1. Alex Romano BUS297D Intrusions on Privacy and Other Personal Rights

2. Sources of Law Regulating Privacy U.S Constitution 4 th Amendment - unreasonable searches by government officials. State Constitutions Common Law – laws developed through court decisions Federal and State statutes Administrative agencies

3. Invasion of Privacy When someone intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns... if the intrusion would be highly offensive to a reasonable person It is illegal to publicize private facts about another when the disclosure would be highly offensive to a reasonable person

4. The Privacy Balance Importance of Business v. Degree of Intrusion

5. Vernonia School District v. Acton School adopted drug test policy – all athletes had to submit to a drug test. Sharp increase in drug use among students Athletes were leaders of the drug culture Drugs increase the risk of sports injuries

6. Supreme court determined it was constitutional Maintaining order and ensuring safety outweighed the intrusions on the athletes’ expectation of privacy Testing was designed to minimize intrusion Students athletes do not have a substantial expectation of privacy Physical exams Vaccinations Locker room

7. Drug testing at work Degree of harm that an employee is capable of in that position to the: Government Public Other employees

8. Privacy and Technology Biometric technologies RFID or NFC GPS Cell Phones Camera GPS Google Street View

9. Electronic Communications Protection Act Title I: Protects wire, oral, and electronic communications while in transit. Title II: Stored Communications Act (SCA), protects communications held in electronic storage, most notably messages stored on computers. Title III: Prohibits the use of pen register and/or trap and trace devices to record dialing, routing, addressing, and signaling information used in the process of transmitting wire or electronic communications without a court order.

10. ECPA Exceptions Title I: Prior consent Ordinary course of business This generally permits business managers to listen in on their employees' business-related calls, even if there is no prior consent. Title II (SCA) Electronic communications service provider User consent

11. Monitoring at Work Electronic monitoring systems Word processing/Keystrokes Data entry Phones Video surveillance Biometric recognition to check in/out Internet usage

12. Monitoring at Work Justification Use business assets for legitimate purposes Ensure you’re doing what you’re paid for Efficiency Protect Trade Secrets Security (attachments) Prevent hostile work environment Protect reputation

13. Mitigate Lawsuit Risks Notify employees to reduce any expectation of privacy Internet use policy Email policy

14. Smyth v. The Pillsbury Co. Smyth was terminating for transmitting what was deemed to be inappropriate and unprofessional comments over Pillsbury's e- mail system. Smyth claimed that Pillsbury invaded his privacy The company's interest in preventing inappropriate and unprofessional comments or even illegal activity over its e-mail system outweighs any privacy interest the employee may have in those comments. Takeaway: Once a communicated message is sent over an e-mail system, which is utilized by the entire company, any reasonable expectation of privacy is lost.

15. Collection of Personal Info on the WebPersonal Info on the Web Public records (Acxiom Corp) Real estate records Bankruptcy filings Sign up forms Contest Facebook Discounts Loan Cookies

16. Privacy Protection Laws The Right to Financial Privacy Act restricts the federal government from reviewing bank account records. The Fair Credit Reporting Act limits access to credit reports with exceptions for those having legitimate business needs. The Financial Services Modernization Act limits the ways in which financial institutions can share customer data. The Video Privacy Protection Act requires customers to consent to the release of video rental information. The Health Insurance Portability and Accountability Act (HIPPA) has provisions that protect the privacy of medical records.

17. Fair Information Principles Notice that is clear and conspicuous about what information is collected, how it is collected and used, whether the information is disclosed to other entities, and whether other businesses collect information at the site Choice as to how personal information is used beyond the immediate transaction, including for internal marketing purposes and uses by other entities. Access to personal information that is collected, including a reasonable opportunity to correct errors Security that is reasonable

18. Identity Theft Phishing Spyware Hacking (Large corporations)

19. Content Control and Regulation Communications Decency Act (CDA) and Child Online Protection Privacy Act (COPA): protect children from exposure to offensive messages and materials over the Internet. Reno v. ACLU Ruled that the CDA violates the First Amendment The governmental interest in protecting children from harmful materials does not justify an unnecessarily broad suppression of speech addressed to adults.

20. Defamation Making a false statement to the public about another person that harms that person's reputation. Before the Internet whenever a false statement was widely circulated, there is almost always a financially solvent publisher involved that can be held accountable. Cubby, Inc v CompuServe – CompuService was not held liable for speech on its forums Stratton Oakmont v. Prodigy – Prodigy was held liable because it had a software screening process. Section 230(c): No provider or user of an interactive computer service shall be treated as a publisher or speaker of information provided by another information content provider.

21. UNITED STATES v. PINEDA-MORENO DEA placed a mobile tracking device on Moreno’s vehicle while it was parked in his driveway Did the agents invade an area where he had a reasonable expectation of privacy and thus, violate his 4 th Amendment rights? The 4 th Amendment forbids warrantless searches. Moreno cannot prove that the agents invaded an area in which he possessed a reasonable expectation of privacy. His driveway was open and easily accessible. Also, the undercarriage is part of the car's exterior and not considered a private place so attaching a mobile device is not considered a “search”.

22. Show and Tell Victory For Location Privacy in New York GPS Tracking Case GPS poses a categorically different kind of privacy threat than simple tracking beepers previously allowed without a warrant in U.S. Supreme Court cases from the early 1980s. For these reasons, suspicionless, warrantless GPS tracking violates the state guarantees against unreasonable searches and seizures. Court Case Asks if ‘Big Brother’ Is Spelled GPS “In November, the [Supreme Court] will hear arguments in United States v. Jones, No. 10-1259, the most important Fourth Amendment case in a decade.”

23. Show and Tell Teacher should be fired for Facebook comment, judge rules “You can’t simply fire someone for what they have on a Facebook page; but if that spills over and affects the classroom then you can take action.” U.S. Judge upholds investigators' access to Twitter data The court must ask whether the petitioners had a reasonable expectation of privacy in the IP address information as collected and stored by Twitter Fired Iowa Civil Rights Investigators Nicknamed Co-workers "Pyscho" and "Rainman“ Fired Iowa Civil Rights Investigators Nicknamed Co-workers "Pyscho" and "Rainman“ Three employees of the Iowa Civil Rights Commission were fired after their boss discovered thousands of gossipy emails attacking coworkers and assigning them derogatory nicknames.