurity refers to protecting information and communication systems from cyberattacks. It has become an important issue as technology has become ubiquitous and critical infrastructure increasingly relies on interconnected systems.
- Managing cybersecurity risk involves addressing threats, vulnerabilities, and potential impacts. Threats can come from criminals, spies, hackers or activists. Vulnerabilities are ways systems can be attacked. Impacts range from minor disruptions to significant effects on national security and the economy if critical infrastructure is compromised.
- The federal government works to secure its own systems and help protect non-federal systems and critical infrastructure. Congress is considering legislation to improve information sharing, cybersecurity workforce training, and protection of critical infrastructure. However, long-term challenges
Getting the social side of pervasive computing rightblogzilla
The document discusses privacy issues that may arise with the rise of pervasive computing technologies. It outlines four "dark scenarios" showing potential social problems, including inaccurate personal profiling, location tracking without consent, and health monitoring system failures. The document calls for privacy to be designed into new technologies from the start through principles like data minimization, in order to build public trust and avoid privacy disasters.
The document discusses the growth of electronic data and its impact on e-discovery in litigation. It notes that e-discovery cases and sanctions are on the rise as data volumes grow exponentially. Various judges weigh in on parties' obligations around e-discovery and the consequences for failing to meet those obligations. The use of cloud computing and managed services is presented as a way for law firms to more efficiently handle e-discovery. The document concludes by emphasizing the need for a coordinated approach and proper resources to successfully manage e-discovery.
•Reflective Log•Your reflective log should include the.docxtawnyataylor528
•
Reflective Log
•
Your
reflective
log
should include the following
•
What was your role within the business simulation company?
Demonstrate how you used the resources critically to make decisions
while you were running the company.
.
•The philosophers Thomas Hobbes and John Locke disagreed on the un.docxtawnyataylor528
•The philosophers Thomas Hobbes and John Locke disagreed on the understanding of political authority, with Locke taking what is commonly called the “liberal” view. Choose a side (be brave perhaps; take a side you actually disagree with). Using the writings of each given in our class text or at the Websites below, make your case for the side you chose and against the other side. Identify one (1) modern situation in the world where these issues are significant.
Philosophers Debate Politics
•Chapter 24 (pp. 768-9)
•Hobbes: text at
http://oregonstate.edu/instruct/phl302/texts/hobbes/leviathan-contents.html
;
Summary at http://plato.stanford.edu/entries/hobbes-moral/; also
http://jim.com/hobbes.htm
•Locke: text at http://www.thenagain.info/Classes/Sources/Locke-2ndTreatise.html; General
background of the concept at
http://www.digitalhistory.uh.edu/teachers/lesson_plans/pdfs/unit1_12.pdf
.
More Related Content
Similar to Journal of Criminal Law and CriminologyVolume 103 Issue .docx
A survey of confidential data storage and deletion methodsunyil96
This document surveys methods for confidential data storage and deletion. It begins with an introduction explaining the importance of protecting sensitive data throughout its lifetime, from storage to disposal. It then provides background on security concepts and compares existing approaches based on their strength of confidentiality, ease of use, performance, and flexibility in implementing security policies. The focus is on single-user computing environments and threats from dead forensic analysis of storage media.
A Survey of Security and Forensic Features In Popular eDiscovery Software SuitesCSCJournals
Litigation these days involves Electronically Stored Information (ESI) for legal purposes. Electronic discovery, also known as eDiscovery, is a process involving legal parties on a case to preserve, collect, review, and exchange electronic information for the purpose of using it as evidence in the case. In the past two decades, the software industry has launched many products catering to eDiscovery. With the advent of cloud computing, storage of electronic data has become cheaper and attractive for eDiscovery needs. With the ever growing technological advances, access to such storage has become simplified for enterprises distributed across the globe. eDiscovery product vendors have embraced the cloud and often allow their products to store and retrieve electronic evidence from the cloud. In this paper, we survey and explore eDiscovery product features focusing on available product security features, security features for evidence protection, incident forensics readiness and cloud forensics. We strive to highlight the challenges in the eDiscovery field when handling vast volumes of electronic evidence and propose incorporating industry best practices in implementing effective security and incident forensics at the product level.
This document discusses the field of computer forensics. It defines computer forensics as the collection, preservation, and analysis of computer-related evidence. The goal is to provide solid legal evidence that can be admitted in court and understood by laypeople. Computer forensics is used to investigate various incidents including human behavior like fraud, physical events like hardware failures, and organizational issues like staff changes. It aims to determine the root cause of system disruptions and failures.
The Best Online Security Service for
CIM – Central Management
Log Monitoring
Intrusion Detection Systems
Firewall Monitoring System
Host based IDSs
Vulnerability Scanning
Evidence Retention
CIM Intelligence
A must to see for all,......!!!
Ethics and Security of Cloud Computing for LawyersRobert Ambrogi
Lawyers have an ethical duty to protect client confidential information and safeguard client files. Most ethics panels agree that lawyers may use cloud computing services if they take reasonable steps to minimize risks, such as understanding the technology, ensuring access to and protection of data, and verifying security measures of cloud providers. Competent use of cloud computing requires diligence in areas like company reviews, access to data, encryption, backup procedures, and network and physical security.
Legal Issues in Data Privacy and Security: Response Readiness Before the BreachDawn Yankeelov
The document summarizes legal issues related to data privacy and security breaches. It discusses (1) the relevant cost-benefit analysis that courts consider for data security, (2) examples of court orders regarding document productions and computer forensics in litigation, and (3) that parties are responsible for errors made by their vendors. The document then provides an agenda on legal issues in data privacy and security, including anticipating threats, incident response, and applying relevant laws and frameworks.
Lofty Ideals: The Nature of Clouds and EncryptionSean Whalen
An overview of the legal, privacy, and security issues surrounding modern cloud services and cryptography
Created as an alumnus talk for the Computer & Network Support Technology Fairfield Career Center senior class of 2016.
This document summarizes a paper about increasing data breaches and the need for legislation to address the problem. It notes that over 233 million US records have been exposed due to breaches since 2005. The document discusses the costs of breaches to companies and common causes, such as lost or stolen devices. It argues that while some states have breach notification laws, federal legislation is needed to standardize security practices and privacy protections across industries. The paper aims to examine if legislation is needed to reduce breaches, when people should be notified of breaches, and if compensation should be required.
1) The documents discuss various security and privacy issues related to connected medical devices and sensor technologies, including risks from data theft, misuse, and accidental data loss or system failures.
2) Regulations around data security, privacy, and individuals' data rights vary between the US and EU, with the EU having a more comprehensive set of centralized regulations covering these issues.
3) Maintaining strong relationships with security researchers, including "white hat" hackers who identify vulnerabilities ethically, can help improve the security of connected technologies.
This document provides an introduction and overview of computer security and privacy. It discusses how computer security aims to protect information from unauthorized access while allowing intended use. Privacy involves protecting personal information. The document then covers physical security, network security, basic security objectives of confidentiality, integrity and availability. It provides examples of security policies, mechanisms, and goals of prevention, detection and recovery. Finally, it discusses the brief history of computer security and privacy and covers early efforts to address these issues through standards, legislation and security controls.
American Bar Association guidelines on Cyber Security standardsDavid Sweigert
The document is a resolution from the American Bar Association that encourages organizations to develop and maintain cybersecurity programs to protect their data and systems from threats. It recommends that organizations conduct risk assessments, implement security controls based on the risks identified, develop response plans for cyber attacks, and engage in information sharing about cyber threats. The resolution aims to address the growing cybersecurity threats facing both private and public sector organizations and the nation's critical infrastructure systems.
This document discusses how personal injury lawyers are beginning to use data collected from wearable fitness trackers as evidence in legal cases. Some key points:
- Personal injury lawyers are having clients wear fitness trackers to collect detailed activity data before and after accidents to demonstrate the physical impacts of injuries.
- This objective data could help bolster claims about reduced mobility and quality of life in court, especially when combined with testimony. However, data could also potentially hurt some cases.
- Courts will need to determine whether wearable data should be admissible as evidence and if it violates privacy. Precedents suggest data may be allowed if relevant and privacy is protected.
- Questions remain about how reliably the data represents
This document is a research project submitted by Ronak Karanpuria to Prof. S.B.N. Prakash at the National Law School of India University in Bangalore for the subject of E-commerce & IT law in trimester IV of 2013-14. The research project examines the topic of "Electronic Evidence" and addresses its relevance, authenticity, and admissibility in court procedures in the context of the modern digital environment. The document includes sections on the types of electronic evidence, assessing electronic evidence, techno-legal prerequisites for electronic evidence, and the admissibility of electronic evidence. It also briefly discusses cloud computing.
Causes of the Growing Conflict Between Privacy and SecurityDon Edwards
The struggle of maintaining an acceptable level of individual privacy is inherent in any society which values group protection from both internal and external threats. This paper illustrates the competing priorities that are the source of the conflict between privacy and security.
Computers in Pharmaceutical Formulations - Final.pptxMittalGandhi
This document discusses some of the key ethical issues related to using computers in pharmaceutical research, including privacy, liability, ownership, and power. Regarding privacy, it notes that computers have increased both the scale and qualitative nature of privacy intrusions. The three elements of relevance, consent, and method are discussed in relation to privacy intrusions. Issues of liability around software as a product versus service and ensuring accuracy of data are also covered. Questions around how to define and protect ownership of computer software as a unique type of property are raised.
What is cyber law?
What is cyber crime?
Cybercrimes areas
what law relating to
Data protection and privacy
Software Licensing Issues
IT acts
Policy Versus Law
Codes of Ethics and Professional Organizations
- Cybersecurity refers to protecting information and communication systems from cyberattacks. It has become an important issue as technology has become ubiquitous and critical infrastructure increasingly relies on interconnected systems.
- Managing cybersecurity risk involves addressing threats, vulnerabilities, and potential impacts. Threats can come from criminals, spies, hackers or activists. Vulnerabilities are ways systems can be attacked. Impacts range from minor disruptions to significant effects on national security and the economy if critical infrastructure is compromised.
- The federal government works to secure its own systems and help protect non-federal systems and critical infrastructure. Congress is considering legislation to improve information sharing, cybersecurity workforce training, and protection of critical infrastructure. However, long-term challenges
Getting the social side of pervasive computing rightblogzilla
The document discusses privacy issues that may arise with the rise of pervasive computing technologies. It outlines four "dark scenarios" showing potential social problems, including inaccurate personal profiling, location tracking without consent, and health monitoring system failures. The document calls for privacy to be designed into new technologies from the start through principles like data minimization, in order to build public trust and avoid privacy disasters.
The document discusses the growth of electronic data and its impact on e-discovery in litigation. It notes that e-discovery cases and sanctions are on the rise as data volumes grow exponentially. Various judges weigh in on parties' obligations around e-discovery and the consequences for failing to meet those obligations. The use of cloud computing and managed services is presented as a way for law firms to more efficiently handle e-discovery. The document concludes by emphasizing the need for a coordinated approach and proper resources to successfully manage e-discovery.
Similar to Journal of Criminal Law and CriminologyVolume 103 Issue .docx (20)
•Reflective Log•Your reflective log should include the.docxtawnyataylor528
•
Reflective Log
•
Your
reflective
log
should include the following
•
What was your role within the business simulation company?
Demonstrate how you used the resources critically to make decisions
while you were running the company.
.
•The philosophers Thomas Hobbes and John Locke disagreed on the un.docxtawnyataylor528
•The philosophers Thomas Hobbes and John Locke disagreed on the understanding of political authority, with Locke taking what is commonly called the “liberal” view. Choose a side (be brave perhaps; take a side you actually disagree with). Using the writings of each given in our class text or at the Websites below, make your case for the side you chose and against the other side. Identify one (1) modern situation in the world where these issues are significant.
Philosophers Debate Politics
•Chapter 24 (pp. 768-9)
•Hobbes: text at
http://oregonstate.edu/instruct/phl302/texts/hobbes/leviathan-contents.html
;
Summary at http://plato.stanford.edu/entries/hobbes-moral/; also
http://jim.com/hobbes.htm
•Locke: text at http://www.thenagain.info/Classes/Sources/Locke-2ndTreatise.html; General
background of the concept at
http://www.digitalhistory.uh.edu/teachers/lesson_plans/pdfs/unit1_12.pdf
.
•From the first e-Activity, examine two (2) economic effects that yo.docxtawnyataylor528
•From the first e-Activity, examine two (2) economic effects that you believe the Iranian elections have on other countries that are currently allies with this nation. Provide a rationale for your response.
•Suggest two (2) factors that make the United States, Saudi Arabia, and the European Union allies on the world stage of politics. Provide two (2) pieces of evidence to support your rationale.
.
• What are the NYS Physical Education Standards, and how do they ali.docxtawnyataylor528
• What are the NYS Physical Education Standards, and how do they align with the National PE standards?.
• What is adaptive physical education? Are there a set of standards? If so, what are they?
• Create a chart or table listing each set of standards, and show their alignment.
.
• Choose a health problem in the human population. Some examples i.docxtawnyataylor528
• Choose a health problem in the human population. Some examples include cardiovascular disease, diabetes, cancer of a specific organ, an infectious disease, etc.
• Describe the biological and physiological aspects of the health problem and potential chemical treatments or pathways that are affected.
• Discuss the natural progression of chronic diseases, or the natural history of infectious or exposure-related illnesses.
• What are the potential outcomes of the disease (recovery or death), and what leads to those potential outcome(s)?
• The paper should be at least 975 words in length.
• Include a list of references in APA format, including the information used from the modules.
.
•Key elements to GE’s learning culture include active experimentat.docxtawnyataylor528
•Key elements to GE’s learning culture include active experimentation and action-based learning, as the talented people GE attracts and recruits apply themselves to unravel the most challenging problems of the future. GE leaders are evaluated on how well they guide the professional growth of their people, providing counsel and goal setting. Leaders are responsible for ensuring functional competence and overall business excellence of their teams, in an operating climate that emphasizes unyielding integrity.
•Use GE’s website write a 3-4 page (body of the paper should be 3-4 pages) paper discussing how training, development, and learning programs have contributed to GE’s success Review the following information about GE’s Training and Development to help get you started:
Leadership and Learning Programs – to go to the website click on the links below
•Entry-level Leadership Programs:
GE's Corporate Entry-level Leadership Programs offer recent college graduates prized development opportunities that combine real-world experience with formal classroom study. Through a series of rotating assignments — typically over a period of two years — young professionals receive accelerated professional development, world-class mentors, and global networking that cuts across GE's businesses.
•Experienced Leadership Programs:
Experienced professionals who wish to accelerate their careers find fitting opportunity in our Experienced Leadership Programs. The programs position high-potential talent in collaboration with some of the top innovators in their fields, offering intensive on-the-job development in the areas of Corporate Audit, Human Resources and Sales and Marketing.
•John F. Welch Leadership Development Center:
At GE, learning is a cultural force and Crotonville is its epicenter. For more than 50 years, the legendary John F. Welch Leadership Center has been at the forefront of real-world application for cutting-edge thinking in organizational development, leadership, innovation and change. Established in 1956, the 53-acre corporate learning campus was the first of its kind in the world.
The Crotonville campus attracts the world's brightest and most influential minds in academia and business. Every year, for thousands of our people from entry-level employees to our highest-performing executives, a journey to Crotonville is something of a pilgrimage — a transformative learning experience that, for many, becomes a defining career event.
.
• This summative assessment can be completed in class or at any .docxtawnyataylor528
• This summative assessment can be completed in class or at any other convenient location.
• Students are required to complete this task using digital tools and ensure to submit in an acceptable format, e.g. .docx, .pdf, .pptx, or as advised by your assessor.
• Please use the following formatting guidelines to complete this assessment task:
• Font Size: 12; Line Spacing: Double; Font Style: Times New Roman
• Assessment activities can be completed either in real workplace environment or in a simulated environment such as your classroom. In both cases, appropriate evidence of the assessment activities must be provided.
Instruction to Assessors:
https://zealtutors.com/2021/05/11/assuming-your-organization-was-awarded-the-following-tender-atm-id-naa-rft-20xx-105/
• You must assess student’s assessment according to the provided Marking Criteria.
• You must complete and record any evidence related to assessment activities including role-plays and presentations using appropriate forms which must be attached with student assessment submission.
• You must provide students with detailed feedback within 10 working days from submission.
Assuming your organization was awarded the following tender:
ATM ID: NAA RFT 20xx/1058
Agency: National Archives of Australia
Category: 81110000 – Computer services
Close Date & Time: 15-Aug-20xx 2:00 pm (ACT Local Time)
Publish Date: 15-Jul-20xx
Location: ACT Canberra
ATM Type: Request for Tender
APP Reference: NAA20XX-1
Multi Agency Access: No
Panel Arrangement: No
Description:
A service provider is being sought for the technical upgrade of the Archives’ website Destination: Australia. In order to ensure the best value for money and optimal functionality (for the website and related exhibition interactive) going forward, it is necessary for the website to be transferred from a proprietary CMS to a commonly available CMS (including, but not limited to, an Open Source CMS).
https://4assignmenthelpers.com/assuming-your-organization-was-awarded-the-following-tender-atm-id-naa-rft-20xx-105/
The website will enable the National Archives of Australia to collect user contributed data about the photographic collection featured on the site. The interface must be modern, engaging and user-friendly, designed to meet the needs of people of all ages, and differing levels of computer and English literacy. The website must interact successfully with an exhibition interactive via an existing API. There is an option for hosting, maintenance and support services to be provided from contract execution until 31 December 2019.
Timeframe for Delivery: November/December 20XX with a possible extension of up to 3 years for hosting and maintenance.
http://assignmenthelp4u.com/assuming-your-organization-was-awarded-the-following-tender-atm-id-naa-rft-20xx-105/
The Requirement
The National Archives of Australia (Archives) (the Customer) is responsible under the Archives Act 1983 (Cth) for the preservation and storage of .
• 2 pages• APA• how the airport uses sustainability at the o.docxtawnyataylor528
• 2 pages
• APA
•
h
ow the airport uses sustainability at the operational side/airside (everything behind the gate and basically where the airplanes are) at an airport
• e.g. use of electric cars at the airfield, like buses for passengers etc.
• Due 6 PM (NY Time)
Thank you so much!
.
¿Lógico o ilógicoIndicate whether each of the doctors statemen.docxtawnyataylor528
¿Lógico o ilógico?
Indicate whether each of the doctor's statements is
lógico
or
ilógico
.
"En este hospital se prohíben exámenes médicos."
"Esta mañana se me rompió la mano; tuve que cancelar todas las citas de esta semana."
"Se necesitan medicinas porque hay pacientes enfermos."
"En mi consultorio se regalan radiografías."
"A un enfermero se le cayeron unas botellas; por eso el paciente se quitó los zapatos."
Oraciones con
se
Rewrite the sentences using
se
.
Modelo
Buscamos médicos bilingües.
Se buscan médicos bilingües.
No pueden hablar por teléfono.
Mariela sufre muchos dolores de cabeza. Debe trabajar más.
Fiebre
se escribe así: efe - i - e - be - ere - e.
A Felipe no le gustan mucho las películas; va al cine constantemente.
Conversaciones
Choose the correct adverbs to complete the conversations.
—Éstas son las pastillas que usted debe tomar. Recuerde, son cuatro pastillas al día; debe tomarlas...
—Perdone, doctora, ¿puede hablar más ? Es que con este dolor de cabeza escucho.
—¿Te enfermas ?
— , me enfermo una vez al año.
—¿Qué te dijo el médico?
—Que debo nadar una hora, tres veces por semana porque siento dolor en los huesos. La natación es muy buena para la circulación y no lastima los huesos.
Adverbios
Fill in the blanks with words from the list. Two words will not be used.
a tiempo
casi
muchas veces
poco
rápido
tarde
Mi amigo Onofre y yo estudiamos medicina. A nuestra profesora de biología le importa mucho la puntualidad. Si los estudiantes llegan
(1) [removed],
ella está de buen humor; pero si no, ¡ojo (
watch out
)!
(2) [removed]
Onofre y yo llegamos
(3) [removed]
a clase, y ahora bajaron nuestras notas (
grades
). ¡Vamos a tener que caminar
(4) [removed]
a clase!
.
·Which of the following is considered a hybrid organizational fo.docxtawnyataylor528
·
Which of the following is considered a hybrid organizational form?
·
sole proprietorship
·
corporation
·
limited liability partnership
·
partnership
.
·Write aresearch paper of three (3) body pages on a narrow aspec.docxtawnyataylor528
·
Write aresearch paper of three (3) body pages on a narrow aspect of the topic
“
how a specific innovation or discovery from the past has impacted or changed some aspect of human history.”
The paper may be either an argumentative or analytical essay. Utiliz
e
at least three
high-quality academic references that you access through FDU on-line or physical libraries.
At least one must be a scholarly/peer reviewed article.
Use of Wikipedia, blogs, .com websites of people not known as experts in their fields, and similar sources do
not
meet this “high-quality” requirement.
·
Develop a clear thesis statement that you will support in your paper. This requires researching, analyzing, appropriately quoting, paraphrasing and summarizing the resources as well as synthesizing material. Utilize information from your resources to draw implications that support your thesis. Be SPECIFIC and EXPLICIT in providing data and in drawing conclusions
·
Your paper will be written in APA format and must include:
·
Title page
·
Abstract
·
Fully researched body with appropriate in text citations
·
References
·
Appendices (if appropriate)
Cover, Abstract/Prefatory Information, References, Appendix, Illustrations and other support materials
are in addition
to the three body pages noted above.
Your paper
must
be double space, 12 pt. Times New Roman, with paragraph indents, no extra spaces between paragraphs, on US letter paper. Margins must be 1 inch top, bottom and
both sides, with alignment flush left and uneven, or
ragged
, on right.
·
In-text citations (including secondary source citations) and references must follow APA guidelines as covered in class and in handouts that are distributed to you.
Your OUTLINE/graphic organizer will be graded separately and will be worth 10 points. Your paper will be worth 90 points, for a total of 100 points on this assignment.
.
·InterviewConduct an interview and document it.During this c.docxtawnyataylor528
·
Interview
Conduct an interview and document it.
During this course we have learned about organizational culture and structure, we have spoken of feedback and job types. As project that pulls together all concepts from this course you will conduct an interview. Document the interview and draw a conclusion in a short four to five sentence summary of the experience.
1.
create 8 to 10 professional and quality interview questions
2.
decide how you are going to document the interview (audio, video or type)
3.
conduct the interview
4.
confirm that the interview was documented
5.
write the summary paragraph
6.
submit your assignment
The topic and interviewee are to be of your choice and should allow you to learn something that will help in pursuit of your career.
.
·Submit a 50- to 100-word response to each of the followin.docxtawnyataylor528
·
Submit
a 50- to 100-word response to
each of
the following questions:
o
Understanding a Will
1.
What is
a will and what is
the benefit of having
one
?
2.
Why is it important to also have a living revocable trust with a will?
o
Creating a Durable Power of Attorney for Health Care
What is a Durable Power of Attorney for Healthcare? What information does the document provide? How is this document related to an advance directive (aka living will)?
o
Understanding the Purpose of the Must-Have Documents
4.
Why might these forms need to be
updated?
How would you go about making these updates to ensure they are valid?
5.
In what ways did you find any of these forms to be difficult to complete? What did you learn as a result of completing these forms?
.
·Section 3·Financial management, quality and marketing asp.docxtawnyataylor528
·
Section 3
·
Financial management, quality and marketing aspects of the organization
·
Financial
·
Analysis of the service reimbursement for the organization (State, Federal, Insurance and Private Pay)
·
Methods of funding
·
Research issues
·
Quality and Ethics
·
Accreditation
·
Awards
·
Regulation
·
Ethical issues regarding who receives care at the organization
·
Marketing
·
Strategies
·
Branding
·
Community and employee involvement
·
Section 4
·
Impact of economic and outside influences to the organization
·
National and world economy impact
·
Explanation of the sustainability of this organizational care model
·
Healthcare reform
·
Regulations
·
Section 5
·
Conclusion for your paper and combine all the sections into a project paper
·
Recap the info regarding organization
·
Glimpse into the future for the organization based on your learning
·
Combine all parts into a APA formatted product
.
·Why is the effort to standardize the language used in reporti.docxtawnyataylor528
Standardizing the language used in reporting clinical trials through MedDRA is important for harmonization worldwide because it allows for consistent interpretation of data across all clinical trials and countries. Using a common language and terminology in MedDRA ensures that adverse events, medical conditions, and other outcomes are classified and coded in the same way. This consistency and harmonization facilitates the sharing and comparison of data from different clinical trials and populations.
·Humans belong to the genus Homo and chimpanzees to the genus .docxtawnyataylor528
·
Humans belong to the genus Homo and chimpanzees to the genus Pan, yet studies of primate genes show that chimpanzees and humans are more closely related to one another than each is to any other animals. In light of this result, some researchers suggest that chimpanzees should be renamed as members of the genus Homo. Discuss at least three (3) practical, scientific, and / or ethical issues that might be raised by such a change in naming. aleast 400 words.
.
·Crash House II and add resources and costs—remember, only crash.docxtawnyataylor528
·
Crash House II and add resources and costs—remember, only crash tasks on the critical path and start with the lowest cost.
•
Perform resource allocation and crash House II for House III homework.
I need an Email address to send the attachment I can't uploade it here.
.
·What is the main difference between the approaches of CONFLICT .docxtawnyataylor528
Conflict theory views crime as a product of social and economic forces that promote inequality and competition, while functionalist theory sees crime as inevitable and even somewhat beneficial to society. The media is often criticized for portraying women as sexual objects rather than as complete human beings, and some think boundaries should restrict overly sexualized or degrading portrayals out of respect for human dignity.
·What is the work of art’s historical and cultural context·.docxtawnyataylor528
·
What is the work of art’s historical and cultural context?
·
Does the work adhere to the conventions of the style movement / artistic period, or does it go against those conventions?
·
How are the two works of art similar? How are they different?
o
What can we conclude from those similarities and differences?
Your draft should be 2 – 3 pages long and include at least
four
scholarly sources (two for each work of art). Check out these databases from the
Shapiro Library website
to help you get started:
·
JSTOR: you can search by subject; “Art & Art History” is your best bet here
·
Project MUSE: you can search for articles by subject here as well; look for articles under “Art and Architecture”
.
·Review the steps of the SDLC. Explain why quality service deliv.docxtawnyataylor528
·
Review the steps of the SDLC. Explain why quality service delivery depends on the execution of the service delivery life cycle. Discuss the aspects of the SDLC that are critical to quality service management. Explain your answer.
·
From the e-Activity, explain how the service delivery model used within an organization impacts an IT organization at the enterprise level.
.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
-------------------------------------------------------------------------------
Find out more about ISO training and certification services
Training: ISO/IEC 27001 Information Security Management System - EN | PECB
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Webinars: https://pecb.com/webinars
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For more information about PECB:
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Slideshare: http://www.slideshare.net/PECBCERTIFICATION
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
South African Journal of Science: Writing with integrity workshop (2024)
Journal of Criminal Law and CriminologyVolume 103 Issue .docx
1. Journal of Criminal Law and Criminology
Volume 103 | Issue 3 Article 2
Summer 2013
Privacy Versus Security
Derek E. Bambauer
Follow this and additional works at:
http://scholarlycommons.law.northwestern.edu/jclc
Part of the Criminal Law Commons
This Symposium is brought to you for free and open access by
Northwestern University School of Law Scholarly Commons. It
has been accepted for
inclusion in Journal of Criminal Law and Criminology by an
authorized administrator of Northwestern University School of
Law Scholarly Commons.
Recommended Citation
Derek E. Bambauer, Privacy Versus Security, 103 J. Crim. L. &
Criminology 667 (2013).
http://scholarlycommons.law.northwestern.edu/jclc/vol103/iss3/
2
http://scholarlycommons.law.northwestern.edu/jclc?utm_source
=scholarlycommons.law.northwestern.edu%2Fjclc%2Fvol103%2
Fiss3%2F2&utm_medium=PDF&utm_campaign=PDFCoverPage
s
http://scholarlycommons.law.northwestern.edu/jclc/vol103?utm
3. security and privacy can, and should, be treated as distinct
concerns.
Privacy discourse involves difficult normative decisions about
competing
claims to legitimate access to, use of, and alteration of
information. It is
about selecting among different philosophies and choosing how
various
rights and entitlements ought to be ordered. Security
implements those
choices—it mediates between information and privacy
selections. This
Article argues that separating privacy from security has
important
practical consequences. Security failings should be penalized
more readily
and more heavily than privacy ones, both because there are no
competing
moral claims to resolve and because security flaws make all
parties worse
off. Currently, security flaws are penalized too rarely, and
privacy ones too
readily. The Article closes with a set of policy questions
highlighted by the
4. privacy-versus-security distinction that deserve further
research.
I. PRIVACY VERSUS SECURITY
Acxiom is one of the world’s foremost data mining companies.
The
company’s databases contain information on over half a billion
consumers,
with an average of 1,500 transactions or data points per
consumer.1 It
processes one billion such records each day.2 Each consumer
receives a
unique numeric identifier, allowing Acxiom to track and
classify them by
location, credit card usage history, and even interests.3 Acxiom
earns over
a billion dollars annually by selling this data to companies that
want to
* Associate Professor of Law, University of Arizona James E.
Rogers College of Law.
Thanks for helpful suggestions and discussion are owed to Jane
Bambauer, Danielle Citron,
Dan Hunter, Margo Kaplan, Thinh Nguyen, Paul Ohm, and Tal
Zarsky. The author
5. welcomes comments at: [email protected]
1 Natasha Singer, You for Sale: A Data Giant Is Mapping, and
Sharing, the Consumer
Genome, N.Y. TIMES, June 17, 2012, at B1.
2 Richard Behar, Never Heard of Acxiom? Chances Are It’s
Heard of You, FORTUNE,
Feb. 23, 2004, at 140.
3 Id. at 144.
668 DEREK E. BAMBAUER [Vol. 103
market their wares more effectively.4 If Big Data has an
epicenter, it is
likely located in Conway, Arkansas, where Acxiom’s server
farm can be
found.5
Even giants make mistakes. In February 2003, Acxiom
provided a
defense contractor with the Social Security numbers of
passengers who
flew on JetBlue flights.6 The contractor used one of those
Social Security
numbers in a PowerPoint presentation, and that passenger’s
information
6. quickly became public.7 The disclosure led to intense criticism
of the
company and to a complaint to the Federal Trade Commission.8
And, in 2002 and 2003, hackers penetrated Acxiom’s
computers,
accessing records on millions of American consumers. Acxiom
failed to
detect the breaches; rather, the attacks were noticed first by
local law
enforcement and then by the Federal Bureau of Investigation
(FBI).9
Indeed, in the 2003 case, Acxiom had no idea its systems had
been
compromised until a Cincinnati sheriff turned up compact discs
filled with
the company’s records while searching the home of a systems
administrator
for a marketing firm.10 It was only while the FBI was
investigating the case
that agents stumbled upon a second group of hackers who had
broken into
Acxiom’s server three times the prior year.11 The Cincinnati
systems
administrator captured the sensitive data while it was being
7. transferred via
File Transfer Protocol (FTP), without encryption, from a server
outside
Acxiom’s firewall—the equivalent, in security terms, of writing
it on a
postcard sent through regular mail.12
Thus, Acxiom exposed sensitive consumer data three times—
once
through a deliberate choice and twice through incompetence.
Privacy
advocates were outraged in each instance. This Article argues,
though, that
these cases—the disclosure, and the hacks—should be treated
differently.
The disclosure is a privacy problem, and the hacks are a
security problem.
While legal scholars tend to conflate privacy and security, they
are distinct
4 Id. at 140.
5 Singer, supra note 1, at B1.
6 See Behar, supra note 2, at 140.
7 Id. at 146.
8 Marilyn Adams & Dan Reed, Passengers Sue JetBlue for
Sharing Their Data, USA
8. TODAY, Sept. 24, 2003, at 3B.
9 Behar, supra note 2, at 142; Linda Rosencrance, Acxiom
Database Hacked: Sensitive
Information Was Downloaded but Apparently Not Distributed,
COMPUTERWORLD (Aug. 8,
2003, 12:00 PM),
http://www.computerworld.com/s/article/83854/Acxiom_databas
e_
hacked.
10 Behar, supra note 2, at 140.
11 Id. at 142.
12 Id. at 148; Rosencrance, supra note 9.
2013] PRIVACY VERSUS SECURITY 669
concerns. Privacy establishes a normative framework for
deciding who
should legitimately have the capability to access and alter
information.
Security implements those choices. A counterintuitive
consequence of this
distinction is that law should punish security failures more
readily and
harshly than privacy ones. Incompetence is worse than malice.
Security, in contrast to privacy, is the set of technological
mechanisms
9. (including, at times, physical ones) that mediates requests for
access or
control.13 If someone wants access to your online banking site,
he needs
your username, password, and personal identification number
(your
credentials).14 The security of your online banking is
determined by the
software on the bank’s server and by who knows your
credentials. If
someone wants access to your paper health records, they need
physical
access to your physician’s file room. The security of your
health records is
determined by the physical configuration of the office and by
who holds a
copy of the key to it. As a privacy matter, you might want only
your doctor
and her medical staff to have access to your records. As a
security matter,
the office’s cleaning staff might have a key that lets them into
the file
room.15
10. The differences between privacy and security matter. Security
defines
which privacy choices can be implemented. For example, if
your entire
electronic medical record is secured by a single mechanism
(such as a
password), it is not possible to enforce selective access, so that
your
dermatologist can see information about your sunscreen use but
not about
your antidepressant use. And privacy dictates how security’s
options
should be implemented, the circumstances under which they are
appropriate, and the directions in which they ought to develop.
Distinguishing between privacy and security is unusual in legal
scholarship. Most academics and advocates treat the two
concerns as
interchangeable or as inextricably intertwined. Jon Mills, for
example,
treats encryption and authentication—classic security
technologies—as
methods of protecting privacy.16 For Mills, any “disclosure
without consent
11. 13 Leslie P. Francis & John G. Francis, Informatics and Public-
Health Surveillance, in
BIOINFORMATICS LAW: LEGAL ISSUES FOR
COMPUTATIONAL BIOLOGY IN THE POST-GENOME
ERA 191 (Jorge L. Contreras & Jamie Cuticchia eds., 2013)
(“‘[S]ecurity’ [refers] to means
for assuring adherence to specified data protections.”).
14 See generally Patco Constr. Co., Inc. v. People’s United
Bank, 684 F.3d 197 (1st Cir.
2012) (reversing summary judgment for defendant bank, which
approved suspicious,
fraudulent transfers after attackers correctly supplied
customers’ credentials).
15 See, e.g., Molly Hennessy-Fiske, Jackson Files Said
Breached, L.A. TIMES, June 11,
2010, at AA1; Chris Dimick, Reports Pour in Under CA’s New
Privacy Laws, J. AHIMA
(July 7, 2009, 1:40 PM),
http://journal.ahima.org/2009/07/07/cas-new-privacy-laws.
16 JON L. MILLS, PRIVACY: THE LOST RIGHT 301–02
(2008).
670 DEREK E. BAMBAUER [Vol. 103
gives rise to privacy concerns.”17 Similarly, Viktor Mayer-
Schönberger
12. takes up the possibilities of digital rights management (DRM)
technology
as a privacy solution.18 Mayer-Schönberger contemplates using
the locks
and keys of DRM as a mechanism to implement restrictions on
who can
access personal information.19 Yet the difficulties he rightly
recognizes in
his proposal, such as comprehensiveness, resistance to
circumvention, and
granularity, are those of security, not privacy.20 DRM is not
privacy at all:
it is security. Placing it in the wrong category causes nearly
insurmountable conceptual difficulties. In assessing privacy
protections on
social networking services, such as Facebook and Orkut, Ruben
Rodrigues
focuses on privacy controls (which enable users to limit access
to
information), and distinguishes data security mechanisms
(which protect
users from inadvertent breaches or deliberate hacks).21 Yet
both, in fact, are
13. aspects of security, not privacy. Here, too, the wrong
classification creates
problems. Rodrigues grapples with problems of access by third-
party
programs, which could be malware or a competitor’s migration
tool; user
practices of sharing login information; and authentication
standards.22 Each
issue is made clearer when realigned as a security matter.
While some privacy scholarship has recognized the privacy–
security
distinction rather murkily, it has not yet been explored
rigorously or
systematically. For example, Charles Sykes treats cryptography
as
conferring privacy, but then later quotes cypherpunk Eric
Hughes, who
writes, “Privacy in an open society requires cryptography. If I
say
something, I want it heard only by those for whom I intend
it.”23 This
correctly recognizes that privacy and security (as implemented
through
cryptography) are different, though complementary. Ira
14. Rubenstein,
17 Id. at 58.
18 VIKTOR MAYER-SCHÖNBERGER, DELETE: THE
VIRTUE OF FORGETTING IN THE DIGITAL
AGE 144–54 (2009). Digital rights management systems
manage what actions a user can
take with digital information (e.g., whether she can open, copy,
or print material), such as an
e-book. See generally Digital Rights Management (DRM) &
Libraries, AM. LIBR. ASS’N,
http://www.ala.org/advocacy/copyright/digitalrights (last visited
Mar. 16, 2013) (explaining
DRM).
19 MAYER-SCHÖNBERGER, supra note 18, at 144–54.
20 Id. at 148–54.
21 Ruben Rodrigues, Privacy on Social Networks: Norms,
Markets, and Natural
Monopoly, in THE OFFENSIVE INTERNET: SPEECH,
PRIVACY, AND REPUTATION 237, 242 (Saul
Levmore & Martha C. Nussbaum eds., 2010).
22 Id. at 248–54.
23 CHARLES J. SYKES, THE END OF PRIVACY 167–69 &
n.* (1999). Cypherpunks
advocate the use of technological self-help, such as through
encryption, as a check on
15. government and corporate power. See, e.g., Eric Hughes, A
Cypherpunk’s Manifesto (Mar.
9, 1993) (unpublished manuscript), available at
http://w2.eff.org/Privacy/Crypto/
Crypto_misc/cypherpunk.manifesto.
2013] PRIVACY VERSUS SECURITY 671
Ronald Lee, and Paul Schwartz seem implicitly to understand
the
distinction, though they do not leverage it, in their analysis of
privacy-
enhancing technologies.24 Thus, in assessing why users have
not embraced
anonymization tools, they concentrate principally on security
risks, such as
the possibility of attacks against these tools or of drawing
attention from
government surveillance. Peter Swire and Lauren Steinfeld
formally treat
security and privacy separately, but conflate the roles of the two
concepts.25
For example, Swire and Steinfeld discuss the Health Insurance
Portability
16. and Accountability Act’s (HIPAA) Privacy Rule but lump in
security
considerations.26 And Paul Schwartz and Ted Janger see
analogous
functioning by information privacy norms, which “insulate
personal data
from different kinds of observation by different parties.”27
That is exactly
what security does, but unlike norms, security restrictions have
real bite.
Norms can be violated; security must be hacked. Rudeness is
far easier to
accomplish than decryption.
The one privacy scholar who comes closest to recognizing the
distinction between security and privacy is Daniel Solove. In
his article on
identity theft, Solove analyzes the interaction (along the lines of
work by
Joel Reidenberg28 and Larry Lessig29 exploring how code can
operate as
law) between architecture and privacy.30 Solove’s view of
architecture is a
holistic one, incorporating analysis of physical architecture,
code,
17. communications media, information flow, and law. Solove
assesses the
way architecture shapes privacy. This is similar to, but distinct
from, this
Article’s argument, which is that security implements privacy.
Moreover,
the security concept is less holistic: it assesses precautions
against a
determined attacker, one unlikely to be swayed by social norms
or even the
24 Ira S. Rubinstein et al., Data Mining and Internet Profiling:
Emerging Regulatory and
Technological Approaches, 75 U. CHI. L. REV. 261, 276–80
(2008) (discussing why users
have not embraced privacy-protecting technologies such as
anonymizers and pseudonyms).
25 Peter P. Swire & Lauren B. Steinfeld, Security and Privacy
After September 11: The
Health Care Example, 86 MINN. L. REV. 1515, 1522 (2002)
(“Both privacy and security
share a complementary goal—stopping unauthorized access,
use, and disclosure of personal
information.”). Security’s goal is stopping unauthorized access.
Privacy’s goal is to define
18. what is treated as “unauthorized.”
26 Id. at 1524–25.
27 Edward J. Janger & Paul M. Schwartz, The Gramm-Leach-
Bliley Act, Information
Privacy, and the Limits of Default Rules, 86 MINN. L. REV.
1219, 1251–52 (2002).
28 Joel R. Reidenberg, Lex Informatica: The Formulation of
Information Policy Rules
Through Technology, 76 TEX. L. REV. 553, 568–76 (1998).
29 Lawrence Lessig, The New Chicago School, 27 J. LEGAL
STUD. 661, 662–65 (1998).
30 Daniel J. Solove, Identity Theft, Privacy, and the
Architecture of Vulnerability, 54
HASTINGS L.J. 1227, 1238–43 (2003).
672 DEREK E. BAMBAUER [Vol. 103
threat of ex post punishment.31
Finally, Helen Nissenbaum’s recent work is instructive about
the
differences between these two concepts, although it is not a
distinction she
draws directly. She argues that standard theories of privacy
devolve, both
descriptively and normatively, into focusing upon either
constraints upon
19. access to, or forms of control over, personal information.32
This
encapsulation points out the problems inherent in failing to
recognize how
privacy differs from security. An individual may put forth a set
of claims
about who should be able to access her personal information or
what level
of control she should have over it.33 Those claims describe a
desired end
state—the world as she wants it to be regarding privacy.
However, those
claims are unrelated to who can access her personal information
or what
level of control she has over it at present. More important,
those normative
claims are unrelated to overall access and control, not only now,
but into
the future, and perhaps in the past. A given state of privacy
may be
desirable even if it is not achievable.
This Article next explores how privacy involves making
normative
20. choices.
II. PRIVACY
At base, privacy issues are arguments about values. Privacy
debates
are some of the most contentious in information law. Scholars
and courts
disagree about virtually everything: the theoretical bases and
contours of
privacy rights;34 the relative merits of free-expression rights
versus
privacy;35 the risks posed by de-identified data;36 the virtues
of a “right to
31 See, e.g., Ebenezer A. Oladimeji et al., Security Threat
Modeling and Analysis: A
Goal-Oriented Approach 1, 4–5 (Nov. 13–15, 2006) (paper
presented at the 10th IASTED
International Conference on Software Engineering and
Applications).
32 HELEN NISSENBAUM, PRIVACY IN CONTEXT:
TECHNOLOGY, POLICY, AND THE INTEGRITY
OF SOCIAL LIFE 69–71 (2010).
33 Id.
34 See, e.g., AMITAI ETZIONI, THE LIMITS OF PRIVACY
(1999); DANIEL J. SOLOVE,
21. UNDERSTANDING PRIVACY (2008); ALAN F. WESTIN,
PRIVACY AND FREEDOM (1967); Richard
A. Posner, The Economics of Privacy, 71 AM. ECON. REV. 405
(1981).
35 See, e.g., Sorrell v. IMS Health Inc., 131 S. Ct. 2653, 2672
(2011) (striking down a
Vermont statute forbidding drug detailers from obtaining
prescription data); Snyder v.
Phelps, 131 S. Ct. 1207, 1220 (2011) (rejecting tort liability for
infliction of emotional
distress for protests at a military funeral).
36 Compare Paul Ohm, Broken Promises of Privacy:
Responding to the Surprising
Failure of Anonymization, 57 UCLA L. REV. 1701 (2010)
(critiquing release of de-identified
data as risky), with Jane Yakowitz, Tragedy of the Data
Commons, 25 HARV. J.L. & TECH. 1
(2011) (criticizing Ohm’s analysis and lauding the benefits of
de-identified data).
2013] PRIVACY VERSUS SECURITY 673
be forgotten”;37 and the benefits of ad-supported media versus
Internet
users’ interests in not being tracked online.38 What makes
these debates so
22. important, and heated, is that they embody a clash between
values and
policies that have legitimate claims for our attention.39
The answers to those arguments can rarely be resolved
empirically;
rather, they depend upon one’s prior normative commitments.
Privacy, as
scholars such as Daniel Solove,40 Danielle Citron,41 Anita
Allen,42 and
Helen Nissenbaum43 remind us, is no longer about a binary
division
between data revealed and data concealed. It is about
competing claims to
information. Put crudely, privacy theory supplies an account of
who should
be permitted to access, use, and alter data, and why those
particular actors
should be viewed as having legitimate entitlements thereto.
Privacy is about power.44 It is about how law allocates power
over
information. Consider one’s banking habits. Federal banking
regulations
(implemented pursuant to the Gramm–Leach–Bliley Act) require
23. that firms
safeguard consumers’ data45 and that they provide those
consumers with
annual descriptions of their privacy practices related to that
data.46 The
mandates are geared almost entirely to notification, however.
Consumers
have no legal entitlement to their data; their only right is to opt
out of
having it shared with non-affiliated third parties.47 (Even this
entitlement
has exceptions, such as for joint marketing programs.48)
Customers have no
37 See, e.g., Norberto Nuno Gomes de Andrade, Oblivion: The
Right to Be Different . . .
from Oneself: Reproposing the Right to Be Forgotten, 13
REVISTA DE INTERNET, DERECHO Y
POLITICA [J. INTERNET L. & POL.] 122, 134 (2012) (Spain)
(arguing for the individual right to
removal of old or obsolescent personal information). But see,
e.g., Jeffrey Rosen, The Right
to Be Forgotten, 64 STAN. L. REV. ONLINE 88 (2012)
(criticizing proposal on free speech
24. grounds); Jane Yakowitz, More Bad Ideas from the E.U.,
FORBES (Jan. 25, 2012, 3:57 PM),
http://www.forbes.com/sites/kashmirhill/2012/01/25/more-bad-
ideas-from-the-e-u/
(criticizing proposal on accuracy and free speech grounds).
38 Natasha Singer, Mediator Joins Contentious Effort to Add a
‘Do Not Track’ Option to
Web Browsing, N.Y. TIMES, Nov. 29, 2012, at B2 (describing
efforts to forge an Internet
standard that balances ad-supported media with individual
claims to privacy).
39 See, e.g., James Q. Whitman, The Two Western Cultures of
Privacy: Dignity Versus
Liberty, 113 YALE L.J. 1151 (2004).
40 SOLOVE, supra note 34.
41 Danielle Keats Citron, Reservoirs of Danger: The Evolution
of Public and Private
Law at the Dawn of the Information Age, 80 S. CAL. L. REV.
241 (2007).
42 ANITA L. ALLEN, UNPOPULAR PRIVACY: WHAT MUST
WE HIDE? (2011).
43 NISSENBAUM, supra note 32.
44 Cf. Robert M. Cover, Violence and the Word, 95 YALE L.J.
1601 (1986).
45 16 C.F.R. § 314 (2012) (implementing 15 U.S.C. §§ 6801(b),
6805(b)(2) (2006)).
46 Id. §§ 313.5–313.18.
47 Id. § 313.10(a).
48 Id. § 313.13(a); see also id. §§ 313.14–313.15 (noting other
exceptions).
25. 674 DEREK E. BAMBAUER [Vol. 103
capability to prevent data sharing with third parties affiliated
with their
banks. Their sole recourse—which is rarely, if ever, exercised
for privacy
reasons—is to switch financial providers.
Firms record and trade in consumers’ financial data. That
means it
holds value. And the law confers that value upon the provider
rather than
upon the consumer. This has two effects. Most immediately, it
makes the
financial firm relatively richer and the individual consumer
relatively
poorer. Second, and more subtly, it impedes development of a
consumer-
side market for financial data.49 A recurring puzzle of privacy
law is why
markets for consumers’ information, where the consumer
accepts bids for
her data, have failed to develop.50 Here, the puzzle likely
arises from
26. information asymmetry: the consumer does not know what data
the bank
holds about her, what it is worth to the bank, or what it is worth
to her.51
Comparing the privacy policies of various providers imposes
some cost;
moreover, such policies tend to be vague (because the law
permits them to
be)52 and largely invariant (because there is little competitive
advantage to
offering heterogeneous terms and because banks rationally set
their defaults
to maximize their information returns).53
Regardless of how well financial privacy regulation actually
functions,
it inarguably implements a set of normative choices. This
allocation of
value might be optimal. It could represent either an efficient
set of defaults
or an efficient societal outcome.54 Providing consumers
greater control
over their information might impose unacceptable costs, or
perhaps
27. financial data simply does not seem sensitive enough to require
greater
protections. This regulatory architecture could result from
public choice
considerations: financial firms hold a concentrated pecuniary
interest in the
49 See Tony Vila et al., Why We Can’t Be Bothered to Read
Privacy Policies: Models of
Privacy Economics as a Lemons Market, in ECONOMICS OF
INFORMATION SECURITY 143,
143–52 (L. Jean Camp & Stephen Lewis eds., 2004).
50 See, e.g., Julie E. Cohen, Irrational Privacy?, 10 J. ON
TELECOMM. & HIGH TECH. L.
241 (2012); Aleecia M. McDonald & Lorrie Faith Cranor, The
Cost of Reading Privacy
Policies, 4 I/S: J.L. & POL’Y FOR INFO. SOC’Y 543 (2008);
Jan Whittington & Chris Jay
Hoofnagle, Unpacking Privacy’s Price, 90 N.C. L. REV. 1327
(2012).
51 See JAMES P. NEHF, OPEN BOOK: THE FAILED
PROMISE OF INFORMATION PRIVACY IN
AMERICA 134–36 (2012); NISSENBAUM, supra note 32, at
105–06; Paul Schwartz, Property,
Privacy, and Personal Data, 117 HARV. L. REV. 2055, 2097
(2004).
28. 52 16 C.F.R. § 313.6.
53 See Woodrow Hartzog, Website Design as Contract, 60 AM.
U. L. REV. 1635, 1639
(2011) (stating that other than design and interactive features,
“the only other contractual
terms on virtually every website are standard-form”).
54 See generally RICHARD H. THALER & CASS R.
SUNSTEIN, NUDGE: IMPROVING
DECISIONS ABOUT HEALTH, WEALTH, AND HAPPINESS
85–87 (2008) (noting the importance of
well-chosen default settings, especially where consumers rarely
change default settings).
2013] PRIVACY VERSUS SECURITY 675
data, while consumers’ interests are diffuse.55 Financial firms
have
experience lobbying regulators; consumers do not.56 Default
entitlement
settings along with disclosure, alienability, and liability rules
all operate to
confer the value of consumer financial data to banks rather than
customers.
Privacy allocations occur outside the commercial context as
well.
29. Records of gun ownership often have stringent privacy
safeguards: in many
states, they are not accessible to the public,57 and even
government actors
face limits58—the Bureau of Alcohol, Tobacco, Firearms and
Explosives is
the only federal agency empowered to trace firearms in criminal
investigations.59 These rules may be sensible on a number of
grounds: they
could safeguard important constitutional values inherent in the
Second
Amendment, protect gun owners from being targeted for theft,
or ensure
that government does not treat citizens who own guns
differently from
those who do not.60 But, counternarratives are possible.
Privacy in gun
ownership records prevents an estranged spouse from learning
that her
husband has purchased a gun.61 It keeps parents from knowing
which of
their children’s friends live in households where a firearm is
present and,
therefore, from deciding whether to let them visit those
30. friends.62
Information about firearm ownership is power, as concealed
carry laws
make plain.63 The privacy rules regarding that ownership
allocate power to
the gun owner and away from those who interact with her. That
choice
may be appropriate or not, but it is definitely a choice.
55 Lynn A. Stout, Uncertainty, Dangerous Optimism, and
Speculation: An Inquiry into
Some Limits of Democratic Governance, 97 CORNELL L. REV.
1177, 1195–96 (2012).
56 See generally Richard L. Hasen, Lobbying, Rent-Seeking,
and the Constitution, 64
STAN. L. REV. 191 (2012).
57 Kelsey M. Swanson, Comment, The Right to Know: An
Approach to Gun Licenses and
Public Access to Government Records, 56 UCLA L. REV. 1579,
1583–88 (2009).
58 See 18 U.S.C. § 926(a) (2006).
59 National Tracing Center, BUREAU OF ALCOHOL,
TOBACCO, FIREARMS & EXPLOSIVES,
http://www.atf.gov/publications/factsheets/factsheet-national-
tracing-center.html (last visited
Mar. 17, 2013).
31. 60 Elaine Vullmahn, Comment, Firearm Transaction Disclosure
in the Digital Age:
Should the Government Know What Is in Your Home?, 27 J.
MARSHALL J. COMPUTER &
INFO. L. 497, 518–26 (2010).
61 James A. Mercy & Linda E. Saltzman, Fatal Violence Among
Spouses in the United
States, 1976–85, 79 AM. J. PUB. HEALTH 595, 596 (1989)
(“Firearms were used in the
perpetration of 71.5[%] of spouse homicides from 1976 to
1986.”).
62 See, e.g., Mathew Miller et al., Firearm Availability and
Unintentional Firearm
Deaths, 33 ACCIDENT ANALYSIS & PREVENTION 477
(2001).
63 See, e.g., M. Alex Johnson, In Florida and Illinois,
Concealed-Weapons Debate Lays
Bare the Politics of Gun Control, NBC NEWS (Dec. 13, 2012,
5:58 PM),
http://usnews.nbcnews.com/_news/2012/12/13/15889808-in-
florida-and-illinois-concealed-
weapons-debate-lays-bare-the-politics-of-gun-control?lite.
676 DEREK E. BAMBAUER [Vol. 103
Privacy, as these two examples demonstrate, is about clashing
32. interests
and values, and about the difficult task of choosing among
them. Shifts in
privacy rules nearly always burden some stakeholders while
benefiting
others. Rule configurations are justified by recourse to value
frameworks:
efficiency, distributive justice, or religious prohibitions.64 And
these
configurations describe how privacy ought to function.
Security, by
contrast, describes how privacy does function.
III. SECURITY
Security implements privacy’s choices. Security determines
who
actually can access, use, and alter data.65 When security
settings permit an
actor without a legitimate claim to data to engage in one of
these activities,
we do not view that fact as altering the normative calculus. The
actor’s
moral claim does not change. The access or use is simply error.
Security,
33. therefore, is the interface layer between information and
privacy. It
mediates privacy rights, putting them into effect. Security is
the bridge
between data and those who consume it.66 Security’s debates
are more
cold-blooded and technical—they are about relative
informational
advantages, the ability to bear costs, and the magnitude and
probability of
harm.67 Like precautions against civil harms (the domain of
tort law),
security measures exist along a continuum.68 Perfection is
generally
unattainable or unaffordable.69 Where there are normative
choices—such
as who should bear residual risk—they tend to be more deeply
buried, or
subsumed in utilitarian methodologies.
Formally, then, security is agnostic about how privacy rules
dictate
selection of who may interact with data. The capability to
access or alter
34. 64 Privacy discourse often fails to make these normative
commitments explicit.
However, the best privacy scholarship sets forth clearly its
bases for favoring a particular
regime. See, e.g., NISSENBAUM, supra note 32, at 129–57.
65 See Derek E. Bambauer, Conundrum, 96 MINN. L. REV.
584, 628–32 (2011)
(discussing access and alteration).
66 On this account, the absence of security may well reflect a
normative choice, and
perhaps that should be the default assumption.
67 See, e.g., Derek E. Bambauer, Rules, Standards, and Geeks,
5 BROOK. J. CORP. FIN. &
COM. L. 49 (2010); Hans Brechbühl et al., Protecting Critical
Information Infrastructure:
Developing Cybersecurity Policy, 16 INFO. TECH. FOR DEV.
83, 85–87 (2010); Michel van
Eeten & Johannes M. Bauer, Emerging Threats to Internet
Security: Incentives, Externalities
and Policy Implications, 17 J. CONTINGENCIES & CRISIS
MGMT. 221, 225–29 (2009); Vincent
R. Johnson, Cybersecurity, Identity Theft, and the Limits of
Tort Liability, 57 S.C. L. REV.
255, 299–303 (2005).
68 See, e.g., Steven Shavell, Individual Precautions to Prevent
Theft: Private Versus
35. Socially Optimal Behavior, 11 INT’L REV. L. & ECON. 123
(1991).
69 Derek E. Bambauer, The Myth of Perfection, 2 WAKE
FOREST L. REV. 22 (2012).
2013] PRIVACY VERSUS SECURITY 677
data can be granted to all users or none, it can be added or
revoked, and it
can even be bifurcated.70 A particular technology may provide
for more or
less robust, granular, or transparent choices for security. That
limits how
effectively security can implement privacy. It does not,
however, challenge
the legitimacy of privacy choices in selecting the desired end
state.
Informally, though, there are two interactions between security
and
privacy. The first parallels how Lawrence Lessig’s New
Chicago School
anticipates interplay between law and code.71 Different
security
architectures make privacy regimes more or less tenable,
thereby
36. influencing their development and adoption. Multiuser
operating systems
such as Unix offered greater granularity of control, and hence
more finely
tuned privacy in their data, than operating systems such as the
early variants
of Windows, which did not segregate information, even if they
formally
allowed users to log on with different credentials.72 Moreover,
systems
where data has a temporally defined existence, such as with
Vanish’s self-
destructing documents, make it possible to envision privacy
models where
data transfers are of limited duration rather than complete
transfers.73
Similarly, privacy theories will generate development of
technologies that
make their implementation possible. Worries about data
aggregation in a
time of near-costless storage and indexing helped drive firms
offering Web
browsers to implement anonymous surfing options, such as
Google
37. Chrome’s incognito mode.74
The second interaction occurs with the selection of the security
precautions to be taken. For example, regulation of medical
records may
require that only those treating a patient or covering her care
via insurance
have the capability to access her protected health
information.75 However,
a hospital may put in place a security mechanism that fails to
enforce this
mandate—or, at least, fails to do so rigorously.76 The hospital
may do so
innocently or deliberately. It may have incompetent
information
technology staff, or it may be shirking the cost of putting a
more capable
70 Bambauer, supra note 65, at 630.
71 See Lessig, supra note 29, at 662–66.
72 STUART MCCLURE ET AL., HACKING EXPOSED:
NETWORK SECURITY SECRETS &
SOLUTIONS 90, 121 (4th ed. 2003) (explaining that more
granular control includes more
options, for example, the option to allow a user to access
38. information, but not to alter it).
73 See Overview, VANISH: SELF-DESTRUCTING DIGITAL
DATA, http://vanish.cs.
washington.edu/ (last visited Mar. 17, 2013).
74 See Incognito Mode (Browse in Private), CHROME,
http://support.google.com/chrome/
bin/answer.py?hl=en&answer=95464 (last visited Mar. 17,
2013).
75 See 45 C.F.R. § 164.502(a)(1) (2012).
76 See, e.g., News Release, U.S. Dep’t of Health & Human
Servs., Massachusetts
Provider Settles HIPAA Case for $1.5 Million (Sept. 17, 2012),
available at
http://www.hhs.gov/news/press/2012pres/09/20120917a.html.
678 DEREK E. BAMBAUER [Vol. 103
system in place. Yet even when the hospital is knowingly
shortchanging
privacy safeguards, this is a problem of implementation, not of
guiding
values. The hospital does not object to the level of privacy
protection for
health information. It simply does not want to bear the cost of
providing
it.77 Presumably, if its security costs were completely covered
39. (say, if a
per-patient assessment for the new system were levied), the
hospital would
be entirely willing, or at least indifferent towards, implementing
more
robust security.
The question of security costs is one about system design:
burdened
parties will be tempted to shirk costly responsibilities. To
counteract the
lure of evading these burdens, the system must supply resources
to the
burdened party, monitor its behavior, threaten it with ex post
sanctions, or
impose some other constraint.78 These problems are
challenging, but they
are standard questions of regulatory theory.
The harder question regarding cost is that it may point out a
disjunction between normative choices in the abstract and
burdens in
reality. While privacy policy is not made in a vacuum, it is also
difficult to
treat it as part of a comprehensive menu of choices. Funds
40. spent on
protecting consumer financial information cannot be spent on
additional
customer service personnel, or on improving banks’ website
usability for
disabled users. And enforcement efforts to ensure banks are
meeting their
privacy obligations cannot be employed to monitor their
workplace safety
or compliance with antidiscrimination rules in employment.
Thus,
structural features of policymaking, along perhaps with
cognitive biases in
decisionmaking, may lead to privacy choices that we like in
theory but are
unwilling to pay for in practice.79
Privacy determines who ought to be able to access, use, and
alter
information. It justifies these choices with reference to larger
values—
values that compete for priority and attention. Security
implements that set
of choices. While entities may contest who should cover the
costs of
41. security, that fight is separate from the negotiations over how
access and
77 See generally Peter Kilbridge, The Cost of HIPAA
Compliance, 348 NEW ENG. J. MED.
1423 (2003) (quantifying the costs of HIPAA compliance for
hospitals).
78 On monitoring, see 15 U.S.C. § 80b-4 (2006 & Supp. 2012)
(implementing § 404 of
the Dodd–Frank Wall Street Reform and Consumer Protection
Act, Pub. L. No. 111-203,
124 Stat. 1376, 1571 (2010)); on sanctions, see 45 C.F.R. §
160.402 (2012) (imposing civil
penalties for violations of HIPAA); on subsidies, see Amitai
Aviram, Network Responses to
Network Threats: The Evolution into Private Cybersecurity
Associations, in THE LAW AND
ECONOMICS OF CYBERSECURITY 143, 149 (Mark F. Grady
& Francesco Parisi eds., 2006)
(“Public subsidies of private network security efforts may be
appropriate in some cases
because of the significant positive externalities network security
confers on people who are
not network members . . . .”).
79 THALER & SUNSTEIN, supra note 54, at 31–33 (discussing
42. optimism bias).
2013] PRIVACY VERSUS SECURITY 679
alteration rights ought to be allocated; rather, it is simply over
who pays for
making those decisions a reality.
IV. KEEP ’EM SEPARATED
Paying attention to the distinction between privacy and security
has
important consequences. At a theoretical level, it concentrates
attention on
issues where normative models differ versus instances that
demonstrate
failures of implementation. To borrow an example from
computer science
researcher Christopher Soghoian, whether the California
company Biofilm
should ask for, and then retain, customers’ e-mail addresses as
the price of a
sample of the personal lubricant Astroglide is a privacy
question.80 It was a
security problem when Biofilm accidentally made those
addresses available
43. on its Web server.81 When customers submitted their
information to
Biofilm, both parties wanted to keep that data between them.
Customers
gained no benefit from the inadvertent disclosure. And
Biofilm’s goals did
not change—it did not release the information in pursuit of
greater revenue
or more targeted marketing. It was simply a mistake.
From a utilitarian perspective, privacy issues are a zero-sum
game. If
firms can track users’ activities on their own websites (and
perhaps other
ones) and retain that data, they gain relative to a “do-not-track”
regime
where they cannot do so.82 Users’ gains are inversely
correlated: they
benefit more from a regime where they can elect to reveal
information to
websites versus one where they cannot. Security issues, by
contrast, result
in an outcome that is worse for both sides.83 After the breach
above,
44. Biofilm is worse off, and its consumers are worse off.84 That
difference
80 See Ryan Singel, Security Researcher Wants Lube Maker
Fined for Privacy Slip,
WIRED (July 10, 2007, 5:35 PM),
http://www.wired.com/threatlevel/2007/07/security-
resear/; Christopher Soghoian, Astroglide Data Loss Could
Result in $18 Million Fine,
SLIGHT PARANOIA (July 9, 2007),
http://paranoia.dubfire.net/2007/07/astroglide-data-loss-
could-result-in-18.html.
81 See Singel, supra note 80; Soghoian, supra note 80.
82 Robert N. Charette, Online Advertisers Turning up the Heat
Against Making “Do Not
Track” Browsers’ Default Setting, IEEE SPECTRUM (Oct. 15,
2012, 3:43 PM),
http://spectrum.ieee.org/riskfactor/computing/it/online-
advertisers-turning-up-the-heat-
against-defaulting-browsers-to-do-not-track-setting.
83 See Alessandro Acquisti et al., Is There a Cost to Privacy
Breaches? An Event Study
2–4 (2006) (paper prepared for Twenty-Seventh International
Conference on Information
Systems and Workshop on the Economics of Information
Security), available at
45. http://www.heinz.cmu.edu/~acquisti/papers/acquisti-friedman-
telang-privacy-breaches.pdf
(documenting negative effects of data breaches on stock prices).
84 Those who access the data without permission gain a benefit.
In the Biofilm case,
security researcher Soghoian discovered the mistake (and also
the list of users who received
free Astroglide). While this problem of unauthorized third-
party benefits is one that is
theoretically challenging for utilitarianism, in practice it is
conventional to discount or
680 DEREK E. BAMBAUER [Vol. 103
between security and privacy has important ramifications for
regulation.
At a practical level, this approach suggests that when disputes
involve
security flaws, rather than privacy debates, courts should permit
liability at
a much lower threshold of harm and fault or blameworthiness.
Security
might be conceptualized as akin to a contractual bargain
between those who
46. supply data and those who hold it.85 And contract, unlike tort,
is a doctrine
of strict liability.86 Courts do not care whether a breaching
party is
blameworthy, or whether the harm resulting from a breach is
weighty or
small. Merely showing breach is sufficient.87
Alternatively, one might envision security within tort law’s
framework.88 Firms could be held to owe a duty to the subjects
of the
information they possess, or even to society generally, to
securely store and
handle data.89 Security failures could be evaluated under strict
liability
(firms bear the entire cost of the harm their insecurity creates),
under a
negligence standard (firms only bear costs when they have
failed to meet
some criterion for security), or both (such as strict liability for
data leaks
and negligence for hacking).90 Tort law may be preferable
since it offers
the possibility of compensating those harmed by security
failures, even if
47. only nominally, and of imposing greater deterrence ex ante
through the
threat of punitive damages.91
Finally, one might approach security from the perspective of
criminal
law, by conditioning liability upon a blameworthy mental state.
As with
scienter in tort, the level of mens rea could be reduced, such as
to
exclude altogether that utility from the calculus. A principled
reason for this approach is that
it forces would-be attackers to enter the privacy market: they
should bargain with Biofilm
rather than trying to pry data from its servers. A more
problematic reason is to deprecate
certain types of utility for moral reasons; however, this requires
importing an external
normative framework into the putatively neutral utilitarian
calculus.
85 The analogy only runs so far. Society should not
countenance blanket waivers of
security by entities that hold data, particularly given that self-
help—in the form of reading
48. terms of service and selecting among competing firms—is
infeasible at best. See, e.g.,
McDonald & Cranor, supra note 50, at 565–68.
86 Robert D. Cooter, Economic Theories of Legal Liability, 5 J.
ECON. PERSP. 11, 12
(1991).
87 Curtis Bridgeman, Reconciling Strict Liability with
Corrective Justice in Contract
Law, 75 FORDHAM L. REV. 3013, 3017 (2007).
88 See, e.g., Vincent R. Johnson, Credit-Monitoring Damages in
Cybersecurity Tort
Litigation, 19 GEO. MASON L. REV. 113 (2011).
89 See Michael D. Scott, Tort Liability for Vendors of Insecure
Software: Has the Time
Finally Come?, 67 MD. L. REV. 425, 442–50 (2008).
90 See id. at 441–50 (discussing negligence).
91 See A. Mitchell Polinsky & Steven Shavell, Punitive
Damages: An Economic
Analysis, 111 HARV. L. REV. 869, 896–900 (1998).
2013] PRIVACY VERSUS SECURITY 681
negligence, or even eliminated, as with strict liability.92 And
as with strict
liability crimes generally, security failures might be punished
without the
49. traditional requirement of blameworthiness because these
violations are
seen as less morally culpable.93 Security breaches will less
typically
involve situations where the defendant benefits directly.
Society is more
likely to condemn actions where a defendant gains from his
crimes than
where his benefit may be minimal (the cost of some precautions
not taken)
or even negative (such as market harm from breaches).94
Thus, security failures generally leave everyone involved
(except for
the attacker) worse off. Privacy failures, by contrast, typically
involve a
transfer of utility between parties: if Biofilm sold the e-mail
addresses
rather than losing them, it would be enriched, and the
Astroglide samplers
would be worse off. Thus, privacy disputes involve courts or
regulators
deciding whether such transfers should be sanctioned. Security
problems
destroy utility. Society should have less hesitation about
50. imposing liability
for actions (or inactions) that only reduce utility.
This framework also suggests that current approaches to
security
problems are misguided, and even harmful. Even insecure data
controllers
rarely face significant liability to the subjects of the
information.95 Courts
typically dispose of tort-based claims by the subjects on one or
both of two
grounds: duty and causation.96 They hold that the data
controller bears no
duty towards the data subjects, and hence there is a lack of a
prima facie
cause of action.97 (Courts are often dishonest in their analyses:
lack of duty
is a legal conclusion, not a factual state that compels a legal
conclusion.)
Second, courts typically find either that the data subjects have
not suffered
any harm or that harm is not attributable to the breach.98 Even
from a
compensation perspective, this seems faulty: data subjects must
bear the
51. risk of harm until it materializes, rather than the data controller,
which
likely can avoid spills at lower cost and probably has better
access to
92 See generally Darryl K. Brown, Criminal Law Reform and
the Persistence of Strict
Liability, 62 DUKE L.J. 285 (2012) (describing rationales for
states’ implementation of strict-
liability crimes).
93 See Staples v. United States, 511 U.S. 600, 616–18 (1994);
Darryl K. Brown, Criminal
Law’s Unfortunate Triumph over Administrative Law, 7 J.L.
ECON. & POL’Y 657, 671
(2011).
94 See, e.g., Meghan J. Ryan, Proximate Retribution, 48 HOUS.
L. REV. 1049 (2012).
95 See Bambauer, supra note 67, at 58.
96 Sasha Romanosky & Alessandro Acquisti, Privacy Costs and
Personal Data
Protection: Economic and Legal Perspectives, 24 BERKELEY
TECH. L.J. 1061, 1078–81
(2009).
97 See, e.g., Katz v. Pershing, LLC, 672 F.3d 64 (1st Cir.
2012).
98 See, e.g., Reilly v. Ceridian Corp., 664 F.3d 38, 41–44 (3d
Cir. 2011); Romanosky &
52. Acquisti, supra note 96, at 1078–79.
682 DEREK E. BAMBAUER [Vol. 103
insurance markets.99 And from a deterrence perspective, this
outcome is
entirely wrong: it enables data holders to evade liability
regardless of the
level of precautions that they take, since an adjudicating court
will never
reach even a negligence analysis. While public enforcement
occurs
irregularly, such as through the Federal Trade Commission, this
is
insufficient to create a realistic threat of costs to press data
controllers to
take proper security measures.100 Imposing something akin to
strict liability
for data spills is preferable: holding them liable for all proved
harm would
at least give data subjects the opportunity to prove loss, and the
risk of
punitive damages (even cabined by recent Supreme Court
jurisprudence101)
53. would foster deterrence.
In contrast, pure privacy claims should be treated with far more
caution. An example is the litigation—and, in European
countries,
potential prosecution—over Google Street View.102 As part of
Google’s
mapping of streets and roads, the company has captured imagery
of private
homes, people entering bars, and even people in states of
undress.103
Google has faced potential civil and criminal liability for its
actions, along
with some level of opprobrium. Here, though, there are
competing
normative claims. Google is engaged in an activity that creates
significant
social benefit. The people whose travels, nakedness, and homes
are made
more public than expected have been relying on practical
obscurity to
protect their privacy. It is not obvious that Google’s claims
must yield
pride of place.
54. There are important policy questions embedded in this Article’s
99 See, e.g., Pamela Lewis Dolan, Thinking of Buying Data
Breach Insurance? Here Are
Some Things to Consider, AMEDNEWS.COM (Jan. 31, 2011),
http://www.ama-assn.org/
amednews/2011/01/31/bica0131.htm.
100 See Andrew Serwin, The Federal Trade Commission and
Privacy: Defining
Enforcement and Encouraging the Adoption of Best Practices,
48 SAN DIEGO L. REV. 809,
854–56 (2011).
101 See, e.g., State Farm Mut. Auto. Ins. Co. v. Campbell, 538
U.S. 408, 429 (2003)
(holding that a ratio of punitive damages to compensatory
damages of 145 to 1 was
excessive).
102 W.J. Hennigan, Google Pays Pennsylvania Couple $1 in
Street View Lawsuit, L.A.
TIMES (Dec. 2, 2010, 12:13 PM),
http://latimesblogs.latimes.com/technology/2010/12/
google-lawsuit-street.html; Seth Weintraub, Google’s
Streetview Victorious in European
Courts, CNNMONEY (Mar. 21, 2011, 6:36 PM),
http://tech.fortune.cnn.com/2011/03/21/
55. googles-streetview-victorious-in-european-courts/.
103 Matt Hickman, 9 Things You Probably Shouldn’t Do in the
Presence of a Google
Street View Vehicle, MOTHER NATURE NETWORK (Oct. 4,
2012, 7:05 PM),
http://www.mnn.com/lifestyle/arts-culture/stories/9-things-you-
probably-shouldnt-do-in-the-
presence-of-a-google-street-; Artist Captures Bizarre Images
Shot by Google’s Street View
Cameras, N.Y. DAILY NEWS (Dec. 6, 2012, 3:31 PM),
http://www.nydailynews.com/
entertainment/bizarre-images-captured-google-street-view-
cameras-gallery-1.1214757.
2013] PRIVACY VERSUS SECURITY 683
approach. For example, at what level of fault or intent should
liability be
imposed for security breaches? The correct answer is likely to
vary by
industry, and perhaps even more granularly than that. There are
at least two
important factors. First, what fraction of the implementation
costs does the
56. potential defendant bear? Is it able to pass these expenses
through to its
customers at low transaction cost? A lower liability threshold
might be
appropriate where the holder of the data has a pecuniary
incentive to shirk
its duties. Second, is there any risk that this security problem
is, in fact, a
privacy problem? The data owner, for example, might have
neglected
security because doing so better enabled it to exploit the data.
Here, too,
liability at a lower threshold of fault or blameworthiness is
useful as a
channeling function: data owners should take up privacy fights
directly,
rather than using security as indirect means to attain their
goals.104 These
questions, while critical to successful implementation, are
technical ones.
They bear not on what ends are to be achieved, but rather on the
mechanisms to achieve them.
V. CONCLUSION
57. Security and privacy can, and should, be treated as distinct
concerns.
Privacy discourse involves difficult normative decisions about
competing
claims to legitimate access to, use of, and alteration of
information. It is
about selecting among different philosophies and choosing how
various
rights and entitlements ought to be ordered. Security
implements those
choices—it mediates between information and privacy
selections.
Importantly, this approach argues that security failings should
be penalized
more readily, and more heavily, than privacy ones, because
there are no
competing moral claims to resolve and because security flaws
make all
parties worse off.
104 As one example, in 2011, Google began encrypting searches
by users signed in to its
services. The new search encryption prevents websites that
users visited by clicking on a
58. result from obtaining referrer data that reveal the terms that the
users searched. However,
Google still transmits referrer data when a user clicks an ad.
Search engine optimization
(SEO) firms objected to the first change, and some privacy
advocates objected to continued
transmission of referrer data with ads. The critique of Google
was that it guised the change
in security terms, while the major effect was to drive website
owners onto the company’s
search optimization tools and away from competing SEO firms.
See Danny Sullivan,
Google to Begin Encrypting Searches & Outbound Clicks by
Default with SSL Search,
SEARCH ENGINE LAND (Oct. 18, 2011, 2:09 PM),
http://searchengineland.com/google-to-
begin-encrypting-searches-outbound-clicks-by-default-97435.
684 DEREK E. BAMBAUER [Vol. 103
Journal of Criminal Law and CriminologySummer 2013Privacy
Versus SecurityDerek E. BambauerRecommended
CitationPrivacy versus security