Intellectual Property and Online Privacy Doman’s CSCI 101 class

Intellectual property

Intellectual Property Intellectual Property is any unique product of the human intellect that has commercial value. For example: books, songs, movies, software US Constitution The congress shall have the power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries. Intellectual Property Issues

Trade Secrets  the invention is private Patents  the invention is public  inventor has exclusive rights for 20 years Trademarks Copyrights Protecting Intellectual Property Intellectual Property Issues

Sony v Universal Studios In 1976, Universal and Disney sued Sony stating that the Betamax enabled people to copy copyrighted material. In 1983, the supreme court ruled 5-4 that the private, noncommercial use of copyrighted material is "fair use". Also, the Betamax machine could copy non- copyrighted as well as copyrighted material. Intellectual Property Issues

MGM v Grokster MGM et.al. sued because 90% of Grokster content was copyrighted. Lower court judge quickly ruled in favor of Grokster.  citing Sony v Universal, Grokster has "substantial noninfringing uses"  August 2004 Supreme Court overruled in favor of MGM et.al.  "We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."  June 2005, vote count was 9-0 Intellectual Property Issues

Digital Millennium Copyright Act making any copy of a digital copyrighted work is prohibited  eg. making a backup copy of a software application is illegal (unless the maker says okay). illegal to possess the technology to circumvent copyright protection technology  eg. figuring out how to decode a DVD that you own is illegal Intellectual Property Issues

What is software piracy? Unlike other things you purchase, the software applications and fonts you buy don't belong to you. Instead, you become a licensed user — you purchase the right to use the software on a single computer, but you can't put copies on other machines or pass that software along to colleagues. Software piracy is the illegal distribution and/or reproduction of Adobe software applications or fonts for business or personal use. Whether software piracy is deliberate or not, it is still illegal and punishable by law From Adobe ® Website: Intellectual Property Issues

Megaupload.com This site has been accused by the US Department of Justice of reproducing and distributing copies of copyrighted works Cost copyright holders more than US$500 million in lost revenue Raided Jan fm?c_id=1&objectid=

Stop Online Piracy Act (SOPA) Protect IP Act (PIPA)SOPAPIPA The purpose of these bills is to make it harder for sites — especially those located outside the United States — to sell or distribute pirated copyrighted material such as movies and music as well as physical goods such as counterfeit purses and watches. Larry Magid 2/01/18/what-are-sopa-and-pipa-and-why- all-the-fuss/

Even most of SOPA and PIPA’s strongest opponents applaud the intentions of the legislation while deploring what it might actually accomplish. One of the ways to do that would have been to cut the DNS (domain name server) records that point to the site Larry Magid 2/01/18/what-are-sopa-and-pipa-and-why- all-the-fuss/ Stop Online Piracy Act (SOPA) Protect IP Act (PIPA)SOPAPIPA

12 Intellectual Property: Fair Use Copyright laws protect intellectual property Fair use allows for exceptions to copyright laws Fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement. Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall Intellectual Property Issues Stanford University Libraries h// and_Fair_Use_Overview/chapter9/9- a.html

13 Intellectual Property: Fair Use Any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Stanford University Libraries h// and_Fair_Use_Overview/chapter9/9- a.html Intellectual Property Issues

Intellectual Property: Fair Use The four factors judges consider are: the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion taken, and the effect of the use upon the potential market.

Privacy

Def. of privacy = the claim of individuals, groups and institutions to determine for themselves, when, how and to what extent information about them is communicated to others [Alan Westin, Columbia University, 1967] General belief: Privacy is a fundamental human right that has become one of the most important rights of the modern age [1] Privacy Issues [1]

Dimensions of Privacy You can consider 3 dimensions of privacy [1]: 1) Personal privacy Protecting a person against undue interference (such as physical searches) and information that violates his/her moral sense 2) Territorial privacy Protecting a physical area surrounding a person that may not be violated without the acquiescence of the person Safeguards: laws referring to trespassers search warrants 3) Informational privacy Deals with the gathering, compilation and selective dissemination of information Privacy Issues [1]

Your Digital Footprint Sources of Data about You 1. cookie files what web sites you visit 2. credit cards where you shop 3. preferred shopper programs what items you buy 4. credit history how much money you have, where you live, your age, etc. Privacy Issues Pervasive Computing … Growing Your Digital Footprint

Surrounded by zillions of computers  Most with limited capabilities  Embedded in artifacts of every day use  ex. Iphones, RFID tags Danger of malevolent opportunistic ad hoc networks.  Pervasive devices self-organizing into huge spy networks. Privacy Issues

RFID - Radio-Frequency IDentification Wireless device that transmits the identity of an object, animals, or person  Used in inventory control detect counterfeit pharmaceuticals track the lifecycle of dangerous chemicals identify the location of a container sort pallets in a warehouse, etc.

Who owns the bits?

Protecting Your Privacy

Privacy Protection Privacy protection [2] can be undertaken by:  Privacy and data protection laws promoted by government  Self-regulation for fair information practices by codes of conducts promoted by businesses  Privacy education of consumers and IT professionals  Research in the field of Privacy-enhancing Technologies Privacy Issues [1]

Privacy and data protection laws promoted by government Self-regulation for fair information practices by codes of conducts promoted by businesses Privacy education of consumers and IT professionals Protecting Your Privacy

Legal Views on Privacy United States: “Privacy is the right to be left alone” - Justice Louis Brandeis UK: “the right of an individual to be protected against intrusion into his personal life or affairs by direct physical means or by publication of information Australia: “Privacy is a basic human right and the reasonable expectation of every person” [1] Privacy Issues

Comprehensive Laws - European Union European Union Council adopted the new Privacy Electronic Communications Directive  Prohibits secondary uses of data without informed consent  No transfer of data to non EU countries unless there is adequate privacy protection Consequences for the USA Privacy Issues [1]

Sectoral Laws - United States No explicit right to privacy in the constitution Limited constitutional right to privacy implied in number of provisions in the Bill of Rights White House and private sector believe that self- regulation is enough and that no new laws are needed (exception: medical records) Leads to conflicts with other countries’ privacy policies Example: HIPAA : Health Insurance Portable and Accountability Act, 1996 [1] Privacy Issues

Privacy v. Government Privacy Issues

4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Katz v United States without a warrant, police placed a bug on the outside of a public phone booth used by Katz to make illegal bets In 1967, the US Supreme Court ruled Katz's rights were violated.  Katz reasonably thought his conversation was private, hence the recording was an illegal search and seizure  the 4 th amendment protects people, not places  the 4 th amendment governs seizure of tangible items, as well as recording of oral statements Privacy Issues

Patriot Act allows officials to track s without showing probable cause allows roving surveillance for intelligence (not just crime investigation) tapped device does not have to be owned by the suspect search warrants no longer have to be served warrants for records do not require probable cause … Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Legal Issues

Crime Fighting vs Privacy and Civil Liberties Q: How much of your privacy and civil liberties are you willing to give up in order to allow law enforcement to better fight computer crime? Privacy Issues [3]

Privacy Expectation vs. Reality Expectation vs. Reality Google’s position?

Crime Fighting vs Privacy and Civil Liberties [3] Search and Seizure of Computers  Crime Fighting Obtain evidence of a crime.  Privacy and Civil Liberties Day-to-day business ceases; non-criminal contact with others ends. Q: Might there be incriminating data stored about you in the logs of your ISP? Privacy Issues [3]

Privacy and data protection laws promoted by government Self-regulation for fair information practices by codes of conducts promoted by businesses Privacy education of consumers and IT professionals Protecting Your Privacy

Managing Your Privacy COOKIES  Small text file which contains a unique ID tag, placed on your computer by a website. The website saves a complimentary file with a matching ID tag.  COOKIE file kept on your machine, managed by your browser Privacy Issues

Cookies: keeping “state” YOUR Machine Company Server usual http response msg Set-cookie: “book buyer” usual http response msg cookie file one week later: usual http request msg cookie: 1678 cookie- specific action access ebay 8734 usual http request msg Amazon server creates ID 1678 for user create entry usual http response Set-cookie: 1678 ebay 8734 amazon 1678 usual http request msg cookie: 1678, book buyer cookie- spectific action access ebay 8734 amazon 1678 backend database Privacy Issues

Example of Business Information Monitoring DoubleClick.com gathers cookie data from advertising banners placed on many web sites DC can cross-reference data to build profiles of individual users' surfing habits DC owns Abacus Inc., a consumer database company containing the names, addresses, phone numbers, etc... of 90% of American Households Google purchased DoubleClick in March 2008 for $3.1 Billion  In congressional hearings, Microsoft warned of a potential monopolistic effect Privacy Issues

Big Data Used to extensive and exponential growth of information.  Structured or unstructured  So much data it’s difficult to store or analyze Data Warehouses Internet /server data

Privacy and data protection laws promoted by government Self-regulation for fair information practices by codes of conducts promoted by businesses Privacy education of consumers and IT professionals Protecting Your Privacy

Workplace Privacy Question: How much privacy are you entitled to at work? Is your company allowed to read your ? … Answer: They can do almost anything. It is their office, their phone, their computer, etc. Privacy Issues

Preventing Spyware: Surf and download more safely Only download from Web sites you trust. Read security warnings before you download Never click "Agree" or "OK" to close a window. Be wary of popular "free" music and movie file-sharing programs, and be sure you understand all of the software packaged with those programs. Privacy Issues

Google Privacy Policy From the source

Managing Your Privacy Phishing The act of sending an to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Privacy Issues

Quiz: Quiz: Quiz: antiphishingquiz antiphishingquiz Quiz:

Social Media (Facebook) apps How much of your privacy are you willing to give away? Privacy hygiene Privacy Issues

Ethics

48 Technology and Ethics Rules governing technology move slowly Use of technology is left up to personal ethics Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall

49 Using Computers to Support Ethical Conduct Charitable organizations use the Internet for fund raising Companies must provide mechanisms to report unethical behavior anonymously Intranets and are used to inform employees of ethics policies Your personal ethics must guide your decisions concerning technology Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall

Example: Hacking As Social Protest Hactivism Electro-Hippies DDOS attacks on government agencies SPAM attacks as “retaliation” [Barbara Edicott-Popovsky and Deborah Frincke, CSSE592/492, U. Washington]

The history of SPAM

SPAM Costs 40% of is SPAM consumes lots of disk space!!! bandwidth? CAN SPAM Act of 2003 The law permits marketers to send unsolicited commercial as long as it contains all of the following: an opt-out mechanism; a valid subject line and header (routing) information; the legitimate physical address of the mailer; and a label if the content is adult Ethics Issues

53 Communication: When Does Big Business Limit Free Speech? Google concedes to demands from Beijing to self-censor its search engine  Helps suppress dissent in return for access to the Chinese market  Cost of doing business in Chinese market  Huge market potential in China Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall Ethics Issues

Web Censorship The US government does not censor content  several anti-web-porn laws have been struck down as unconstitutional  CIPA requires libraries to install filter software Many Foreign governments do censor web content Are ISPs responsible for what their users' post?  maybe Ethics Issues

55 Communication: When Does Big Business Limit Free Speech? Point: Google acted unethically  Sacrificed free speech for business  Violated human rights  No incentive for China to change  Other rights hang in the balance  How far is too far? Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall Ethics Issues

56 Communication: When Does Big Business Limit Free Speech? Counterpoint: Google’s actions were justified  Companies should be free to pursue profits  Withdrawing from China would further restrict free speech  Staying in China advances the slow progress toward democracy Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall Ethics Issues

References [1] Ashley Michele Green, “International Privacy Laws. Sensitive Information in a Wired World,” CS 457 Report, Dept. of Computer Science, Yale Univ., October 30, [2] Simone Fischer-Hübner, "IT-Security and Privacy-Design and Use of Privacy- Enhancing Security Mechanisms", Springer Scientific Publishers, Lecture Notes of Computer Science, LNCS 1958, May 2001, ISBN "IT-Security and Privacy-Design and Use of Privacy- Enhancing Security Mechanisms", Springer Scientific Publishers, Lecture Notes of Computer Science, LNCS 1958 [3] Sara Baas, Gift of Fire: Social, Legal, and Ethical Issues for Computers and the Internet, (2nd Edition), PowerPoint slides created by Sherry Clark, Copyright 2003 Prentice Hall