Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Digital Privacy

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Privacy: Whose Information Is It?  As an example, business transactions expose personal information  Pay by check, credit, debit card  Buy mail order or web transaction  Using “preferred customer” card or number  Buying a product that required registration (warranty, service)  Merchant gathers this information  Time, date, place of purchase  Buyer personal information – address,  Price, product id numbers, products bought together  Can you think of examples of companies that do this?

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Privacy: Whose Information Is It?  What is privacy? Examine a transaction of buying Dating for Total Dummies and Green Party Politics and Java for C++  Information linking the purchase with the customer  Other sensitive topics – possible political interests, personal, professional  How can the information be used?  Book merchant collecting information is ordinary business practice  Book merchant sending advertisements to customer is ordinary business practice  What about merchant selling information to other businesses? What are your thoughts?

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Modern Devices and Privacy  In the past, violations of privacy were more difficult without a person knowing of it  Why?  Modern devices make it possible to violate people's privacy without their knowledge  How?  Back in 1890, Louis Brandeis wrote that individuals deserve "sufficient safeguards against improper circulation" of their images. Pretty perceptive, right?

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Controlling the Use of Information  Spectrum of options of control spans 5 main possibilities: 1. No uses. Information should be deleted when the organization is finished with it 2. Approval or Opt-in. Organization can use it for other purposes with customer's approval 3. Objection or Opt-out. Organization can use it for other purposes if customer does not object What is a potential problem here? 4. No limits. Information can be used any way the organization chooses 5. Fifth possibility is internal use – organization can use information to continue conducting business with you

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Information Disclosure  Voluntary Disclosure: We choose to reveal information in return for a) real benefits b) self-indulgence. Some examples:  Give schools the right to use our children’s images  Tell doctors personal facts for health reasons  Allow credit card companies check records for the convenience of using the card  Allow employers to read , knowing that the computing services allow us to be employed and work efficiently  Give to the government personal records in exchange for benefits of citizenship  Social Media: likes, dislikes, political and social leanings, images etc. – big area of discussion

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Fair Information Practices  Some encouraging progress …  OECD (Organization of Economic Cooperation and Development) in 1980 developed the standard eight-point list of privacy principles. 1. Limited Collection Principle 2. Quality Principle 3. Purpose Principle 4. Use Limitation Principle 5. Security Principle 6. Openness Principle 7. Participation Principle 8. Accountability Principle

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Fair Information Practices  Limited Collection Principle: there are limits to what can be collected, and it must be done with the consent of the subject  Quality Principle: personal data collected must be accurate, complete, and up-to-date, and relevant to the purposes for which it is being used  Purpose Principle: these purposes should be clearly stated when data is collected, and uses limited to those purposes

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Fair Information Practices  Use Limitation Use Principle: personal data should not be disclosed or used for purposes other than stated, except with the consent of the subject (or as allowed by law)  Security Principle: personal data is to be protected by reasonable security measures against disclosure, unauthorized access, misuse, modification, or loss  Openness Principle: There should be general openness of policies and practices about data collection, making it possible to know of its existence, kind, and purpose of use, as well as the identity and contact information for the data controller

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Fair Information Practices  Participation Principle: an individual should be able to a) determine if the data controller has personal information about him/her b) discover what the data is in a timely manner, in understandable form, and at reasonable cost If an inquiry is denied the individual should be allowed to find out why and be able to challenge the denial; the individual can also challenge the data itself and if successful, have the data erased, completed, or corrected  Accountability Principle: the data controller should be accountable for complying with these principles

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Comparing Privacy Across the Atlantic  Certain countries do not protect privacy  Can you think of examples of some of these countries?  European Union is particularly consumer-protective: Data Protection DirectiveData Protection Directive  EU directive requires data on EU citizens to be protected at high standards even when it leaves their country (Facebook, Right to be Forgotten, Google )FacebookRight to be ForgottenGoogle

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW US Laws Protecting Privacy  US Privacy Act of 1974 covers interaction with government  Interactions with business:  Electronic Communication Privacy Act of 1986 Electronic Communication Privacy Act of 1986  Video Privacy Protection Act of 1988 Video Privacy Protection Act of 1988  Telephone Consumer Protection Act of 1991 (Wikipedia version) Telephone Consumer Protection Act of 1991Wikipedia version  Driver's Privacy Protection Act of 1994 Driver's Privacy Protection Act of 1994  Health Insurance Privacy and Accountability Act of 1996 Health Insurance Privacy and Accountability Act of 1996  Sarbanes-Oxley Act of 2002 Sarbanes-Oxley Act of 2002  These all deal with specific business sectors—not an omnibus solution

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Privacy Principles: European Union  Two primary points of disagreement between FTC (US) and OECD (Europe):  Opt-in/Opt-out When can an organization take information it collects for one purpose, and use it for a different purpose? Opt-out is US standard except for highly sensitive data; Opt-in is European standard  Compliance/Enforcement US has "voluntary compliance," EU has offices to control data

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Cookies  Cookie: Record containing fields of information that uniquely identify a customer's session on a website. Cookie is stored by the customer's browser.  First field is the server that sent the cookie, the last field is the unique id of the web browsing session Amazon.com FALSE / FALSE CFTOKEN  Cookies are used to create an extended session out of the many small client/server interactions involved in Web browsing…  The server can ask for the cookie when you visit the page, and see you are the same user from page to page Advantages of cookies?

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW The Cookie Monster  Abuse: Third-Party Cookie  Third party advertisers on web site enter client/server relationship with customer as page loads  Advertiser can set cookies, and can access cookies when user views other websites that advertiser uses  Why is this potentially bad?  Browser options:  Turn off cookies, accept none  Ask user each time a server wants to set a cookie  Accept all cookies

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Managing Your Privacy  Purchase up-to-date anti-virus/anti-spyware software  Adjust your cookie preferences to match your comfort level  Where? How?  Read the privacy statement of any website you give information to  Review protections against phishing scams

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW Managing Your Privacy  Patronize reputable companies for music, software, etc.  Be skeptical  Stay familiar and educated with current assaults on privacy  Take it personally. Get involved! Become an advocate for what you believe in. Lobby for US adoption of fair information practices (SOPA and PIPA and CyberSecurity Bill)

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Intellectual Property

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Definitions of Intellectual Property (IP)  Property such as books, inventions, business secrets, and trademarks, that -- unlike real or personal property -- is created by the human mind.  Intellectual property is typically protected by patent, copyright, trademark, and trade secret laws (jointly called intellectual property laws). [3]  Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.  IP is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property. [1]  Why are there laws for IP?

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 IP Law  Intellectual property is generally comprised of:  patents (e.g. inventions)  trademarks/ service marks (e.g. symbols and words_)  trade secrets (e.g. industrial designs, geographic indications of source)  copyright (e.g. literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs)  The law of intellectual property can be seen as analogous to the law of tangible property in that both consist of a bundle of rights conferred upon the property owner.  However, the law of intellectual property is commonly understood as providing an incentive to authors and inventors to produce works for the benefit of the public by regulating the public's use of such works in order to ensure that authors and inventors are compensated for their efforts.

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Patents  A grant by the U.S. Patent and Trademark Office (USPTO) that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of a new innovation. [1]  Why limited period?  The USPTO grants 3 types of patents: 1. utility patents for useful, new, inventions that are not obvious to those in the field; 2. design patents for new and original designs that ornament a manufactured product; 3. and plant patents  Patents are exclusively governed by federal law; the federal district courts have original jurisdiction of all civil cases arising under any federal law relating to patents.

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Trademarks  A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. [1]  Shapes, sounds, fragrances and colors may also be registered as trademarks.  Two basic requirements must be met for a mark to be eligible for trademark protection: it must be  in use in commerce  distinctive  The United States Patent and Trademark Office (PTO) actively examines applications for trademark registration, and with the help of the courts, polices the trademark registers.  Some examples of trademarks are Ford (cars and trucks), Betty Crocker (food products), and Microsoft (software). For all practical purposes, a service mark is the same as a trademark except that trademarks promote products while service marks promote services. Some familiar service marks include McDonalds (food services), FedEx (delivery services), and Fidelity (financial services). [3]

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Trade Secrets  Information, including a  formula,  pattern,  compilation,  program,  device,  method,  technique, or  process, that derives independent economic value, actual or potential, from not being generally known to or readily ascertainable through appropriate means by other persons who might obtain economic value from its disclosure or use. [1]

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Trade Secrets and Unfair Competition Laws  Any commercial behavior or activity that is legally unjust or deceptive includes such diverse activities as  trademark infringement,  false advertising, and  theft of trade secrets  but can include any illegal dirty tricks within the marketplace  If a court finds that an activity constitutes unfair competition, it will prevent that activity from occurring in the future and may award money damages to the person or company harmed by the activity. [1]  Congress established The Federal Trade Commission (FTC) in part to protect consumers from deceptive trade practices. If there is a conflict between federal and state law, the latter may be pre-empted.

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Copyrights  A bundle of exclusive rights granted to the author of a creative work such as book, movie, song, painting, photograph, design, computer software, or architecture.  These rights include the right to  make copies,  authorize others to make copies,  make derivative works,  sell and market the work,  and perform the work.  Any one of these rights can be sold or licensed separately through transfers of copyright ownership.  Copyright rights are acquired automatically once the work is fixed in a tangible medium of expression. Registration of the work with the Copyright Office offers additional benefits to the copyright owner  The federal agency charged with administering the act is the Copyright Office of the Library of Congress

Digital Privacy and Intellectual Property Dr. Nazli Hardy Partially adapted from Fluency with Information Technology, Lawrence SnyderMillersville University: EDW 647 Sources for IP Laws and Regulations: 1.Cornell University Law SchoolCornell University Law School 2.World Intellectual Property OrganizationWorld Intellectual Property Organization 3.NOLO: Plain-English Law DictionaryNOLO: Plain-English Law Dictionary