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Ethics: The right to privacy

Ethics: The right to privacy. Defining privacy. Discussions about privacy revolve around the idea of "access" physical proximity to a person knowledge about that person

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Ethics: The right to privacy

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  1. Ethics: The right to privacy Matthew Healy (mjh AT cs.rit.edu)

  2. Defining privacy • Discussions about privacy revolve around the idea of "access" • physical proximity to a person • knowledge about that person • There is a conflict between the rights/desires of a person who wants to restrict access to himself, and those of outsiders wishing to gain access • Where should the line be drawn between what is private and what is public (known to all)? Matthew Healy (mjh AT cs.rit.edu)

  3. Some simple examples • Privacy as a good to society • A friend invites you to look at something that they've found on the web. You go into the lab, and she begins to log on. While it is her responsibility to keep her password private, it's generally accepted that you should avert your gaze while she enters it. • Privacy as harmful to society • Suppose a group of wealthy individuals forms a private club, wherein the members share information with each other that is not generally available to the public. If the club allows them to cut business deals with each other on the basis of this information, that gives the members an unfair advantage over others in the community. Matthew Healy (mjh AT cs.rit.edu)

  4. Some harms of privacy • Some people take advantage of privacy to plan and perform illegal or immoral activities • It has been suggested that increasing privacy has caused unhappiness by forcing nuclear families to care for all of its members • In the past, people received moral support from relatives, neighbors, etc. Now, they must "solve their own problems", regardless of the personal strain. • The respect for family privacy in our culture can foster domestic violence. Matthew Healy (mjh AT cs.rit.edu)

  5. Some benefits of privacy • It has been argued that privacy is valuable because it lets us be ourselves. • Imagine you're in the park, playing with a child. How would you behave if you knew that you were being watched, and that others might be reviewing your behavior for suspicious actions? • Privacy lets us remove our public persona • You may need to be polite/formal on the job, but you can relax and let your private face show through when you're on your own time. • Privacy can foster intellectual activities, by allowing us to work without interruption • It has been argued that privacy is needed in order to live a creative life, and for spiritual growth • Privacy has been referred to as "moral capital", which is used in building deep personal relationships involving respect, love, friendship, and trust Matthew Healy (mjh AT cs.rit.edu)

  6. Is there a right to privacy? • English common law tradition: • "A man's home is his castle" • Not even the king could enter without probable cause of criminal activity • US law • The right to privacy is considered a "derived right", based on other constitutional guarantees • Based on Supreme Court decisions in numerous cases • The Third Amendment reflects a privacy interest by prohibiting the government from housing soldiers in the homes of citizens • The right of privacy has also been cited as a clear implication of the Fourteenth Amendment, in the "due process" clause Matthew Healy (mjh AT cs.rit.edu)

  7. " 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." • - 4th Amendment to the U.S. Constitution Matthew Healy (mjh AT cs.rit.edu)

  8. "The right to be left alone -- the most comprehensive of rights, and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment." • - Supreme Court Justice Louis Brandeis, • in Olmstead v. U.S.(1928). Matthew Healy (mjh AT cs.rit.edu)

  9. Disclosing information • As we go through life, we leave behind a growing electronic trail of our activities • Credit card purchases • Groceries bought at a discount with loyalty cards • Videos rented • Calls made with telephones • etc. • Companies collect this data for their own purposes • Using it to bill us for services • Recommendations for new services, purchases • "Mining" it to build profiles for targeted advertising • Making it available to other individuals as a part of their services Matthew Healy (mjh AT cs.rit.edu)

  10. Example: Amazon Recommendations Matthew Healy (mjh AT cs.rit.edu)

  11. Example: Google Phonebook Matthew Healy (mjh AT cs.rit.edu)

  12. Some terminology • Public record • Contains information about an incident or action reported to a government agency for the purpose of informing the public • Examples: birth certificates, marriage licenses, motor vehicle records, deeds to property, criminal records • Public information • Information that you have provided to an organization that has the right to share it with other organizations • We typically do this because we feel the benefit we will derive is worth the cost to us in the form of less privacy • Example: a listing in a telephone directory • Personal information • Information that is not public information or part of a public record • Once disclosed to an organization that has the right to share it, it becomes public information Matthew Healy (mjh AT cs.rit.edu)

  13. Public records • The federal government maintains thousands of databases containing billions of records about US citizens • Some examples: • Census records • Information is supposed to be kept confidential • At times of national emergency, this has not been the case • Internal Revenue Service records • Information about income, assets, charitable organizations that you support, medical expenses.... • Each year the IRS investigates 100s of employees for misusing access to these records • Hundreds of tapes/disks containing income tax data have been misplaced • FBI National Crime Information Center (NCIC) 2000 • 59 million records • More than 80,000 law enforcement agencies have access to these files • More than 2 million information requests are processed each day, with an average response time of less than 1 second Matthew Healy (mjh AT cs.rit.edu)

  14. Some laws governing privacy • Constitutional protections • Federal Communications Act (1934) • Fair Credit Reporting Act (1970, 1995) • The Privacy Act of 1974 • The Family Educational Rights and Privacy Act (1974) • The Right to Financial Privacy Act (1978) • Video Privacy Protection Act (1988) • Health Insurance Portability and Accountability Act (1996) Matthew Healy (mjh AT cs.rit.edu)

  15. What about everything else? • The privacy of most other information is not guaranteed. • In 1998, the European Union severely limited the buying and selling of personal data • These practices have been generally allowed under U.S. law • Companies doing business in both the EU and US must be careful to observe all appropriate laws Matthew Healy (mjh AT cs.rit.edu)

  16. Why do we let information go? • Sometimes we release personal information in order to get a benefit • Examples: • You must disclose your Social Security number to a bank in order to get a loan • You must allow your belongings (and possibly your person) to be searched in order to travel by air • If you use TiVo, you're providing them with detailed information on your viewing habits (and they sell this information, which they monitor down to the second) • Sometimes you are forced to release information • Example: • People called to testify at a trial may be forced to reveal personal information, whether or not they consent Matthew Healy (mjh AT cs.rit.edu)

  17. USA PATRIOT Act • Prompted by terrorist attacks using passenger planes as flying bombs on September 11, 2001 • Destroyed the World Trade Center • Significantly damaged the Pentagon • Resulted in ~3,000 deaths • Shortly after the attacks, Congress passed the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001" Matthew Healy (mjh AT cs.rit.edu)

  18. USA PATRIOT Act • Patriot Act amended more than 15 existing laws • Provisions fell into 4 primary categories • Provided federal law enforcement and intelligence officials with greater authority to monitor communications • Gave the Secretary of the Treasury greater powers to regulate banks, preventing them from being used to launder foreign money • Making it more difficult for terrorists to enter the US • Defining new crimes and penalties for terrorist activity • Many provisions were scheduled to expire ("sunset") in 2005 • Intention was to allow Congress to debate whether some/all of them should be reenacted Matthew Healy (mjh AT cs.rit.edu)

  19. Patriot Act impacts on privacy • Various provisions of the Patriot Act have direct impacts on the privacy of persons living within the US • Police officers can use pen registers on the Internet to track email addresses and URLs, without demonstrating probable cause • Jurisdiction for court-ordered wiretaps was extended over the entire country (e.g., judges in NY could authorize a tap in CA) • The circumstances under which "roving surveillance" is allowed were broadened • Allows courts to authorize searches of a person's premises without first serving a warrant, and officers may seize property that "constitutes evidence of a criminal offense" (even if the offense is unrelated to terrorism) • Makes it easier for the FBI to collect business, medical, educational, library, and church/mosque/synagogue records Matthew Healy (mjh AT cs.rit.edu)

  20. Patriot Act impacts on privacy • Other impacts: • Computer hacking is a "predicate offense" permitting police to seek certain types of wiretaps. (Sec. 202) • Federal police can share information gleaned from a wiretap or Carnivore-like surveillance device with spy agencies. Previous0ly, there was no explicit authorization for such data sharing. (Sec. 203) • Internet providers and other communications providers can divulge information to police more readily. Specifically, customer records and other data may be legally handed over to police in an emergency. (Sec. 212) • Computer service providers may eavesdrop on electronic trespassers legally. Police can be authorized to "listen in" on what's happening on the provider's network. (Sec. 217) • Some are concerned that these impacts violate the 4th Amendment Matthew Healy (mjh AT cs.rit.edu)

  21. Executive order for eavesdropping • In 2002, Bush secretly authorized the National Security Agency to eavesdrop on Americans without seeking court-approved warrants. • This was revealed in late 2005, with additional details being reported in 2006 • Executive order is based on classified legal opinions that assert that the president has broad powers to order such searches, derived in part from the September 2001 Congressional resolution authorizing him to wage war on Al Qaeda and other terrorist groups. • NSA still seeks warrants to monitor entirely domestic communications, but email/phone traffic that is international in nature can be monitored without warrants. • Officials familiar with program say the NSA eavesdrops without warrants on up to 500 people in the United States at any given time. (List changes over time as names are added/removed.) • Bush administration cites the operation as necessary so that the agency can move quickly to monitor communications that may disclose threats to the United States. Matthew Healy (mjh AT cs.rit.edu)

  22. Executive order for eavesdropping • The Administration's position is that President Bush's authority to ignore FISA and approve such surveillance programs personally, stems from two sources: • The September 18, 2001 Congressional Joint Authorization for the Use of Military Force, and/or • His inherent powers as described in Article Two of the United States Constitution, Section Two. • The administration also contends that the program was implicitly authorized by Congress under Title II of the USA PATRIOT Act, entitled Enhanced Surveillance Procedures. Matthew Healy (mjh AT cs.rit.edu)

  23. Executive order for eavesdropping • Public knowledge of this program has led to a major national controversy over such issues as: • Legality of warrantless electronic surveillance of U.S. persons and on citizens' right to privacy. • Legality of mass surveillance in the United States. • Constitutional issues concerning the separation of powers. • The effectiveness and scope of the program. • The legality of the leaking and publication of classified information. • Implications for U.S. national security arising from the disclosure. • The Unitary theory of executive power that can allegedly supersede statutes such as FISA passed by Congress Matthew Healy (mjh AT cs.rit.edu)

  24. Patriot Act II proposal • Draft of the Domestic Security Enhancement Act of 2003 was leaked to the press in Feb, 2003 • Dubbed "Patriot Act II" by the press • Many objections were raised (unlike for Patriot Act) • Congress adjourned at the end of 2003 without passing this act • Intended to grant additional new powers to the government: • The ability to expatriate American citizens "convicted of giving material support to a group that's designated a terrorist organization" • The ability to keep the names of people being held on suspicion of terrorism secret • Allowing law enforcement officers to obtain access to records help by ISPs, doctors, family members, or friends on the basis of administrative subpoenas • The right to collect DNA samples from suspected terrorists and to create a national DNA database accessible by federal, state, and local law enforcement • The right for police to wiretap suspects and intercept their email for 15 days without obtaining a warrant Matthew Healy (mjh AT cs.rit.edu)

  25. PATRIOT act renewal fight • Late in 2005, a fight arose in the US Senate over the question of renewing 16 sections of the PATRIOT act • Last-minute negotiations in the House resulted in a compromise bill to extend them for 4 years, without substantial reforms. (This bill was passed by a 251 to 174 vote.) • Passage of the bill by the Senate was blocked by a filibuster by Democrats and Republicans seeking reforms that would increase oversight of (and some limits on) how the law's surveillance powers can be used. • As of mid-December, there was no sign that the bill would pass before the end of the year, prompting temporary extensions of the act, allowing further debate in the interim. • In early March 2006, the House and Senate passed legislation approving a compromise package to renew the 16 sections with some new limits on certain governmental powers. Three provisions of the renewed act were scheduled for review in four years; the other provisions are permanent. Matthew Healy (mjh AT cs.rit.edu)

  26. National ID card controversy • There has long been debate over the need for a national ID card • Initial legislation concerning the Social Security Number specified that it could not be used for identification purposes • In 1971, the Social Security Administration task force on the SSN rejected the extension of the SSN to the status of an ID card. • In 1973, the Health, Education and Welfare (HEW) Secretary's Advisory Committee on Automated Personal Data Systems concluded that a national identifier was not desirable. • In 1976, the Federal Advisory Committee on False Identification rejected the idea of an identifier. • In 1977, the Carter Administration reiterated that the SSN was not to become an identifier. • In 1981, the Reagan Administration stated that it was "explicitly opposed" to the creation of a national ID card. • The events of September 11, 2001 renewed the debate, and changed some of the terms on which it took place Matthew Healy (mjh AT cs.rit.edu)

  27. National ID card controversy • Arguments made by those in favor of national ID cards include: • We currently rely on second-rate identification methods, such as SSNs and driver's licenses: more modern cards could include thumbprints or other biometrics, making them harder to forge • It would make it much more difficult for people to enter the US illegally, helping to prevent terrorist attacks • Requiring employers to check the ID card would prevent illegal aliens from working in the US • Giving police the ability to positively identify people would reduce crime • Many democratic countries already use national ID cards, including Belgium, France, Germany, Greece, Luxembourg, Portugal, and Spain Matthew Healy (mjh AT cs.rit.edu)

  28. National ID card controversy • Arguments made by those opposing the use of national ID cards include: • A national ID card does not guarantee that the apparent identity of an individual is that person's actual identity • It is impossible to create a biometric-based national ID card that is 100% accurate • There is no evidence that the institution of a national ID card actually leads to a reduction in crime • A national ID card makes it simpler for government agencies to perform data mining on the activities of its citizens • While most people feel that they have nothing to fear from a national identification card system, since they are law-abiding citizens, even law-abiding people are subject to fraud and the indiscretions and errors of others Matthew Healy (mjh AT cs.rit.edu)

  29. Real ID • February, 2005: Congress passes the REAL ID act • Compels states to design their driver's licenses by 2008 to comply with federal antiterrorist standards • As of 2008, if you live or work in the United States, you will need a federally approved ID card to travel on an airplane, open a bank account, collect Social Security payments, or take advantage of nearly any government service (including access to national parks and some courthouses) • Supporters say it adheres to the recommendations of the 9/11 Commission and is needed to frustrate both terrorists and illegal immigrants Matthew Healy (mjh AT cs.rit.edu)

  30. Real ID • Some fear that it gives unfettered authority to the Department of Homeland Security to design state ID cards and driver's licenses. • Possibilities include biometric information such as retinal scans, fingerprints, DNA data and RFID tracking technology • Others fear that this effectively results in a national ID card (or worse). • "It's going to result in everyone, from the 7-Eleven store to the bank and airlines, demanding to see the ID card. They're going to scan it in. They're going to have all the data on it from the front of the card...It's going to be not just a national ID card but a national database." Barry Steinhardt, Director ACLU technology and liberty program Matthew Healy (mjh AT cs.rit.edu)

  31. Some offered criticisms of REAL ID • REAL ID requires that driver's licenses contain actual addresses, and no post office boxes. • There are no exceptions made for those who fear for their personal safety (e.g., judges, police/undercover officers, domestic violence victims) or do not have a permanent home (e.g., the homeless, who may be urgently in need of Medicare or other benefits). • REAL ID prohibits states from issuing driver's licenses to illegal aliens. • This makes no sense, and will only result in these illegal aliens driving without licenses -- which isn't going to help anyone's security. • REAL ID is expensive. • States are required to verify all information, and redesigning their driver's licenses to conform with the law. • The ID must include features designed to thwart counterfeiting and identity theft. • It's an unfunded mandate: the federal government is forcing the states to spend their own money to comply with the act. Estimates of the cost to the states for compliance include $120 million. Matthew Healy (mjh AT cs.rit.edu)

  32. Some offered criticisms of REAL ID • Concerns exist about the privacy of the data. • All 50 states' DMVs will share information in a common database and may also verify information given to them against various federal databases. • States are required to retain copies of the documentation supporting the IDs (birth certificates, etc.) for 7-10 years, but no requirements are defined for ensuring the security of this information. • It's very possible that such data will be sold to commercial entities: some states already allow driver's license data to be sold to third parties. • The IDs must include a "common machine-readable technology" that must meet requirements set out by the Department of Homeland Security, which has indicated a preference for RFID chip use in the past. • Private businesses may be able to use remote scanners to read RFID tags too, for inclusion in customer data files, sharing with other organizations, etc. • No safeguards are defined within the Act to prevent this type of use (unlike the requirements in the State Department's addition of RFID to passports). Matthew Healy (mjh AT cs.rit.edu)

  33. Some offered criticisms of REAL ID • "The wackiest thing is that none of this is required." • "In October 2004, the Intelligence Reform and Terrorism Prevention Act of 2004 was signed into law. That law included stronger security measures for driver's licenses, the security measures recommended by the 9/11 Commission Report. That's already done. It's already law." - Bruce Schneier, security expert Matthew Healy (mjh AT cs.rit.edu)

  34. Some discussion questions Matthew Healy (mjh AT cs.rit.edu)

  35. Critics of grocery club cards give examples of card-member prices being equal to the regular prices at stores without customer loyalty programs. (In other words, those without a card, or who don't want to use it are charged extra fees.) Is it fair for a store to charge us more if we don't want to use its loyalty card? Explain your reasoning. • Some consumers give phony personal information when they apply for rewards/loyalty cards at stores. Others take it a step further by regularly exchanging their cards with those held by other people. Are these people doing anything wrong? Why? Matthew Healy (mjh AT cs.rit.edu)

  36. In a recent study, people in subway stations were ordered a cheap pen in return for disclosing their passwords. About 90 percent offered their passwords in return for the pen.Do people really value privacy? Matthew Healy (mjh AT cs.rit.edu)

  37. Think about what you do when you get up in the morning. How would you act differently if you knew that you were being watched? Would you feel uncomfortable? Do you think you would get used to being watched? Matthew Healy (mjh AT cs.rit.edu)

  38. Divide the class into two groups (pro and con) to debate the proposition that every citizen of the US ought to carry a national ID card. • Divide the class into two groups (pro and con) to debate President Bush's actions in authorizing warrentless surveillance by the NSA. Matthew Healy (mjh AT cs.rit.edu)

  39. The Dept. of Homeland Security is interested in using computers to identify suspected terrorists operating within the US. • It would like to mine databases containing information about purchases and travel to detect patterns that may identify individuals who are engaged in (or planning) terrorist activities. • The Dept. asks a panel of computer scientists to determine the feasibility of this project, and a panel member suggests that the most difficult problem will be determining what patterns of transaction to look for. • It is further suggested that it might be possible to construct an computer program that uses AI to mimic a terrorist organization. The program would determine the actions needed to execute an act of terror: once these actions are identified, it would be possible to search database records to find evidence of these actions. • Debate: • the wisdom of developing a computer program capable of planning the steps needed to execute an act of terror • the ethics of the Department's plan for mining commercial databases for the purpose of detecting potential terrorists' patterns Matthew Healy (mjh AT cs.rit.edu)

  40. Promise of anonymity for the innocent • Many intelligence-gathering systems have been proposed that mine the data and transaction records of an entire population. • Some examples are bank transactions and email exchanges. • During the scans, no personal identifiers are specifically accessed or stored. • If a pattern is seen that represents highly suspicious activity, the person is at that point identified and an investigation on him/her is started. • Ignoring the question of the accuracy of the pattern-matching algorithms and the ethics of monitoring law-abiding citizens, how comfortable are you with a promise from the organizations involved that they will scan your data anonymously and never identify the owner of that data without reasonable cause? Matthew Healy (mjh AT cs.rit.edu)

  41. Information Awareness Office (old logo) Matthew Healy (mjh AT cs.rit.edu)

  42. Matthew Healy (mjh AT cs.rit.edu)

  43. Matthew Healy (mjh AT cs.rit.edu)

  44. Additional Resources Matthew Healy (mjh AT cs.rit.edu)

  45. Some additional resources • Right to privacy: • http://www.fontanalib.org/Constitutional%20Origin%20of%20the%20Right%20to%20Privacy.htm • http://www.publaw.com/privacy.html • http://www.ala.org/ala/washoff/oitp/emailtutorials/privacya/05.htm • http://www.epic.org/ • http://tinyurl.com/ds77q • Privacy issues • http://www.postgazette.com/pg/05058/462446.stm • http://www.aclu.org/Privacy/Privacylist.cfm?c=130 • http://www.privacy.org/ • http://www.schneier.com/blog/archives/2004/12/the_digital_per.html • http://www.techweb.com/rss/54200987 • http://tinyurl.com/86546 • http://tinyurl.com/c93en • http://action.aclu.org/reformthepatriotact/ Matthew Healy (mjh AT cs.rit.edu)

  46. Some additional resources • National ID cards/REAL ID: • http://www.epic.org/privacy/id_cards/ • http://www.privacy.org/pi/activities/idcard/ • http://tinyurl.com/7dlw9 (Time) • "The national ID card that isn't, yet" • http://www.schneier.com/essay-034.html • http://www.schneier.com/crypto-gram-0112.html#1 • http://tinyurl.com/cgehn (National Review) • http://tinyurl.com/dymb3 (News.com) • http://tinyurl.com/bnuxz (News.com) • http://tinyurl.com/9o8ho • "DHS privacy chief wary of national IDs" • http://tinyurl.com/cr4w7 (Washington Post) • http://www.unrealid.com/ • http://www.schneier.com/blog/archives/2005/05/real_id.html • http://tinyurl.com/8h4a3 (News.com FAQ on REAL ID) Matthew Healy (mjh AT cs.rit.edu)

  47. Some additional resources: • Social Security Numbers: • http://tinyurl.com/dlmsk (News.com) • Identity theft: • http://tinyurl.com/9ymqo • http://tinyurl.com/98ldg • RFID-enabled passports: • http://tinyurl.com/e299g (Wired) • Biometrics • http://tinyurl.com/a4c8y • Secure Flight Program: • http://www.schneier.com/crypto-gram-0508.html#12 Matthew Healy (mjh AT cs.rit.edu)

  48. Some additional resources: • NSA telephone monitoring: • http://en.wikipedia.org/wiki/NSA_warrantless_surveillance_controversy • http://www.npr.org/news/specials/nsawiretap/legality.html • http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm • http://www.acsblog.org/bill-of-rights-2835-guest-blogger-nsa-again-violates-the-law.html • http://www.darkreading.com/document.asp?doc_id=96927&WT.svl=column1_1 Matthew Healy (mjh AT cs.rit.edu)

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