Ethics for the Information Age

William H. Bowers – [email protected] H. Bowers – [email protected]

Ethics for theEthics for theInformation AgeInformation Age

Chapter 5 – Privacy IChapter 5 – Privacy I


TopicsTopics

IntroductionIntroduction Perspectives on PrivacyPerspectives on Privacy Harms of PrivacyHarms of Privacy Benefits of PrivacyBenefits of Privacy Is There a Natural Right To PrivacIs There a Natural Right To Privac

y?y?


Topics (cont.)Topics (cont.)

Telemarketing & PrivacyTelemarketing & Privacy Privacy & TrustPrivacy & Trust Disclosing InformationDisclosing Information Public InformationPublic Information



U. S. LegislationU. S. Legislation– Fair Credit Reporting ActFair Credit Reporting Act– Family Education Rights and Privacy Family Education Rights and Privacy

ActAct– Video Privacy Protection ActVideo Privacy Protection Act– Children’s Online Privacy Protection ActChildren’s Online Privacy Protection Act– Health Insurance Portability and Health Insurance Portability and

Accountability ActAccountability Act



Public RecordsPublic Records– CensusCensus– Internal Revenue ServiceInternal Revenue Service– FBI National Crime Information FBI National Crime Information

Center (NCIC) 2000Center (NCIC) 2000



Privacy Act of 1974Privacy Act of 1974 Covert Government SurveillanceCovert Government Surveillance Wiretaps & BugsWiretaps & Bugs Operation ShamrockOperation Shamrock


IntroductionIntroduction

Computers, Internet make it easier Computers, Internet make it easier to collect and distribute to collect and distribute informationinformation

Previously private information is Previously private information is now easily availablenow easily available

Google makes it easy to cross Google makes it easy to cross reference phone number and reference phone number and addressaddress



Maryland database of medical Maryland database of medical records established in 1993records established in 1993

Goal was to contain health care Goal was to contain health care costscosts

A member of the health A member of the health commission used the information commission used the information to call in the loans of people who to call in the loans of people who had cancerhad cancer



Driver’s Privacy Protection Act 1994Driver’s Privacy Protection Act 1994 http://assembler.law.cornell.edu/http://assembler.law.cornell.edu/

uscode/html/uscode18/uscode/html/uscode18/usc_sec_18_00002721----000-.htmlusc_sec_18_00002721----000-.html

Prohibits states from revealing some Prohibits states from revealing some driver’s license application informationdriver’s license application information

Requires states to provide information Requires states to provide information to the federal governmentto the federal government



Privacy has been impacted upon Privacy has been impacted upon by the USA PATRIOT Actby the USA PATRIOT Act

Data miningData mining Identity theftIdentity theft EncryptionEncryption


Perspectives on PrivacyPerspectives on Privacy

Defining privacyDefining privacy AccessAccess

– Physical proximityPhysical proximity

– Knowledge about someoneKnowledge about someone "Zone of inaccessibility" (Byrne)"Zone of inaccessibility" (Byrne)

– Physical accessPhysical access Privacy is not the same as being Privacy is not the same as being

alonealone


Perspectives on PrivacyPerspectives on Privacy

Privacy violations are an affront Privacy violations are an affront to dignityto dignity

Treats a person as a means to an Treats a person as a means to an endend

Too much privacy can be harmfulToo much privacy can be harmful Privacy is a social arrangementPrivacy is a social arrangement


Harms of PrivacyHarms of Privacy

Illegal and immoral activities take Illegal and immoral activities take place under the cover of privacyplace under the cover of privacy

Restricts community involvementRestricts community involvement Puts a greater burden on nuclear Puts a greater burden on nuclear

familyfamily Enables dysfunctional or abusive Enables dysfunctional or abusive

relationshipsrelationships


Benefits of PrivacyBenefits of Privacy

Provides for freedom, individualityProvides for freedom, individuality Allows for private expression and Allows for private expression and

"blowing off steam""blowing off steam" Allows for building personal Allows for building personal

relationshipsrelationships


Is There a Natural Right To Is There a Natural Right To Privacy?Privacy? Privacy rights stem from property Privacy rights stem from property

rightsrights The right to be left aloneThe right to be left alone Every privacy violation is a Every privacy violation is a

violation of another rightviolation of another right Privacy is required to be an Privacy is required to be an

autonomous moral agentautonomous moral agent


Telemarketing & PrivacyTelemarketing & Privacy

Telemarketing bothers us inside of Telemarketing bothers us inside of our homesour homes

Violates our privacy and right to be Violates our privacy and right to be left aloneleft alone

Do Not Call RegistryDo Not Call Registry– May lead to increase in junk mail May lead to increase in junk mail

and other mass marketing and other mass marketing methodsmethods


Privacy & TrustPrivacy & Trust

Privacy is growing increasingly importantPrivacy is growing increasingly important We are less community oriented than 200 We are less community oriented than 200

years agoyears ago Automobile permits individual rather than Automobile permits individual rather than

group travelgroup travel TV is individual entertainmentTV is individual entertainment Internet provides individual research Internet provides individual research

rather than going to the libraryrather than going to the library


Privacy & TrustPrivacy & Trust

We move more often and We move more often and frequently do not know our frequently do not know our neighborsneighbors

Since we don't know people how Since we don't know people how do we trust them?do we trust them?– Trial by ordeal, lie detector or Trial by ordeal, lie detector or

drug testdrug test


Privacy and TrustPrivacy and Trust

Since we don’t know people Since we don’t know people how do we trust them?how do we trust them?– CredentialsCredentials

Driver's licenseDriver's licenseCredit cardCredit cardDegrees or certificationsDegrees or certifications


Disclosing InformationDisclosing Information

We leave electronic trails as we go We leave electronic trails as we go through lifethrough life

Purchases via credit or debit cardsPurchases via credit or debit cards Customer discount/loyalty cardsCustomer discount/loyalty cards Video, book rental recordsVideo, book rental records Purchasing profiles at Amazon.comPurchasing profiles at Amazon.com



Public recordsPublic records– Maintained by government agenciesMaintained by government agencies

Birth certificatesBirth certificates Marriage licensesMarriage licenses Motor vehicle recordsMotor vehicle records Criminal recordsCriminal records Deeds and mortgagesDeeds and mortgages

– Non-government such as telephone Non-government such as telephone booksbooks



Personal (private) recordsPersonal (private) records– Can be made public through consentCan be made public through consent– May require disclosureMay require disclosure

As an airline passengerAs an airline passenger To obtain loansTo obtain loans To obtain marriage licensesTo obtain marriage licenses

– May be inadvertently disclosedMay be inadvertently disclosed Court recordsCourt records


Public InformationPublic Information

Rewards or loyalty programsRewards or loyalty programs– Have been around for more than Have been around for more than

100 years100 years– S&H Green StampsS&H Green Stamps– Shoppers collected stamps based on Shoppers collected stamps based on

purchase amountspurchase amounts– Pasted them into booksPasted them into books– Redeemed by shopping in S&H Redeemed by shopping in S&H

catalogcatalog



Rewards or loyalty programsRewards or loyalty programs– Replaced by club cardsReplaced by club cards– Members only discountsMembers only discounts– Information is tracked individuallyInformation is tracked individually– Rewards are tailored to card holderRewards are tailored to card holder– Critics claim member prices are the Critics claim member prices are the

same as those at non-membership same as those at non-membership storesstores

– Therefore, non-members pay moreTherefore, non-members pay more



Digital video recordersDigital video recorders– TiVo did not publicize that it TiVo did not publicize that it

collected viewer informationcollected viewer information– It tipped its hand when it announced It tipped its hand when it announced

that Janet Jackson’s “wardrobe that Janet Jackson’s “wardrobe malfunction” was the most recorded malfunction” was the most recorded program in historyprogram in history



Automobile “Black Boxes”Automobile “Black Boxes”– Microprocessor that records driving Microprocessor that records driving

informationinformation– Speed, braking time, distance, seat Speed, braking time, distance, seat

belt use, etc.belt use, etc.– Can be used by police and insuranceCan be used by police and insurance



Enhanced 911 ServiceEnhanced 911 Service– FCC requires cell phones be tracked FCC requires cell phones be tracked

to within 100 meters by December to within 100 meters by December 20052005

– Safety benefit is obviousSafety benefit is obvious– Potential for abuse is tremendousPotential for abuse is tremendous



Radio Frequency ID (RFID)Radio Frequency ID (RFID)– Tiny wireless transmitterTiny wireless transmitter– Replacing bar codesReplacing bar codes

Contain more informationContain more information Easier to scanEasier to scan Can be read from up to 6 feet awayCan be read from up to 6 feet away

– Could be used to track employee Could be used to track employee locations at worklocations at work



Implanted chipsImplanted chips– Currently several versions in Currently several versions in

veterinary useveterinary use– About the size of a grain of riceAbout the size of a grain of rice– Required in Taiwan, implanted in Required in Taiwan, implanted in

dog’s eardog’s ear– Relatively inexpensive ($30 - $50)Relatively inexpensive ($30 - $50)– Could be used in peopleCould be used in people



CookiesCookies– Text filesText files– Generated and used by web pagesGenerated and used by web pages– Stored on local hard driveStored on local hard drive– Potential for use by multiple pagesPotential for use by multiple pages– Generally unrestricted, except by Generally unrestricted, except by

browserbrowser



SpywareSpyware– Monitors web surfingMonitors web surfing– Can log keystrokes, activitiesCan log keystrokes, activities– Sends reports back to hostSends reports back to host– Increasing problemIncreasing problem


U. S. LegislationU. S. Legislation

Fair Credit Reporting ActFair Credit Reporting Act Family Education Rights and Privacy Family Education Rights and Privacy

ActAct Video Privacy Protection ActVideo Privacy Protection Act Children’s Online Privacy Protection Children’s Online Privacy Protection

ActAct Health Insurance Portability and Health Insurance Portability and

Accountability ActAccountability Act


Fair Credit Reporting ActFair Credit Reporting Act

http://www.ftc.gov/os/statutes/fcra.hthttp://www.ftc.gov/os/statutes/fcra.htmm

Three main credit reporting agenciesThree main credit reporting agencies Sell reports to financial organizations, Sell reports to financial organizations,

potential employers, landlords, etc.potential employers, landlords, etc. Act is designed to promote accuracy Act is designed to promote accuracy

and privacy of informationand privacy of information


Family Education Rights and Family Education Rights and Privacy ActPrivacy Act http://www.ed.gov/policy/gen/guidhttp://www.ed.gov/policy/gen/guid

/fpco/ferpa/index.html/fpco/ferpa/index.html Guarantees students and parents Guarantees students and parents

access to recordsaccess to records Insures privacy for students over Insures privacy for students over

1818


Video Privacy Protection ActVideo Privacy Protection Act

http://assembler.law.cornell.edu/ushttp://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00code/html/uscode18/usc_sec_18_00002710----000-.html002710----000-.html

Prompted by Bork nomination Prompted by Bork nomination hearinghearing

Stores can not disclose information Stores can not disclose information without consumer’s consentwithout consumer’s consent

Must destroy personal records Must destroy personal records within one year, unless currently within one year, unless currently requiredrequired


Children’s Online Privacy Children’s Online Privacy Protection ActProtection Act http://www.ftc.gov/bcp/conline/puhttp://www.ftc.gov/bcp/conline/pu

bs/buspubs/coppa.htmbs/buspubs/coppa.htm Requires parental consent prior to Requires parental consent prior to

collecting online information from collecting online information from children 12 and youngerchildren 12 and younger

Intent is to prevent contact with Intent is to prevent contact with childchild

How do we prove identities?How do we prove identities?


Health Insurance Portability Health Insurance Portability and Accountability Actand Accountability Act http://www.hhs.gov/ocr/hipaahttp://www.hhs.gov/ocr/hipaa Protects patient informationProtects patient information Effective April 2003Effective April 2003 Forbids releasing information to life Forbids releasing information to life

insurance companies, banks, family insurance companies, banks, family members, etc. without authorizationmembers, etc. without authorization

Insures patient rights to see own Insures patient rights to see own recordsrecords


Public RecordsPublic Records

Federal government maintains Federal government maintains thousands of databasesthousands of databases

Generally not connectedGenerally not connected CensusCensus IRSIRS FBIFBI


CensusCensus

Constitutionally required every 10 Constitutionally required every 10 yearsyears

Intended for House of Intended for House of Representative apportionmentRepresentative apportionment


CensusCensus

Census of 1790 had six questionsCensus of 1790 had six questions– Name of head of householdName of head of household– Number of free white males over 16Number of free white males over 16– Number of free white males under 16Number of free white males under 16– Number of free white femalesNumber of free white females– All other free persons (by sex and All other free persons (by sex and

color)color)– Number of slavesNumber of slaves


CensusCensus

1820 added occupation questions1820 added occupation questions 1840 added school attendance 1840 added school attendance

and illiteracyand illiteracy 1850 included taxes, schools, 1850 included taxes, schools,

wages, crime, property valueswages, crime, property values 1940 – 5% of population received 1940 – 5% of population received

longer questionnairelonger questionnaire


CensusCensus

Individual information is to be kept Individual information is to be kept confidentialconfidential

During World War I provided names During World War I provided names and addresses of young men to and addresses of young men to militarymilitary

After Pearl Harbor attack, provided After Pearl Harbor attack, provided information on Japanese-Americans information on Japanese-Americans who were later interredwho were later interred


Internal Revenue ServiceInternal Revenue Service

First national income tax 1862First national income tax 1862 Repealed in 1872Repealed in 1872 Reinstated in 1898Reinstated in 1898 Ruled unconstitutional in 1899Ruled unconstitutional in 1899 1616thth Amendment 1913 Amendment 1913 Tax form contains much personal Tax form contains much personal

informationinformation


Internal Revenue ServiceInternal Revenue Service

IRS investigates hundreds of IRS investigates hundreds of employees yearly for misusing employees yearly for misusing information in tax returnsinformation in tax returns

2003 – five consumer groups 2003 – five consumer groups complained that costumers of Hcomplained that costumers of H&R Blocks’s web based filing &R Blocks’s web based filing received advertising for related received advertising for related productsproducts


FBI National Crime FBI National Crime Information Center (NCIC) Information Center (NCIC) 20002000 Collection of databasesCollection of databases Supports federal, state and local LEOSupports federal, state and local LEO First established in 1967First established in 1967 Originally, 5 databases, about 95k Originally, 5 databases, about 95k

recordsrecords Stolen autos, stolen license plates, Stolen autos, stolen license plates,

stolen or missing guns, missing personsstolen or missing guns, missing persons CurrentlyCurrently


FBI National Crime FBI National Crime Information Center (NCIC) Information Center (NCIC) 20002000 Currently 39 million recordsCurrently 39 million records Convicted or wanted persons, Convicted or wanted persons,

criminal histories, fugitives, criminal histories, fugitives, suspected terrorists, etc.suspected terrorists, etc.

80,000 LEO’s have access80,000 LEO’s have access 2 million requests per day, about 2 million requests per day, about

1 second response time1 second response time


Privacy Act of 1974Privacy Act of 1974

Prohibits use of secret Prohibits use of secret government databasesgovernment databases

Requires individual access to Requires individual access to correct or amend own informationcorrect or amend own information

Requires collecting agencies to Requires collecting agencies to assure reliability of informationassure reliability of information


Privacy Act of 1974Privacy Act of 1974

Only applies to government Only applies to government databasesdatabases

Applies only to records indexed by Applies only to records indexed by individual’s nameindividual’s name

Places no one in charge of Places no one in charge of enforcementenforcement

Allows inter-agency sharing for Allows inter-agency sharing for “routine use”“routine use”


Covert Government Covert Government SurveillanceSurveillance History of government History of government

information gatheringinformation gathering Colonial US under English law had Colonial US under English law had

writs of assistancewrits of assistance– Gave authority to enter house or

building and seize prohibited goods– Not popular with colonists


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.”


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


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


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


Wiretaps & Bugs

Katz vs. US (389 US 347) http://caselaw.lp.findlaw.com/scri

pts/getcase.pl?court=US&vol=389&invol=347

US Supreme Court rules bugs covered by Fourth Amendment


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


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


Questions & DiscussionQuestions & Discussion

Documents

Ethics for the Information Age