1. William H. Bowers – whb108@psu.edu Ethics for the Information Age Chapter 5 – Privacy I

2. William H. Bowers – whb108@psu.edu Topics Introduction Introduction Introduction Perspectives on Privacy Perspectives on Privacy Perspectives on Privacy Perspectives on Privacy Harms of Privacy Harms of Privacy Harms of Privacy Harms of Privacy Benefits of Privacy Benefits of Privacy Benefits of Privacy Benefits of Privacy Is There a Natural Right To Privacy? Is There a Natural Right To Privacy? Is There a Natural Right To Privacy? Is There a Natural Right To Privacy?

3. William H. Bowers – whb108@psu.edu Topics (cont.) Telemarketing & Privacy Telemarketing & Privacy Telemarketing & Privacy Telemarketing & Privacy Privacy & Trust Privacy & Trust Privacy & Trust Privacy & Trust Disclosing Information Disclosing Information Disclosing Information Disclosing Information Public Information Public Information Public Information Public Information

4. William H. Bowers – whb108@psu.edu Topics (cont.) U. S. Legislation U. S. Legislation U. S. Legislation U. S. Legislation –Fair Credit Reporting Act Fair Credit Reporting ActFair Credit Reporting Act –Family Education Rights and Privacy Act Family Education Rights and Privacy ActFamily Education Rights and Privacy Act –Video Privacy Protection Act Video Privacy Protection ActVideo Privacy Protection Act –Children’s Online Privacy Protection Act Children’s Online Privacy Protection ActChildren’s Online Privacy Protection Act –Health Insurance Portability and Accountability Act Health Insurance Portability and Accountability ActHealth Insurance Portability and Accountability Act

5. William H. Bowers – whb108@psu.edu Topics (cont.) Public Records Public Records Public Records Public Records –Census Census –Internal Revenue Service Internal Revenue ServiceInternal Revenue Service –FBI National Crime Information Center (NCIC) 2000 FBI National Crime Information Center (NCIC) 2000FBI National Crime Information Center (NCIC) 2000

6. William H. Bowers – whb108@psu.edu Topics (cont.) Privacy Act of 1974 Privacy Act of 1974 Privacy Act of 1974 Privacy Act of 1974 Covert Government Surveillance Covert Government Surveillance Covert Government Surveillance Covert Government Surveillance Wiretaps & Bugs Wiretaps & Bugs Wiretaps & Bugs Wiretaps & Bugs Operation Shamrock Operation Shamrock Operation Shamrock Operation Shamrock

7. William H. Bowers – whb108@psu.edu Introduction Computers, Internet make it easier to collect and distribute information Computers, Internet make it easier to collect and distribute information Previously private information is now easily available Previously private information is now easily available Google makes it easy to cross reference phone number and address Google makes it easy to cross reference phone number and address

8. William H. Bowers – whb108@psu.edu Introduction Maryland database of medical records established in 1993 Maryland database of medical records established in 1993 Goal was to contain health care costs Goal was to contain health care costs A member of the health commission used the information to call in the loans of people who had cancer A member of the health commission used the information to call in the loans of people who had cancer

9. William H. Bowers – whb108@psu.edu Introduction Driver’s Privacy Protection Act 1994 Driver’s Privacy Protection Act 1994 http://assembler.law.cornell.edu/uscod e/html/uscode18/usc_sec_18_000027 21----000-.html http://assembler.law.cornell.edu/uscod e/html/uscode18/usc_sec_18_000027 21----000-.html Prohibits states from revealing some driver’s license application information Prohibits states from revealing some driver’s license application information Requires states to provide information to the federal government Requires states to provide information to the federal government

10. William H. Bowers – whb108@psu.edu Introduction Privacy has been impacted upon by the USA PATRIOT Act Privacy has been impacted upon by the USA PATRIOT Act Data mining Data mining Identity theft Identity theft Encryption Encryption

11. William H. Bowers – whb108@psu.edu Perspectives on Privacy Defining privacy Defining privacy Access Access –Physical proximity –Knowledge about someone "Zone of inaccessibility" (Byrne) "Zone of inaccessibility" (Byrne) –Physical access Privacy is not the same as being alone Privacy is not the same as being alone

12. William H. Bowers – whb108@psu.edu Perspectives on Privacy Privacy violations are an affront to dignity Privacy violations are an affront to dignity Treats a person as a means to an end Treats a person as a means to an end Too much privacy can be harmful Too much privacy can be harmful Privacy is a social arrangement Privacy is a social arrangement

13. William H. Bowers – whb108@psu.edu Harms of Privacy Illegal and immoral activities take place under the cover of privacy Illegal and immoral activities take place under the cover of privacy Restricts community involvement Restricts community involvement Puts a greater burden on nuclear family Puts a greater burden on nuclear family Enables dysfunctional or abusive relationships Enables dysfunctional or abusive relationships

14. William H. Bowers – whb108@psu.edu Benefits of Privacy Provides for freedom, individuality Provides for freedom, individuality Allows for private expression and "blowing off steam" Allows for private expression and "blowing off steam" Allows for building personal relationships Allows for building personal relationships

15. William H. Bowers – whb108@psu.edu Is There a Natural Right To Privacy? Privacy rights stem from property rights Privacy rights stem from property rights The right to be left alone The right to be left alone Every privacy violation is a violation of another right Every privacy violation is a violation of another right Privacy is required to be an autonomous moral agent Privacy is required to be an autonomous moral agent

16. William H. Bowers – whb108@psu.edu Telemarketing & Privacy Telemarketing bothers us inside of our homes Telemarketing bothers us inside of our homes Violates our privacy and right to be left alone Violates our privacy and right to be left alone Do Not Call Registry Do Not Call Registry –May lead to increase in junk mail and other mass marketing methods

17. William H. Bowers – whb108@psu.edu Privacy & Trust Privacy is growing increasingly important Privacy is growing increasingly important We are less community oriented than 200 years ago We are less community oriented than 200 years ago Automobile permits individual rather than group travel Automobile permits individual rather than group travel TV is individual entertainment TV is individual entertainment Internet provides individual research rather than going to the library Internet provides individual research rather than going to the library

18. William H. Bowers – whb108@psu.edu Privacy & Trust We move more often and frequently do not know our neighbors We move more often and frequently do not know our neighbors Since we don't know people how do we trust them? Since we don't know people how do we trust them? –Trial by ordeal, lie detector or drug test

19. William H. Bowers – whb108@psu.edu Privacy and Trust Since we don’t know people how do we trust them? Since we don’t know people how do we trust them? –Credentials Driver's license Driver's license Credit card Credit card Degrees or certifications Degrees or certifications

20. William H. Bowers – whb108@psu.edu Disclosing Information We leave electronic trails as we go through life We leave electronic trails as we go through life Purchases via credit or debit cards Purchases via credit or debit cards Customer discount/loyalty cards Customer discount/loyalty cards Video, book rental records Video, book rental records Purchasing profiles at Amazon.com Purchasing profiles at Amazon.com

21. William H. Bowers – whb108@psu.edu Disclosing Information Public records Public records –Maintained by government agencies Birth certificates Birth certificates Marriage licenses Marriage licenses Motor vehicle records Motor vehicle records Criminal records Criminal records Deeds and mortgages Deeds and mortgages –Non-government such as telephone books

22. William H. Bowers – whb108@psu.edu Disclosing Information Personal (private) records Personal (private) records –Can be made public through consent –May require disclosure As an airline passenger As an airline passenger To obtain loans To obtain loans To obtain marriage licenses To obtain marriage licenses –May be inadvertently disclosed Court records Court records

23. William H. Bowers – whb108@psu.edu Public Information Rewards or loyalty programs Rewards or loyalty programs –Have been around for more than 100 years –S&H Green Stamps –Shoppers collected stamps based on purchase amounts –Pasted them into books –Redeemed by shopping in S&H catalog

24. William H. Bowers – whb108@psu.edu Public Information Rewards or loyalty programs Rewards or loyalty programs –Replaced by club cards –Members only discounts –Information is tracked individually –Rewards are tailored to card holder –Critics claim member prices are the same as those at non-membership stores –Therefore, non-members pay more

25. William H. Bowers – whb108@psu.edu Public Information Digital video recorders Digital video recorders –TiVo did not publicize that it collected viewer information –It tipped its hand when it announced that Janet Jackson’s “wardrobe malfunction” was the most recorded program in history

26. William H. Bowers – whb108@psu.edu Public Information Automobile “Black Boxes” Automobile “Black Boxes” –Microprocessor that records driving information –Speed, braking time, distance, seat belt use, etc. –Can be used by police and insurance

27. William H. Bowers – whb108@psu.edu Public Information Enhanced 911 Service Enhanced 911 Service –FCC requires cell phones be tracked to within 100 meters by December 2005 –Safety benefit is obvious –Potential for abuse is tremendous

28. William H. Bowers – whb108@psu.edu Public Information Public Information Radio Frequency ID (RFID) Radio Frequency ID (RFID) –Tiny wireless transmitter –Replacing bar codes Contain more information Contain more information Easier to scan Easier to scan Can be read from up to 6 feet away Can be read from up to 6 feet away –Could be used to track employee locations at work

29. William H. Bowers – whb108@psu.edu Public Information Implanted chips Implanted chips –Currently several versions in veterinary use –About the size of a grain of rice –Required in Taiwan, implanted in dog’s ear –Relatively inexpensive ($30 - $50) –Could be used in people

30. William H. Bowers – whb108@psu.edu Public Information Cookies Cookies –Text files –Generated and used by web pages –Stored on local hard drive –Potential for use by multiple pages –Generally unrestricted, except by browser

31. William H. Bowers – whb108@psu.edu Public Information Spyware Spyware –Monitors web surfing –Can log keystrokes, activities –Sends reports back to host –Increasing problem

32. William H. Bowers – whb108@psu.edu U. S. Legislation Fair Credit Reporting Act Fair Credit Reporting Act Family Education Rights and Privacy Act Family Education Rights and Privacy Act Video Privacy Protection Act Video Privacy Protection Act Children’s Online Privacy Protection Act Children’s Online Privacy Protection Act Health Insurance Portability and Accountability Act Health Insurance Portability and Accountability Act

33. William H. Bowers – whb108@psu.edu Fair Credit Reporting Act http://www.ftc.gov/os/statutes/fcra.ht m http://www.ftc.gov/os/statutes/fcra.ht m http://www.ftc.gov/os/statutes/fcra.ht m http://www.ftc.gov/os/statutes/fcra.ht m Three main credit reporting agencies Three main credit reporting agencies Sell reports to financial organizations, potential employers, landlords, etc. Sell reports to financial organizations, potential employers, landlords, etc. Act is designed to promote accuracy and privacy of information Act is designed to promote accuracy and privacy of information

34. William H. Bowers – whb108@psu.edu Family Education Rights and Privacy Act http://www.ed.gov/policy/gen/guid/fp co/ferpa/index.html http://www.ed.gov/policy/gen/guid/fp co/ferpa/index.html http://www.ed.gov/policy/gen/guid/fp co/ferpa/index.html http://www.ed.gov/policy/gen/guid/fp co/ferpa/index.html Guarantees students and parents access to records Guarantees students and parents access to records Insures privacy for students over 18 Insures privacy for students over 18

35. William H. Bowers – whb108@psu.edu Video Privacy Protection Act http://assembler.law.cornell.edu/uscod e/html/uscode18/usc_sec_18_000027 10----000-.html http://assembler.law.cornell.edu/uscod e/html/uscode18/usc_sec_18_000027 10----000-.html http://assembler.law.cornell.edu/uscod e/html/uscode18/usc_sec_18_000027 10----000-.html http://assembler.law.cornell.edu/uscod e/html/uscode18/usc_sec_18_000027 10----000-.html Prompted by Bork nomination hearing Prompted by Bork nomination hearing Stores can not disclose information without consumer’s consent Stores can not disclose information without consumer’s consent Must destroy personal records within one year, unless currently required Must destroy personal records within one year, unless currently required

36. William H. Bowers – whb108@psu.edu Children’s Online Privacy Protection Act http://www.ftc.gov/bcp/conline/pubs/ buspubs/coppa.htm http://www.ftc.gov/bcp/conline/pubs/ buspubs/coppa.htm http://www.ftc.gov/bcp/conline/pubs/ buspubs/coppa.htm http://www.ftc.gov/bcp/conline/pubs/ buspubs/coppa.htm Requires parental consent prior to collecting online information from children 12 and younger Requires parental consent prior to collecting online information from children 12 and younger Intent is to prevent contact with child Intent is to prevent contact with child How do we prove identities? How do we prove identities?

37. William H. Bowers – whb108@psu.edu Health Insurance Portability and Accountability Act http://www.hhs.gov/ocr/hipaa http://www.hhs.gov/ocr/hipaa http://www.hhs.gov/ocr/hipaa Protects patient information Protects patient information Effective April 2003 Effective April 2003 Forbids releasing information to life insurance companies, banks, family members, etc. without authorization Forbids releasing information to life insurance companies, banks, family members, etc. without authorization Insures patient rights to see own records Insures patient rights to see own records

38. William H. Bowers – whb108@psu.edu Public Records Federal government maintains thousands of databases Federal government maintains thousands of databases Generally not connected Generally not connected Census Census IRS IRS FBI FBI

39. William H. Bowers – whb108@psu.edu Census Constitutionally required every 10 years Constitutionally required every 10 years Intended for House of Representative apportionment Intended for House of Representative apportionment

40. William H. Bowers – whb108@psu.edu Census Census of 1790 had six questions Census of 1790 had six questions –Name of head of household –Number of free white males over 16 –Number of free white males under 16 –Number of free white females –All other free persons (by sex and color) –Number of slaves

41. William H. Bowers – whb108@psu.edu Census 1820 added occupation questions 1820 added occupation questions 1840 added school attendance and illiteracy 1840 added school attendance and illiteracy 1850 included taxes, schools, wages, crime, property values 1850 included taxes, schools, wages, crime, property values 1940 – 5% of population received longer questionnaire 1940 – 5% of population received longer questionnaire

42. William H. Bowers – whb108@psu.edu Census Individual information is to be kept confidential Individual information is to be kept confidential During World War I provided names and addresses of young men to military During World War I provided names and addresses of young men to military After Pearl Harbor attack, provided information on Japanese-Americans who were later interred After Pearl Harbor attack, provided information on Japanese-Americans who were later interred

43. William H. Bowers – whb108@psu.edu Internal Revenue Service First national income tax 1862 First national income tax 1862 Repealed in 1872 Repealed in 1872 Reinstated in 1898 Reinstated in 1898 Ruled unconstitutional in 1899 Ruled unconstitutional in 1899 16 th Amendment 1913 16 th Amendment 1913 Tax form contains much personal information Tax form contains much personal information

44. William H. Bowers – whb108@psu.edu Internal Revenue Service IRS investigates hundreds of employees yearly for misusing information in tax returns IRS investigates hundreds of employees yearly for misusing information in tax returns 2003 – five consumer groups complained that costumers of H &R Blocks’s web based filing received advertising for related products 2003 – five consumer groups complained that costumers of H &R Blocks’s web based filing received advertising for related products

45. William H. Bowers – whb108@psu.edu FBI National Crime Information Center (NCIC) 2000 Collection of databases Collection of databases Supports federal, state and local LEO Supports federal, state and local LEO First established in 1967 First established in 1967 Originally, 5 databases, about 95k records Originally, 5 databases, about 95k records Stolen autos, stolen license plates, stolen or missing guns, missing persons Stolen autos, stolen license plates, stolen or missing guns, missing persons Currently Currently

46. William H. Bowers – whb108@psu.edu FBI National Crime Information Center (NCIC) 2000 Currently 39 million records Currently 39 million records Convicted or wanted persons, criminal histories, fugitives, suspected terrorists, etc. Convicted or wanted persons, criminal histories, fugitives, suspected terrorists, etc. 80,000 LEO’s have access 80,000 LEO’s have access 2 million requests per day, about 1 second response time 2 million requests per day, about 1 second response time

47. William H. Bowers – whb108@psu.edu Privacy Act of 1974 Prohibits use of secret government databases Prohibits use of secret government databases Requires individual access to correct or amend own information Requires individual access to correct or amend own information Requires collecting agencies to assure reliability of information Requires collecting agencies to assure reliability of information

48. William H. Bowers – whb108@psu.edu Privacy Act of 1974 Only applies to government databases Only applies to government databases Applies only to records indexed by individual’s name Applies only to records indexed by individual’s name Places no one in charge of enforcement Places no one in charge of enforcement Allows inter-agency sharing for “routine use” Allows inter-agency sharing for “routine use”

49. William H. Bowers – whb108@psu.edu Covert Government Surveillance History of government information gathering History of government information gathering Colonial US under English law had writs of assistance Colonial US under English law had writs of assistance – –Gave authority to enter house or building and seize prohibited goods – –Not popular with colonists

50. William H. Bowers – whb108@psu.edu Covert Government Surveillance Fourth Amendment to US Constitution “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.”

51. William H. Bowers – whb108@psu.edu Wiretaps & Bugs Wiretap – interception of telephone communication Olmstead v. U.S. (277 US 438) Bootlegging in Seattle, Washington during Prohibition Illegal wiretap used to obtain evidence US Supreme Court ruled against Olmstead

52. William H. Bowers – whb108@psu.edu Wiretaps & Bugs Federal Communications Act (1934) makes wiretapping illegal US Supreme Court reversed Olmstead in 1937 J. Edgar Hoover continued wiretaps, arguing that prohibition was on revealing information

53. William H. Bowers – whb108@psu.edu Wiretaps & Bugs Allowed by F.D.R. in national security cases Evidence was inadmissible in court FBI maintained two sets of records – –Confidential files contained wiretap info – –Official files contained admissible evidence

54. William H. Bowers – whb108@psu.edu Wiretaps & Bugs Katz vs. US (389 US 347) http://caselaw.lp.findlaw.com/scripts/g etcase.pl?court=US&vol=389&invol=3 47 http://caselaw.lp.findlaw.com/scripts/g etcase.pl?court=US&vol=389&invol=3 47 US Supreme Court rules bugs covered by Fourth Amendment

55. William H. Bowers – whb108@psu.edu Operation Shamrock Censorship during World War II After war, US asked Western Union, ITT and RCA to voluntarily provide copies of all foreign government telegrams National Security Agency (NSA) formed 1952 and continued operation

56. William H. Bowers – whb108@psu.edu Operation Shamrock 1961 – Robert F. Kennedy, new US Attorney General collected information for “watch list” Added persons and companies doing business with Cuba Nixon added war protestors Operation officially ended in 1975

57. William H. Bowers – whb108@psu.edu Questions & Discussion