When Private Is Public

1. When Private Is Public William Deupree Dartmouth College Computer Science 99 24 February 2000

2. The Next 25 Minutes Of Your Life • Privacy Today • Timothy McVeigh’s Bad Day • Ethical Examinations • America Online • The U.S. Navy • Agreeing On A Policy

3. Today’s Online Privacy “You already have zero privacy – get over it.” - Scott McNealy, Chairman and CEO of Sun Microsystems

4. Case Overview • McVeigh became symbol of 2 intense national debates • Online Privacy • Homosexuals in the military • Because of the unauthorized release of “private” information

5. McVeigh’s Bio • Served in Navy 17 years • Senior Chief Petty Officer • Chief of the boat, USS Chicago • “Outstanding role model”

6. Rotten, Horrible, Very Bad Day • September 12, 1997 • Superior officers from Submarine Squadron Three arrive • Inform of formal investigation • Relieve him of his post

7. Why? • Sparked by email to colleague • AOL account

8. Why? • Sparked by email to colleague • AOL account • First Name: Tim • User name: Boysrch • Marital Status: gay

9. How Was The Connection Made • One Phone Call To AOL • No warrants • “Owen”

10. On Trial • November 7, 1997 • “Gay” is confession of homosexuality • Weak Case • McVeigh refuted accusations • Dishonorably discharged

11. Outraged “I feel that the word ‘gay’ presumes nothing of homosexual acts or constitutes any statement sufficient enough to justify the Navy’s decision to separate me after 17 years of exemplary service.” - Timothy McVeigh

12. Always Retaliate! • Launched web site • Hired specialized lawyers • Had ruling overturned • Returned to navy at desk job • Retired

13. America Online Ethics • Information released by “Owen” • No court orders or warrants “We take the law and our members’ privacy very seriously.” - AOL

14. What Was Owen Thinking? • Confused About Company Policy • Should have asked supervisor • Duped by Navy • Should have known company policy • Default should have been to keep info private

15. Not Ethical • AOL realized their mistake • Compensated McVeigh for damages

16. What About The Navy? • “Don’t ask, don’t tell” • “Commanders or appointed inquiry officials shalt not ask, and members shalt not be required to reveal whether a member is a heterosexual, homosexual, or bisexual.”

17. What About The Navy? • “Don’t ask, don’t tell” • “Commanders or appointed inquiry officials shalt not ask, and members shalt not be required to reveal whether a member is a heterosexual, homosexual, or bisexual.” • “Don’t pursue” • “Credible information does not exist, for example, when ... the individual is suspected of engaging in homosexual conduct, but there is no credible information, as described to support that suspicion”

18. Not Ethical • Should have been overlooked • Focused on one goal • Disregard for rules

19. The Point “What this case highlights is how easily information becomes public and how easily it can be misused. Because we don’t have a rule or a culture that says information which is provided for one purpose can’t be traded on, this problem is on the verge of exploding.” - Barry Steinhardt, Executive Director of Electronic Frontier Foundation

20. Policy Needed • AAAS Recommendations • Anonymity is morally neutral • “Strong human right” • Users should be informed • Clinton’s Recommendations • Increased Privacy online • Medical records, financial statements, credit cards

21. Not Like Baking A Cake • Privacy versus accountability • The Good versus The Bad • International issues

22. The Future “I think we are dangerously close to a lose-lose situation in which citizens have lost their privacy to commercial interests and criminals have easy access to absolute anonymity. That’s not the world we want.” - Philip Reitinger, Justice Department Prosecutor • Policy Needed • Individual rights and accountability