Online Privacy, Government, and Intellectual Property Rouda’s CSCI 101 class

SPAM Costs 90% 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

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  China and Google Are ISPs responsible for what their users' post?  maybe Ethics Issues

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. Legal Issues

Online Privacy Q: Does shopping online give you more or less privacy than actually walking into the store?  more privacy - your neighbors will not see you there  less privacy - online shopping gives the company much more info about you (exactly what you looked at, how long you looked, perhaps other places that you shop, etc…)

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. Future Sources of Data  RFID Tags  Cellular GEO-tagging

Online Privacy Example 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 Ethics Issues

Privacy vs. Government Can, and does, your government spy on you? Legal 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 vs. 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 Legal 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

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. Legal Issues

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

Ethics DMI - VJY2w&feature=related VJY2w&feature=related D6lbk&feature=related D6lbk&feature=related

Sony vs 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. Legal Issues

MGM vs Grokster MGM et.al. sued because 90% of Grokster content was copyrighted. Lower court judge quickly ruled in favor of Grokster.  citing Sony vs Universal, Grokster has "substantial non-infringing 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 Legal 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 Legal Issues

Opinion Homework Is it okay to borrow software for a short time? Is it okay to borrow software for a short time? Write 3-5 paragraphs with your opinion on this subject and them to me at Write 3-5 paragraphs with your opinion on this subject and them to me at

Next Classes… Next Week: Storing Information image and movie files the defrag program (where is it on a Mac?) Information Security how viruses and malware work what is a firewall wireless Security Two Weeks from Today: Midterm Exam