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PRIVACY Carl Hoppe Ted Worthington. OUTLINE What is privacy? What is privacy? 4 TH Amendment Rights 4 TH Amendment Rights Technology Growth and Privacy.

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Presentation on theme: "PRIVACY Carl Hoppe Ted Worthington. OUTLINE What is privacy? What is privacy? 4 TH Amendment Rights 4 TH Amendment Rights Technology Growth and Privacy."— Presentation transcript:

1 PRIVACY Carl Hoppe Ted Worthington

2 OUTLINE What is privacy? What is privacy? 4 TH Amendment Rights 4 TH Amendment Rights Technology Growth and Privacy Technology Growth and Privacy Patriot Act. What is it? Patriot Act. What is it?

3 WHAT IS PRIVACY? Privacy - the state or condition of being free from being observed or disturbed by other people. Privacy - the state or condition of being free from being observed or disturbed by other people. Key points of Privacy Key points of Privacy Freedom from intrusion Freedom from intrusion Control of information about ones self Control of information about ones self Freedom from surveillance. Freedom from surveillance. Other key points that you think should be a part of privacy? Other key points that you think should be a part of privacy?

4 WHAT IS PRIVACY? (CONT.) Threats to privacy Threats to privacy Theft of information Theft of information Inadvertent leakage of information Inadvertent leakage of information Our own actions Our own actions Privacy is good vs. Privacy is bad Privacy is good vs. Privacy is bad Development of ideas Development of ideas Crime, wrongdoing, fraud Crime, wrongdoing, fraud

5 WHAT IS PRIVACY? (CONT.) What kind of things do people like to keep private? Why? What kind of things do people like to keep private? Why? Personal Information Personal Information Business Ideas Business Ideas Embarrassing Moments Embarrassing Moments Questionable Acts Questionable Acts

6 THE 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 being seized. 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 being seized.

7 THE 4 TH AMENDMENT Key points of the 4 TH Amendment Key points of the 4 TH Amendment Limits governments ability to search homes and businesses. Limits governments ability to search homes and businesses. Government must have probable cause to seize personal effects, documents, etc. Government must have probable cause to seize personal effects, documents, etc. Government must have warrants to search particular personal effects. Government must have warrants to search particular personal effects.

8 THE 4 TH AMENDMENT (CONT.) Potential Problems Potential Problems Personal information is no longer personal Personal information is no longer personal Cell phones Cell phones Social media Social media Databases Databases As technology grows, does privacy decrease? As technology grows, does privacy decrease? Social media Social media Extraction of data from phones Extraction of data from phones Search homes without entering Search homes without entering

9 THE 4 TH AMENDMENT CASE STUDY US. V. Jones US. V. Jones Police secretly attach a GPS tracking device on a car. Police secretly attach a GPS tracking device on a car. No search warrant. No search warrant. Use GPS tracker as “labor-saving device”. Use GPS tracker as “labor-saving device”. Compare it using cell phone tracking to justify no warrant. Compare it using cell phone tracking to justify no warrant. Originally convicted with help of GPS tracking data, then later overturned due to violation of 4 TH amendment rights. Originally convicted with help of GPS tracking data, then later overturned due to violation of 4 TH amendment rights.

10 THE 4 TH AMENDMENT CASE STUDY Stakeholders Stakeholders Police Police Antione Jones Antione Jones General Public General Public U.S. Government U.S. Government Businesses Businesses

11 THE 4 TH AMENDMENT CASE STUDY Police Negative Rights Police Negative Rights Right to uphold the law Right to uphold the law Right to protect the public Right to protect the public Police Positive Rights Police Positive Rights Right to bring justice to criminals Right to bring justice to criminals Right to use device to track cell phone position Right to use device to track cell phone position

12 THE 4 TH AMENDMENT CASE STUDY Antione Jones Negative rights Antione Jones Negative rights Right to expect privacy Right to expect privacy Antione Jones Positive rights Antione Jones Positive rights Right to run a business Right to run a business

13 THE 4 TH AMENDMENT CASE STUDY Businesses Negative rights Businesses Negative rights Right to expect privacy Right to expect privacy Right to protect business actions Right to protect business actions Businesses Positive rights Businesses Positive rights Right to run a business as they see fit Right to run a business as they see fit Right to sell to the public Right to sell to the public

14 THE 4 TH AMENDMENT CASE STUDY Consequentialist Solution Consequentialist Solution Ends justify the means Ends justify the means Police use “iffy” tactic, but catch a drug dealer. Police use “iffy” tactic, but catch a drug dealer. Opinions on this solution? Opinions on this solution?

15 TECHNOLOGY GROWTH AND PRIVACY Larger storage capabilities allows companies and businesses to collect data on customers. Larger storage capabilities allows companies and businesses to collect data on customers. The use of the “Filter Bubble” to direct search queries. The use of the “Filter Bubble” to direct search queries. Google “BP” search example Google “BP” search example Social media Ads Social media Ads

16 TECHNOLOGY GROWTH AND PRIVACY Do people really consider their privacy anymore? Do people really consider their privacy anymore? Social media Social media Cell phones Cell phones Internet café Internet café

17 TECHNOLOGY GROWTH AND PRIVACY Examples of violation or potential violation of privacy Examples of violation or potential violation of privacy Laptop repair situation Laptop repair situation Social media as judge of character for job position. Social media as judge of character for job position. Cell phone applications. Opt in/Opt out. Cell phone applications. Opt in/Opt out.

18 TECHNOLOGY GROWTH AND PRIVACY CASE STUDY School Laptop Spying School Laptop Spying Lower Marion School District, Philadelphia, PA Lower Marion School District, Philadelphia, PA School provided laptops for students. School provided laptops for students. Student was accused of improper behavior via a picture taken by the laptop, at home Student was accused of improper behavior via a picture taken by the laptop, at home School is accused of remote spying via webcam School is accused of remote spying via webcam School settles out of court giving payouts to students families School settles out of court giving payouts to students families

19 TECHNOLOGY GROWTH AND PRIVACY CASE STUDY Stakeholders Stakeholders Students Students School Faculty School Faculty General Public General Public Government Government

20 TECHNOLOGY GROWTH AND PRIVACY CASE STUDY Student Negative Rights Student Negative Rights Right to protect privacy Right to protect privacy Right to browse internet Right to browse internet Student Positive Rights Student Positive Rights Right to use the school provided laptop in comfort of home Right to use the school provided laptop in comfort of home

21 TECHNOLOGY GROWTH AND PRIVACY CASE STUDY School Negative Rights School Negative Rights Right to protect students Right to protect students Right to protect school property Right to protect school property School Positive Rights School Positive Rights Right to provide laptops to students Right to provide laptops to students

22 TECHNOLOGY GROWTH AND PRIVACY CASE STUDY General Public Negative Rights General Public Negative Rights Right to expect computer privacy at home Right to expect computer privacy at home Right to protect from intrusion on computer Right to protect from intrusion on computer General Public Positive Rights General Public Positive Rights Right to provide remove spy software Right to provide remove spy software

23 TECHNOLOGY GROWTH AND PRIVACY CASE STUDY Egoistic Solution Egoistic Solution School expels student based on information obtained through spying through webcam. School expels student based on information obtained through spying through webcam. School is protect from consequences of students actions. School is protect from consequences of students actions. School is trying to find their missing laptops. School is trying to find their missing laptops. What is another solution? What is another solution?

24 TECHNOLOGY GROWTH AND PRIVACY Can the growth of technology be good thing for privacy? Can the growth of technology be good thing for privacy? Is the growth of technology bad for privacy? Is the growth of technology bad for privacy?

25 THE PATRIOT ACT. Signed into Law on 26 October 2001. Signed into Law on 26 October 2001.. Later extended on 26 May 2011. Later extended on 26 May 2011.. An act to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. An act to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.

26 THE PATRIOT ACT U.S.A. P.A.T.R.I.O.T. Acronym U.S.A. P.A.T.R.I.O.T. Acronym Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001.

27 THE PATRIOT ACT Do you think the Patriot Act is helpful or unfair? Do you think the Patriot Act is helpful or unfair?

28 THE PATRIOT ACT Example of questionable usage of Patriot Act. Example of questionable usage of Patriot Act. Mayfield v. US Mayfield v. US Mayfield suspected of terrorism Mayfield suspected of terrorism Phones are tapped Phones are tapped Arrested and not told why Arrested and not told why Released from prison Released from prison Sues based on violation of privacy Sues based on violation of privacy

29 THE PATRIOT ACT Mayfield’s lawsuit against the Patriot Act Mayfield’s lawsuit against the Patriot Act Mayfield was granted permission to pursue legal action against the Patriot Act as part of his settlement. Mayfield was granted permission to pursue legal action against the Patriot Act as part of his settlement. Court finds that Foreign Intelligence Surveillance Act, which was amended to the Patriot Act was unconstitutional. Court finds that Foreign Intelligence Surveillance Act, which was amended to the Patriot Act was unconstitutional. Later appealed by Government and overturned based on grounds that Mayfield did not have enough standing. Later appealed by Government and overturned based on grounds that Mayfield did not have enough standing.

30 THE PATRIOT ACT Example of acceptable usage of Patriot Act. Example of acceptable usage of Patriot Act. Lackawanna Six Lackawanna Six Drug and counter-terrorism investigators were able to share information, a practice that would not have occurred before the law was passed in 2001. Drug and counter-terrorism investigators were able to share information, a practice that would not have occurred before the law was passed in 2001.

31 ACM CODES 1.2 1.2 Contribute to society and human well-being Contribute to society and human well-being 1.3 1.3 Be honest and trustworthy Be honest and trustworthy 1.7 1.7 Respect the privacy of others Respect the privacy of others 1.8 1.8 Honor Confidentiality Honor Confidentiality 2.8 2.8 Access computing and communications resources only when authorized to do so. Access computing and communications resources only when authorized to do so.

32 CONCLUSION What is privacy? What is privacy? 4 TH Amendment Rights 4 TH Amendment Rights Technology Growth and Privacy Technology Growth and Privacy Patriot Act. What is it? Patriot Act. What is it?

33 ¿QUESTIONS?

34 REFERENCES http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf http://en.wikipedia.org/wiki/Filter_ http://en.wikipedia.org/wiki/Filter_ https://wikispaces.psu.edu/display/IST43208/Example+of+a+Cas e+Involving+the+Patriot+Act https://wikispaces.psu.edu/display/IST43208/Example+of+a+Cas e+Involving+the+Patriot+Act http://articles.latimes.com/2009/oct/21/opinion/la-oew-mcneil- sanchez21-2009oct21 http://articles.latimes.com/2009/oct/21/opinion/la-oew-mcneil- sanchez21-2009oct21


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