Internet Privacy and Security Legislation

Internet Privacy and Security Legislation
Current laws, future legislation, and privacy abuses Group 21-22

What is Internet Privacy? Internet Privacy: “The right of personal privacy concerning the storing, repurposing, providing to third-parties, and displaying of information pertaining to oneself via the internet.” Wikipedia

Significant Legislation 1967 Katz v. United States 1986 – Electronic Communications Privacy Act 1998 - Children Online Privacy Protection Act 2001 – PATRIOT ACT 2010 – Privacy Bill of Right 2012 – Cybersecurity Act / Secure It Act

Katz v. United States Does the right to privacy extend to telephone booths and other public places? Established the legal definition of “privacy” and “search.” Extended Fourth Amendment protection to all areas where a person has a “reasonable expectation of privacy.” Charles Katz had used a public pay phone booth to transmit illegal gambling wagers from Los Angeles to Miami Court rules 7-1 in favor of Katz Wikipedia

Electronic Communications Privacy Act Enacted 1986 Boundaries for law enforcement to access personal electronic communication and stored electronic records Protects email, pictures, and data from being accessed by law enforcement. Unlawful for an individual to reveal the information of electronic communications with the exception of a court order or subpoena Source: Wikipedia

Children Online Privacy Protection Act 1998 - Federal Trade Commission creates COPPA, took effect in 2000 Limits the information gathered from children under 13 without parental consent Only personal information that is “reasonably necessary” for online activity Source: Wikipedia

PATRIOT Act President Bush responded to the 9/11 attacks with the “Uniting and Strengthening America by Providing Appropriate Tools Require to Intercept and Obstruct Terrorism Act” or Patriot Act Grants additional wiretapping and surveillance authority to federal law enforcement, removes barriers between law enforcement and intelligence agencies, and gives greater authority to the Attorney General to detain and deport aliens suspected of having terrorist ties Three key provision extended by President Obama Roving wiretaps – US wiretap that follows a specific target Searches of business records Surveillance of “long wolves” – suspected of activity, but no link to group An “overboard and unjustified infringement of privacy, association, and due process rights.” - McCarthy, Michael T., 2002

Privacy Bill of Rights Developed by Obama Administration to suggest how companies should protect consumer online information 1 – Individual control 2 – Transparency 3 – Respect for context 4 – Security 5 – Access and Accuracy 6 – Focused collection 7 – Accountability Source: WhiteHouse.Gov

Current Cybersecurity Bills “Much of the debate so far has focused on whether proposed new regulations would be too onerous and costly for the private sector. Business interests have played a key role in crafting both proposals.” – Wall Street Journal Current legislation focuses on securing government networks and critical infrastructure Source: Wall Street Journal, March 9, 2012

Current Cybersecurity Bills Cybersecurity Act of 2012 Supported by President Obama, Sen. Susan Collins, Sen. Joseph Lieberman Requires critical infrastructure companies to meet standards set by Department of Homeland Security Free exchange of cyberthreat data between government and the private sector Effectively gives cybersecurity power to Department of Homeland Security Continuous monitoring of government networks for security gaps Source: Wall Street Journal, March 9, 2012

Current Cybersecurity Bills Secure it Act of 2012 GOP bill, response to Cybersecurity Act of 2012, sponsored by Sen. John McCain Criminal Penalties for cybercrime particularly against critical infrastructure. Source: Wall Street Journal, March 9, 2012 “The Secure IT Act, would allow the NSA to collect the internet records of people who are not suspected of doing anything wrong. This unprecedented and broadly worded bill clears the way for internet providers, wireless carriers, and websites to share your personal information with military spy agencies.” ACLU

Abuses of Privacy Robbins v. Lower Merion School District Google using Safari to plant illegal cookies

Robbins v. Lower Merion School District Two suburban Philadelphia high schools remotely activated webcams embedded in school-issued laptops while their students were at home Chat logs and records of visited websites kept 66,000 webshots and screenshots taken, including several of students in their bedrooms October 2010, school district agrees to settle for $610,000 wikipedia

Google using Safari to plant cookies Used special computer code to install “cookies” on devices set to block tracking Cookies are put onto Safari using an “iframe,” an invisible container that allows content from one website to be embedded within another site Google then inserted an invisible form into the container Google “submitted” the form automatically. From that point on, Safari behaves as though the user has filled something out intentionally, allowing Google to store the cookie on the user’s machine - 16 March, 2012 Wall Street Journal, Google in New Privacy Probes

Any society that would give up a little liberty to gain a little security will deserve neither and lose both Benjamin Franklin

Question and Answers

Question 1 What does SOPA stand for Stop Online Privacy Act Stop Online Piracy Act Stop Online Piracy Administration

Question 2 What does PIPA stand for? Protect intellectual property act Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act Protect IP Act B & C

Question 3 What companies protested SOPA Google Yahoo Facebook Twitter All of the Above

Internet Privacy and Security Legislation