2. What We Will Cover Privacy and Computer Technology “Big Brother is Watching You” Privacy Topics Protecting Privacy

3. 1-3 USA PATRIOT Act Provisions Greater authority to monitor communications Greater powers to regulate banks Greater border controls New crimes and penalties for terrorist activity Tighter Internet surveillance Searches and seizures without warrants Warrants issued without need for showing probable cause

4. 1-4 Dana Summers / Tribune Media Services TMS Reprints

5. 1-5 Patriot Act Initial Successes Charges against 361 individuals Guilty pleas or convictions for 191 people Shoe-bomber Richard Reid John Walker Lindh More than 500 people removed from United States Terrorist cells broken up in Buffalo, Seattle, Tampa, and Portland (“the Portland Seven”)

6. 1-6 Patriot Act Failure March 11, 2004 bombings in Madrid Spain FBI makes Brandon Mayfield a suspect Claims partial fingerprint match Conducts electronic surveillance Enters home without revealing search warrant Copies documents and computer hard drives Spanish authorities match fingerprint with an Algerian Judge orders Mayfield released FBI apologizes U.S. government settled part of the lawsuit with Mayfield for a reported $2 million.

7. 1-7 Syndromic Surveillance System Created by New York City Analyzes more than 50,000 pieces of information every day 911 calls Visits to emergency rooms Purchases of prescription drugs Looks for patterns that might indicate an epidemic, bioterrorism, or an environmental problem In the fall of 2002, the system detected a surge in people seeking treatment for vomiting and diarrhea.

8. 1-8 Telecommunications Records Database Created by National Security Agency after 9/11 Contains phone call records of tens of millions of Americans NSA analyzing calling patterns to detect terrorist networks Phone records voluntarily provided by several major telecommunications companies USA Today revealed existence of database in May 2006 Several dozen class-action lawsuits filed August 2006: Federal judge in Detroit ruled program illegal and unconstitutional July 2007: U.S. Court of Appeals overturned ruling, saying plaintiffs did not have standing to bring suit forward

9. Privacy and Computer Technology Key Aspects of Privacy: Freedom from intrusion (being left alone) Control of information about oneself Freedom from surveillance (being tracked, followed, watched)

10. Privacy and Computer Technology (cont.) New Technology, New Risks: Government and private databases Sophisticated tools for surveillance and data analysis Vulnerability of data

11. Privacy and Computer Technology (cont.) Terminology: Invisible information gathering - collection of personal information about someone without the person’s knowledge Secondary use - use of personal information for a purpose other than the one it was provided for

12. Privacy and Computer Technology (cont.) Terminology (cont.): Data mining - searching and analyzing masses of data to find patterns and develop new information or knowledge Computer matching - combining and comparing information from different databases (using social security number, for example, to match records)

13. Privacy and Computer Technology (cont.) Terminology (cont.): Computer profiling - analyzing data in computer files to determine characteristics of people most likely to engage in certain behavior Businesses use these techniques to find likely new customers. Government agencies use them to detect fraud, to enforce other laws, and to find terrorist suspects or evidence of terrorist activity.

14. Privacy and Computer Technology (cont.) Principles for Data Collection and Use: Informed consent Opt-in and opt-out policies Opt-in: consumer must explicitly give permission for the organization to share info Opt-out: consumer must explicitly forbid an organization from sharing info Fair Information Principles (or Practices) Data retention

15. Fair Information Policies Inform people when personally identifiable information about them is collected, what is collected, and how it will be used.. Collect only the data needed.. Offer a way for people to opt out from mailing lists, advertising, transfer of their data to other parties, and other secondary uses.. Provide stronger protection for sensitive data, for example, an opt- in policy for disclosure of medical data.. Keep data only as long as needed.. Maintain accuracy of data. Where appropriate and reasonable, provide a way for people to access and correct data stored about them.. Protect security of data ( from theft and from accidental leaks).. Develop policies for responding to law enforcement requests for data.

16. Facebook Beacon Fandango, eBay, and 42 other online businesses paid Facebook to do “word of mouth” advertising Facebook users surprised to learn information about their purchases was shared with friends Beacon was based on an opt-out policy Beacon strongly criticized by various groups Facebook switched to an opt-in policy regarding Beacon Terminated this initiative and paid $9.5 million in lawsuit 1-16

17. Privacy and Computer Technology Discussion Questions Have you seen opt-in and opt-out choices? Where? How were they worded? Were any of them deceptive? What are some common elements of privacy policies you have read?

18. "Big Brother is Watching You" Databases: Government Accountability Office (GAO) - monitors government's privacy policies Data mining and computer matching to fight terrorism Is the information it uses or collects accurate and useful? Will less intrusive means accomplish a similar result? Will the system inconvenience ordinary people while being easy for criminals and terrorists to thwart? How significant are the risks to innocent people?

19. Sample Government Database

20. Privacy Act of 1974

21. US constitution – 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.”

22. "Big Brother is Watching You" (cont.) The Fourth Amendment, Expectation of Privacy and Surveillance Technologies: Weakening the Fourth Amendment Patriot Act Modern surveillance techniques are redefining expectation of privacy

23. "Big Brother is Watching You" (cont.) Video Surveillance: Security cameras Increased security Decreased privacy It is estimated that there are four million surveillance cameras in Britain, many outdoors in public places to deter crime. A Londoner is likely to be recorded dozens of times a day. In 2005, photos taken by the surveillance cameras helped identify terrorists who planted bombs in the London subway.

24. "Big Brother is Watching You" (cont.) Discussion Questions What data does the government have about you? Who has access to the data? How is your data protected? Is Privacy a fundamental right in Pakistan as per constitution? What are the Privacy Issues in Pakistan from legal, social and cultural perspective?

25. Diverse Privacy Topics Marketing, Personalization and Consumer Dossiers: Targeted marketing Data mining Paying for consumer information Data firms and consumer profiles Personalization of data to attract customers When someone consents to a company’s use of his or her consumer information, the person probably has no idea how extensive the company is and how far the data could travel. Many companies that maintain huge consumer databases buy ( or merge with) other companies, combining data to build more detailed databases and dossiers.

26. Diverse Privacy Topics (cont.) Location Tracking: Global Positioning Systems (GPS) -computer or communication services that know exactly where a person is at a particular time Cell phones and other devices are used for location tracking Pros and cons

27. Examples of Location Based Services Providing information about nearby restaurants of a particular kind, the nearest automated teller machine, hospital, or dry cleaners, based on the location of your cell phone or laptop. Navigation aids for blind people on foot. Devices that enable locating a stolen vehicle. Navigation systems for cars. Alerting you ( by cell phone) if any of your friends are nearby. Locating people, possibly injured or unconscious and buried in rubble, after an earthquake or bombing.. Tracking children on a school outing at a park or museum.

28. Diverse Privacy Topics (cont.) Stolen and Lost Data: Hackers Physical theft (laptops, thumb-drives, etc.) Requesting information under false pretenses Bribery of employees who have access

29. Examples of stolen/lost data Student and/ or alumni files from the University of California, Georgia Tech, Kent State, and several other universities, some with SSNs and birth dates. ( Hackers accessed a University of California, Los Angeles, database with personal data on roughly 800,000 current and former students, faculty, and staff members.). \ Records of almost 200,000 current and former employees of Hewlett- Packard ( on a laptop stolen from Fidelity Investments). Medical data on more than 20,000 patients in MediCal, Californias state health insurance system. Confidential contact information for more than one million job seekers ( stolen from Monster. com by hackers using servers in Ukraine) A survey of taxi drivers in London found that passengers left almost 5,000 laptops in taxicabs within a six- month period. Many, perhaps, contained only the personal information of the owner ( and friends, family, and e-mail correspondents). Most likely were business laptops containing personal and business information

30. Diverse Privacy Topics (cont.) What We Do Ourselves: “Broadcast Yourself” Personal information in blogs and online profiles Pictures of ourselves and our families File sharing and storing Is privacy old-fashioned? Young people put less value on privacy than previous generations May not understand the risks or you are ok with it.

31. Diverse Privacy Topics (cont.) Public Records: Access vs. Privacy: Public Records - records available to general public (bankruptcy, property, and arrest records, salaries of government employees, etc.) Identity theft can arise when public records are accessed How should we control access to sensitive public records?

32. Diverse Privacy Topics (cont.) Children: The Internet Not able to make decisions on when to provide information Vulnerable to online predators Parental monitoring Software to monitor Web usage Web cams to monitor children while parents are at work GPS tracking via cell phones or RFID

33. Diverse Privacy Topics Discussion Questions Is there information that you have posted to the Web that you later removed? Why did you remove it? Were there consequences to posting the information? Have you seen information that others have posted about themselves that you would not reveal about yourself?

34. Protecting Privacy Technology and Markets: Privacy enhancing-technologies for consumers Encryption Public-key cryptography Business tools and policies for protecting data

35. Protecting Privacy (cont.) Rights and laws: Theories Warren and Brandeis Thomson Transactions Ownership of personal data Regulation Health Insurance Portability and Accountability Act (HIPAA)

36. HIPAA Limits how doctors, hospitals, pharmacies, and insurance companies can use medical information Health care providers need signed authorization to release information Health care providers must provide patients with notice describing how they use medical information

37. Protecting Privacy (cont.) Privacy Regulations in the European Union (EU): Data Protection Directive More strict than U.S. regulations Abuses still occur Puts requirements on businesses outside the EU

38. 1. Personal data may be collected only for specified, explicit purposes and must not be processed for incompatible purposes. 2. Data must be accurate and up to date. Data must not be kept longer than necessary. 3. Processing of data is permitted only if the person consented unambiguously, or if the processing is necessary to fulfill contractual or legal obligations, or if the processing is needed for tasks in the public interest or by official authorities to accomplish their tasks ( or a few other reasons). 4. Special categories of data, including ethnic and racial origin, political and religious beliefs, health and sex life, and union membership, must not be processed without the subjects explicit consent. Member nations may outlaw processing of such data even if the subject does consent. 5. People must be notified of the collection and use of data about them. They must have access to the data stored about them and a way to correct incorrect data. 6. Processing of data about criminal convictions is severely restricted.

39. Protecting Privacy Discussion Question How would the free-market view and the consumer protection view differ on errors in Credit Bureau databases? Who is the consumer in this situation?

40. Communication Wiretapping and E-mail Protection: Telephone 1934 Communications Act prohibited interception of messages 1968 Omnibus Crime Control and Safe Streets Act allowed wiretapping and electronic surveillance by law- enforcement (with court order) E-mail and other new communications Electronic Communications Privacy Act of 1986 (ECPA) extended the 1968 wiretapping laws to include electronic communications, restricts government access to e-mail

41. Communication (cont.) Designing Communications Systems for Interception: Communications Assistance for Law Enforcement Act of 1994 (CALEA) Telecommunications equipment must be designed to ensure government can intercept telephone calls Rules and requirements written by Federal Communications Commission (FCC)

42. Communication (cont.) Encryption Process of transforming a message in order to conceal its meaning Valuable tool for maintaining privacy Encryption Policy: Government ban on export of strong encryption software in the 1990s (removed in 2000) Pretty Good Privacy (PGP)

43. 1-43 Identity Theft Identity theft: misuse of another person’s identity to take actions permitted the owner Credit card fraud #1 type of identity theft Ease of opening accounts online contributes to problem About 10 million U.S. victims in 2008 Typical for a victim to spend hundreds of hours cleaning up problem

44. 1-44 Gaining Access to Information 43% of cases involve stolen wallet, credit card, checkbook, or other physical document 13% of cases are “friendly thefts” Dumpster diving Shoulder surfing

45. Phishing and Pharming Phishing: gathering personal information via a fraudulent spam message Pharming: creation of an authentic-looking Web site to fool people into revealing personal information Phishing and pharming often linked; spam message contains link to fraudulent Web site 1-45